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Appendix 3. Amendments and proposed amendments to the Access to Information Act

Changes to the Schedules and Designation Order in 2008–2009

Statute or Order in council Bill Citation Came into force Change
An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures C-10 S.C. 2009, c. 2 Royal Assent received on March 12, 2009. Coming into force will be determined by Order in Council. Add Canada Deposit Insurance Corporation Act to Schedule II and add a reference to subsection 45.3(1)
An Act to give effect to the Tsawwassen First Nation Final Agreement and to make consequential amendments to other Acts C-34 S.C. 2008, c. 32 April 3, 2009

Subsection 13(3) of the Access to Information Act and subsection 8(7) of the Privacy Act is amended by striking out the word “or” at the end of paragraph (d), by adding the word “or’’ at the end of paragraph (e) and by adding the following after paragraph (e):

(f) the Tsawwassen Government, as defined in subsection 2(2) of the Tsawwassen First Nation Final Agreement Act

An Act to establish the Specific Claims Tribunal and to make consequential amendments to other Acts C-30 S.C. 2008, c. 22 November 18, 2008

Add the Specific Claims TribunalAct to Schedule I

Schedule II: adds a reference to subsections 27(2) and 38(2) of the Specific Claims Tribunal Act

An Act to amend the Museums Act and to make consequential amendments to other Acts C-42 S.C. 2008, c. 9 August 10, 2008 Paragraph 68(c) of the Access to Information Act is replaced by the following:

(c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature, the National Museum of Science and Technology or the Canadian Museum for Human Rights by or on behalf of persons or organizations other than government institutions

Schedule I to the Act is amended by adding the following:

Canadian Museum for Human Rights

P.C. 2008-800     June 1, 2008 Adds the institution the Indian Residential Schools Truth and Reconciliation Commission Secretariat to Schedule I
P.C. 2008-802     June 1, 2008 Adds an institution to the Designation Order




Proposed changes to the Act

Second Session, Thirty-Ninth Parliament

Private member’s bills
Bill Proposed legislation Last stage Changes
C-554 An Act to amend the Access to Information Act (open government) First reading, May 29, 2008 The Bill implements the proposals contained in the Open Government Act, made by former Information Commissioner Reid in 2005.
C-556 An Act to amend the Access to Information Act (improved access) First reading, June 2, 2008 The Bill implements the proposals contained in the Open Government Act, made by former Information Commissioner Reid in 2005.

First and Second Sessions, Fortieth Parliament

Private member’s bills
Bill Proposed legislation Last stage Changes
C-278 An Act to amend the Access to Information Act (response times) First reading, February 2, 2009 (was referred as Bill C-470 in the 2007–2008 Annual Report) The Bill provides for a report to be given to the requester and the Office of the Information Commissioner explaining the delay and the projected completion date when a request is still outstanding 100 days after it was received. It also requires the Information Commissioner to report annually the number of outstanding requests.
C-326 An Act to amend the Access to Information Act (open government) First reading, February 25, 2009 (was referred as Bill C-554 in the 39th Parliament) The Bill implements the proposals contained in the Open Government Act, made by former Information Commissioner Reid in 2005.
C-334 An Act prohibiting the commission, abetting or exploitation of torture by Canadian officials and ensuring freedom from torture for all Canadians at home and abroad and making consequential amendments to other Acts First reading, March 5, 2009 The Bill amends section 15 of the Access to Information Act to ensure that it does not prevent the disclosure of records relating to torture.
S-203 An Act to amend the Business Development Bank of Canada First reading, January 27, 2009 The Bill proposes an amendment to Schedule II of the Access to Information Act.
S-206 An Act to create the Office of the Commissioner of the Environment and Sustainable Development First reading, January 27, 2009 The Bill proposes amendments to subsection 16.1 and Schedule I of the Access to Information Act.
S-214 An Act to regulate securities and provide a single securities commission for Canada First reading, January 27, 2009 The Bill proposes to exempt some information from disclosure.

Report
First Report of the Standing Committee on Access to Information, Privacy and Ethics Pursuant to Standing Order 108(2), and a motion adopted by the Committee on Wednesday, February 11, 2009, your Committee recommended: That the government introduce in the House, by May 31, 2009, a new, stronger and more modern Access to Information Act, drawing on the work of the Information Commissioner Mr. John Reid.

Motions
Opposition motion (Mr. McTeague) – March 6, 2009 That, given the Information Commissioner’s report on February 26, 2009, which condemns “a lack of leadership at the highest levels of government”, this House calls upon the government to amend the Access to Information Act to include, as part of its purpose, that “every government institution shall make every reasonable effort to assist persons requesting access and to respond to each request openly, accurately and completely and without unreasonable delay”, and further, to provide a general “public interest” override for all exemptions, so the public interest is put before government secrecy, as promised in the 2006 election platform of the Conservative Party of Canada.
Opposition motion (Mr. Siksay) – March 3, 2009 That this House calls on the government to recognize Canadians’ right to know and the principle of open government, rather than placing further restrictions on the release of information and opting for increased secrecy, and therefore this House urges the government to introduce within 30 days legislation based on former Information Commissioner John Reid’s draft bill to revise the Access to Information Act, in consultation with Information Commissioner Robert Marleau.

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