Legislative activity affecting access to information, 2013–2014

Amendments to the Access to Information Act (ATIA) and its schedules, to the Regulations and to the Heads of Government Institutions Designation Order
Statute or Order in Council Bill Citation Received Royal Assent Amendments Coming into force of amendments
41st Parliament, 1st Session
An Act to amend the National Defence Act and to make consequential amendments to other Acts C-15 Statutes of Canada, 2013, c. 24 June 19, 2013 Section 115 strikes out the Canadian Forces Grievance Board from Schedule I of the ATIAand adds the Military Grievances External Review Committee. June 19, 2013
An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts (Enhancing Royal Canadian Mounted Police Accountability Act) C-42 Statutes of Canada, 2013, c. 18 June 19, 2013

Section 15 strikes out the Royal Canadian Mounted Police Public Complaints Commission from Schedule I of the ATIAand adds the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.

The Act also adds a reference to subsection 45.47(1) of the Royal Canadian Mounted Police Act to Schedule II of the ATIA.

Not in force
An Act to Enact the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act and to make related and consequential amendments to other Acts (Northern Jobs and Growth Act) C-47 Statutes of Canada, 2013, c. 14 June 19, 2013 The Act adds the following institutions to Schedule I of the ATIA:
  • Nunavut Impact Review Board
  • Nunavut Planning Commission
Not in force
An Act to amend the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the First Nations Goods and Services Tax Act and related legislation (Technical Tax Amendments Act, 2012) C-48 Statutes of Canada, 2013, c. 34 June 27, 2013 The Act amends section 241 of the Income Tax Act, which is listed in Schedule II of the ATIA. June 27, 2013
An Act to amend the Witness Protection Program Act and to make a consequential amendment to another Act (Safer Witnesses Act) C-51 Statutes of Canada, 2013, c. 29 June 27, 2013 The Act adds a reference to section 11 of the Witness Protection Program Act to Schedule II of the ATIA. Not in force
An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures C-60 Statutes of Canada, 2013, c. 33 June 26, 2013

Strikes out the Department of Foreign Affairs and International Trade from Schedule I and replaces it with the Department of Foreign Affairs, Trade and Development

Strikes out the Canadian International Development Agency from Schedule I

June 26, 2013
An Act respecting language skills C-419 Statutes of Canada, 2013, c. 36 June 26, 2013 This enactment provides that persons appointed to certain offices, including the Information Commissioner, must be able to speak and understand clearly both official languages. June 26, 2013
SI/2013-70       Amends the designation order, strike out the following section: s. 25 Canadian International Development Agency June 27, 2013
SOR/2013-114      

The order strikes out Canada Ports Corporation Police and Security, Department of Transport and Special Investigation Unit, Department of National Defence from Schedule I of the ATIA regulations.

The order also replaces the Preventive Security Division, Securities Branch, Correctional Service of Canada with Preventative Security, Security Branch, Correctional Service of Canada

May 31, 2013
41st Parliament, 2nd Session
A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures C-4 Statutes of Canada, 2013, c. 40 December 12, 2013 The Act strikes out the following institution from Schedule I of the ATIA:
  • Corporation for the Mitigation of the Mackenzie Gas Projects Impacts

The Act strikes out the Department of Human Resources and Skills Development from Schedule I and adds the Department of Employment and Social Development

Amends s. 241 of the Income Tax Act and s. 144(3) of the Canada Labour Code, which are both listed in Schedule II of the ATIA.

December 12, 2013
The Act strikes out the following institutions from Schedule I of the ATIA:
  • Public Service Labour Relations Board
  • Public Service Staffing Tribunal
The Act adds the following institution to Schedule I of the ATIA:
  • Public Service Labour Relations and Employment Board
Not in force
An Act to amend the Museums Act in order to establish the Canadian Museum of History and to make consequential amendments to other Acts C-7 Statutes of Canada, 2013, c. 38 December 12, 2013

Section 11 replaces “the Canadian Museum of Civilization” with “the Canadian Museum of History” in section 68(c) of the ATIA.

There was no change to Schedule I of the ATIA as the museum is not listed, but is instead covered as a Crown Corporation

December 12, 2013
An Act to replace the Northwest Territories Act to implement certain provisions of the Northwest Territories Lands and Resources Devolution Agreement and to repeal or make amendments to the Territorial Lands Act, the Northwest Territories Waters Act, the Mackenzie Valley Resource Management Act, other Acts and certain orders and regulations C-15 Statutes of Canada, 2014, c. 2 March 25, 2014 The Act strikes out the following institutions from Schedule II:
  • Northwest Territories Surface Rights Board
  • Northwest Territories Water Board
(will be in force April 9, 2014)
Not in force
The Act strikes out the following institutions from Schedule II:
  • Gwich’in Land and Water Board
  • Sahtu Land and Water Board
Not in force
An Act to give effect to the Governance Agreement with Sioux Valley Dakota Nation and to make consequential amendments to other Acts C-16 Statutes of Canada, 2014, c. 1 March 4, 2014 The Acts adds the Sioux Valley Dakota Oyate Government to the definition of “Aboriginal Government” at s. 13(3) of the ATIA Not in force
SI/2013-118       Amends the designation order, strikes out the following section: s. 54 Merchant Seaman Compensation Board October 30, 2013
SI/2014-4       Amends the designation order, strikes out the following section: s. 21.1 Canadian Forces Grievances Board
Adds the following section: s.55.0001 Military Grievances External Review Committee
December 18, 2013
SOR/2014-66       Adds the following institutions to Schedule I of the ATIA:
  • Oshawa Port Authority
  • Vancouver Fraser Port Authority
March 25, 2014
Proposed amendments to the Access to Information Act
Proposed legislation Bill Last stage completed as of March 31, 2013 Proposed amendments
41st Parliament, 1st Session
An Act to amend the Museums Act in order to establish the Canadian Museum of History and to make consequential amendments to other Acts (Canadian Museum of History Act) C-49 Standing Committee on Canadian Heritage Report to the House of Commons, June 18, 2013 The Bill proposes to replace “Canadian Museum of Civilization” with “Canadian Museum of History” in section 68 of the ATIA.
An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts C-56 Second Reading in the House of Commons, June 12, 2013 The Bill proposes to strike out the Trade-Marks Act and corresponding reference to s. 50(6) from Schedule II
An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts C-57 First Reading in the House of Commons, March 18, 2013 The Bill proposes to adds two more sections from the Aeronautics Act to Schedule II of the ATIA
An Act to amend the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and other Acts and to provide for certain other measures C-61 First Reading in the House of Commons, June 7, 2013

The Bill proposes to strike out the Canada-Newfoundland Offshore Petroleum Board from Schedule I of the ATIA and add the Canada-Newfoundland and Labrador Offshore Petroleum Board

The Bill would strike out the Canada-Newfoundland Atlantic Accord Implementation Act  and corresponding section from Schedule II

The Bill would add the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act and two corresponding sections to Schedule II

The Bill would strike out the reference to s. 19 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act in Schedule II

The Bill would add a reference to s. 210.087(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act to Schedule II

An Act to establish and maintain a national registry of medical devices S-202 Standing Senate Committee on Social Affairs, Science and Technology Report presented in the Senate on April 30, 2013 The Bill proposes to add the Medical Devices Registry Act and corresponding s. 11 to Schedule II of the ATIA
41st Parliament, 2nd Session
An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts C-3 Standing Committee on Transport, Infrastructure and Communities Report presented in the House of Commons, March 5, 2014 The Bill proposes to adds two more sections from the Aeronautics Act to Schedule II of the ATIA
An Act to amend the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and other Acts and to provide for certain other measures C-5 Standing Committee on Natural Resources  Reported presented in the House of Commons, March 27, 2014

The Bill proposes to strike out the Canada-Newfoundland Offshore Petroleum Board from Schedule I of the ATIA and add the Canada-Newfoundland and Labrador Offshore Petroleum Board

The Bill would strike out the Canada-Newfoundland Atlantic Accord Implementation Act  and corresponding section from Schedule II

The Bill would add the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act and two corresponding sections to Schedule II

The Bill would strike the reference to s. 19 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act in Schedule II The Bill would add a reference to s. 210.087(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act to Schedule II

An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts C-8 Standing Committee on Industry, Science and Technology Report presented to the House of Commons, January 31, 2014 The Bill proposes to strike out the Trade-Marks Act and corresponding reference to s. 50(6) from Schedule II
An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act C-13 First Reading in the House of Commons, November 20, 2013 The Bill proposes to amends ss. 187 and 487.3 of the Criminal Code, which are both listed in Schedule II of the ATIA.
An Act respecting Canada's offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making consequential amendments to other Acts C-22 First Reading in the House of Commons, January 30, 2014 The Bill proposes to amend s. 101 of the Canada Petroleum Resources Act, which is listed in Schedule II of the ATIA The Bill proposes to amend s. 119 of the Canada-Newfoundland Atlantic Accord Implementation Act, which is listed in Schedule II of the ATIA The Bill proposes to amend s. 122 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, which is listed in Schedule II of the ATIA
An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts C-23 Second Reading in the House of Commons, February 10, 2014 The Bill proposes to add a new exemption (s. 16.3) to the ATIA for investigations under the Elections Act by the Director of Public Prosecutions
An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures C-31 First Reading in the House of Commons, March 28, 2014 The Bill proposes to strike out the following institutions from Schedule I of the ATIA:
  • Canada Industrial Relations Board
  • Canadian Cultural Property Export Review Board
  • Canadian Human Rights Tribunal
  • Canadian International Trade Tribunal
  • Registry of the Public Servants Disclosure Protection Tribunal
  • Specific Claims Tribunal
The Bill would add the following to Schedule I of the ATIA
  • Administrative Tribunals Support Service of Canada
The Bill proposes to amends the following provisions, which are listed in Schedule II of the ATIA:
-           section 241 of the Income Tax act
-           section 295 of the Excise Tax Act
-           section 55(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act
An Act to amend the Access to Information Act (response time)   C-253 First Reading in the House of Commons, June 23, 2011 The Bill proposes to add to section 9 of the ATIAa procedure to be followed when a request for access to a record is still outstanding 100 days after it is received.
An Act to establish and maintain a national Breast Implant Registry  C-255 First Reading in the House of Commons, June 23, 2011

The Bill proposes to add the Registrar of the Breast Implant Registry to Schedule I of the ATIA.

The Bill proposes to add a reference to section 11 of the Breast Implant Registry Act to Schedule II of the ATIA.

An Act to establish the office of the Veterans’ Ombudsman  C-283 First Reading in the House of Commons, September 23, 2011 The Bill proposes that the Ombudsman must comply with the relevant provisions in the ATIAwith respect to the inclusion of any personal information in a report.
An Act to amend the Access to Information Act (open government)  C-301 First Reading in the House of Commons, September 29, 2011 The Bill proposes a number of amendments to the ATIAfor the purpose of implementing the amendments proposed in 2005 by John Reid, former Information Commissioner of Canada.
An Act to amend the Investment Canada Act (enhanced ministerial oversight) C-334 First Reading in the House of Commons, October 21, 2011 The Bill proposes repealing section 36 of the Investment Canada Act, which is listed in Schedule II of the ATIA.
An Act to amend the Investment Canada Act (committee members) C-401 First Reading in the House of Commons, February 27, 2012 The Bill proposes to amend the Investment Canada Act to provide that certain information obtained by a member of the Standing Committee on Industry, Science and Technology of the House of Commons in the course of his or her work as a member of that committee is privileged and not to be communicated, except in the course of a parliamentary proceeding.
An Act respecting the repeal and replacement of the Veterans Review and Appeal Board Act C-447 First Reading in the House of Commons, October 3, 2012 The Bill proposes that the Veterans Review and Appeal Board Act should be repealed and replaced.
An Act to amend the Access to Information Act and the Privacy Act (disclosure of information) (CBC and Public Service Disclosure and Transparency Act) C-461 Bill not proceeded with, February 26, 2014

The Bill proposed to repeal the exclusion in section 68.1 of the ATIAand to add the following exemption:

18.2 The head of the Canadian Broadcasting Corporation may refuse to disclose any record requested under this Act if the disclosure could reasonably be expected to prejudice the Corporation’s journalistic, creative or programming independence.

The Bill also proposes some amendments to the definition of “personal information” in subparagraph 3(j)(iii) of the Privacy Act.

An Act to amend the Access to Information Act (transparency and duty to document) C-567 First Reading in the House of Commons, January 28, 2014 The Bill proposes a number of amendments to the ATIA:
  • Amends sections 2 (the purpose of the Act) and 4 (the right of access)
  • Adds a duty to create documents (and corresponding offence if a record is not created);
  • Adds a public interest override;
  • Repeals the exclusion for Cabinet Confidences and replaces it with a mandatory exemption for Cabinet Confidences that are less than 15 years old;
  • Adds an injury test to s. 21 (advice and recommendations) and reduces the length of this exemption from 20 to 5 years; and
  • Provides the Commissioner with the authority to issue orders requiring disclosure of information.
An Act to establish the Canadian Commission on Mental Health and Justice S-208 First Reading in the Senate, November 6, 2013 The Bill proposes to add the following institution to Schedule I of the ATIA:
  • Canadian Commission on Mental Health and Justice