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Legislative and Regulatory Changes and Proposals to the Access to Information Act

A. Changes to the Act

(i) Changes further to the Enactment of the Federal Accountability Act

The Government public Bill C-2, entitled An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability (the Federal Accountability Act), received Royal Assent on December 12, 2006 [S.C. 2006, c. 9] and caused or will cause the following amendments:

Section

Description

Royal Assent : December 12, 2006

3

Definitions

Designated Minister

Head

Record

3.2

Power to Designate Minister

22.1

Exemption for Internal Audits

31

Written Complaint: Delay

35(2)(c)

(French version only)

Right to make Representations

36(3)

Evidence in Other Proceedings

54(1)(2)(4)

Appointment of Information Commissioner

58(2)

(French version only)

Technical Assistance

59(2)

Investigations relating to International Affairs & Defence

70(c.1)(1.1)

Duties and Functions of Designated Ministers

72.1

Report of Expenses

77(1)(i)

Regulations: Criteria for Schedule I

March 1, 2007

3.01

For greater certainty: Specifics on Crown Corporations

21(1)(b)

Advice Etc.

21(2)(b)

Exercise of a Discretionary Power or an Adjudicative Function

47(2)

Disclosure of an Offence Authorized

63(2)

Disclosure of an Offence Authorized

April 1, 2007

16.1

Exemptions for: the Auditor General of Canada, the Commissioner of Official Languages for Canada, the Information Commissioner, and the Privacy Commissioner

16.3

Exemption for the Chief Electoral Officer

18(b)(d)

Economic Interests of Canada

April 15, 2007

16.4

Exemption for the Public Sector Integrity Commissioner

16.5

Exemption for records related to the Public Servants Disclosure Protection Act

September 1, 2007

3

Definition

Government Institution

3.1

For greater certainty: Information Related to General Administration

4(2.1)

Responsibility of Institution: Duty to Assist and Provide Timely Access

18.1

Specific exemptions for Some Crown Corporations

20.1

Specific exemption: Public Sector Investment Board

20.2

Specific exemption: Canada Pension Plan Investment Board

20.4

Specific exemption: National Arts Centre Corporation

68.1

Specific exclusion: Canadian Broadcasting Corporation

68.2

Specific exclusion: Atomic Energy of Canada Limited

77(1)(a)(a.1)

Regulations: Format

 

(ii) Changes further to the Enactment of the Other Acts

The Government Bill C-34, entitled An Act to provide for jurisdiction over education on First Nation lands in British Columbia received royal assent on December 12, 2006  (2006, c. 10), will come into force on proclamation, and will cause the following changes:

Adds paragraph 13(3)(e) to the Act:

(e) the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act.

Amends paragraph 8(2)(f) of the Privacy Act:

(f) under an agreement or arrangement between the Government of Canada or an institution thereof and the government of a province, the council of the Westbank First Nation, the council of a participating First Nation — as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act —, the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the purpose of administering or enforcing any law or carrying out a lawful investigation;

Adds paragraph 8(7)(e) of the Privacy Act:

(e) the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act.

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