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CHAPTER V:

LEGAL SERVICES

C. Legislative Changes

Amendments to Schedules I and II

The Government public Bill C-11, An Act to establish a procedure for the disclosure of wrongdoings in the public sector, including the protection of persons who disclose the wrongdoings, proposes to amend section 16 of the Act by adding the following after subsection (1):

(1.1) The head of a government institution may refuse to disclose any record requested under this Act that contains information obtained or prepared by the President of the Public Service Commission under thePublic Servants Disclosure Protection Act, by a senior officer designated under subsection 10(2) of that Act or by a supervisor to whom a public servant has disclosed a wrongdoing under section 12 of that Act and that is in relation to a disclosure made or an investigation carried out under that Act if the record came into existence less than 20 years prior to the request.

This bill reproduces parts of the previous Government Bill C-25 on the same subject-matter, which died on the Order Paper on May 23, 2004. (2004, Bill C-11, Section 55; read and referred to Committee October 18, 2004)

The private member’s Bill C-276, An Act to amend the Access to Information Act (Crown corporations and Canadian Wheat Board), proposes to make crown corporations and the Canadian Wheat Board subject to the Access to Information Act. This will be accomplished by replacing the definition of "government institution" in section 3 of the Act by the following:

"government institution" means any department or ministry of state of the Government of Canada listed in Schedule I, any body or office listed in Schedule I or any Crown corporation as defined in the Financial Administration Act, and includes the Canadian Wheat Board. (2004, Bill C-276, Section 1; received First Reading on November 15, 2004)


Proposed Changes to Schedules I and II

During the 2003-04 fiscal year, new government institutions became subject to the Access to Information Act while others, which had been abolished, were struck out. The following amendments were made to Schedules I and II of the Act.

Subsection 18(7) of the Government public Bill C-9, An Act to establish the Economic Development Agency of Canada for the Regions of Quebec, proposes to amend Schedule I by providing that a reference to the former agency in that schedule is deemed a reference to the new agency, that is, the Economic Development Agency of Canada for the Regions of Quebec. (2004, Bill C-9, subsection 18(7); read and referred to Committee; reported on February 24, 2005)

The Government public Bill C-22, An Act to establish the Department of Social Development and to amend and repeal certain related Acts, proposes amendments to Schedules I and II to the Act.

  • Section 42 would amend Schedule I by adding, under the heading "Departments and Ministries of State" the "Department of Social Development/Ministère du Développement social".
  • Section 43 and 44 would respectively amend Schedule II by replacing the reference to section 104, opposite the Canada Pension Plan, with a reference to subsection 104.01(1), and the reference to section 33 opposite the Old Age Security Act with a reference to subsection 33.01(1).

(2004, Bill C-22, sections 42 to 44; read and referred to Committee; reported on February 22, 2005)

The Government public Bill C-23, An Act to establish the Department of Human Resources and Skills Development and to amend and repeal certain related Acts, proposes to amend Schedules I and II to the Act.

  • Section 58 would amend Schedule I by striking out the following under the heading "Departments and Ministries of State": "Department of Human Resources Development/Ministère du Développement des resources humaines".
  • Section 59 would amend Schedule I by adding the following in alphabetical order under the heading "Departments and Ministries of State": "Department of Human Resources and Skills Development/Ministère des Ressources humaines et du Développement des competences".
  • Section 60 would amend Schedule I by striking out the following under the heading "Other Government Institutions": "Department of Human Resources and Skills Development/Ministère des Ressources humaines et du Développement des compétences".
  • Section 61 would amend Schedule II by striking out the reference to "Department of Human Resources Development Act/Loi sur le Ministère du Développement des resources humaines" and the corresponding reference to section 33.5.

(2004, Bill C-23, sections 58 to 61; debated at Third Reading March 23, 2005)

The Government public Bill C-31, An Act to establish the Department of International Trade and to make related amendments to certain Acts, proposes to amend Schedule I to the Act:

  • Section 11 would amend Schedule I by striking out, under the heading "Departments and Ministries of State": the "Department of Foreign Affairs and International Trade/Ministère des Affaires étrangères et du Commerce international".
  • Section 12 would amend Schedule I by adding, under the heading "Departments and Ministries of State": the "Department of International Trade/Ministère du Commerce international".
  • Section 13 would amend Schedule I by striking out, under the heading "Other Government Institutions": the "Department of International Trade/Ministère du Commerce international".

(2004, Bill C-31, sections 11 to 13; debated at Second Reading on February 7, 9, and 10, 2005)

The Government public Bill C-32, An Act to amend the Department of Foreign Affairs and International Trade and to make consequential amendments to other Acts, proposes to amend Schedule I to the Act by adding, under the heading "Departments and Ministries of State": the "Department of Foreign Affairs/Ministère des Affaires étrangères". (2004, Bill C-32, section 10; debated at Second Reading on February 10, 11 and 14, 2005)

On February 17, 2005, the President of the Treasury Board tabled a report in Parliament announcing that the Access to Information Act ought to be amended by including by order in council ten Crown corporations currently outside the provisions of the Act: Canada Development Investment Corporation; Canadian Race Relations Foundation; Cape Breton Development Corporation; Cape Breton Growth Fund Corporation; Enterprise Cape Breton Corporation; Marine Atlantic Inc.; Old Port of Montreal; Parc Downsview Park Inc.; Queens Quay West Land Corporation; and Ridley Terminal Inc.

As of March 31, 2005, no order in council had yet been taken to this end.


Amendments to Heads of Government Institutions Designation Order

The Schedule to the Heads of Government Institutions Designation Order was amended by replacing the portion of item 85.1 in Column II by "President of the Treasury Board/Le président du Conseil du Trésor". (Canada Gazette Part II, SI/2004-91, in force on July 20, 2004)

Item 103 of the English version of the Schedule to the Heads of Government Institutions Designation Order was renumbered and reads as follows: Column I, "102.01 Trois-Rivières Port Authority/Administration portuaire de Trois-Rivières" and, Column II, "Chief Executive Officer/Premier dirigeant". (Canada Gazette Part II, SI/2004-117, in force on September 22, 2004)

The Schedule to the Heads of Government Institutions Designation Order was amended by adding under Column I "84.1 Public Health Agency of Canada/Agence de la santé publique du Canada and under Column II "Minister of Health/Ministre de la Santé". (Canada Gazette Part II, SI/2004-126, in force on September 24, 2004)

The Schedule to the Heads of Government Institutions Designation Order was amended by adding under Column I "24.01 Canadian Human Rights Tribunal/Tribunal canadien des droits de la personne" and under Column II "Chairperson/Président". (Canada Gazette Part II, SI/2004-129, registered October 20, 2004)