Tuesday, April 30, 2019

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

THIRTIETH REPORT

Your committee, to which was referred Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, has, in obedience to the order of reference of June 6, 2018, examined the said bill and now reports the same with the following amendments:

1. Delete clause 5, pages 2 and 3.

2.  Clause 6, page 3:

(a) Replace lines 6 to 17 with the following:

“6 Section 6 of the English version of the Act is replaced by the following:

6 A request for access to a record under this Part shall be made in writing to the government institution that has control of the record and shall provide sufficient detail to enable an experienced employee of the institution to identify the record with a reasonable effort.

6.1 The Act is amended by adding the following after section 6:”;

(b) replace lines 23 to 32 with the following:

“the request is vexatious, is made in bad faith or is”;

(c) replace line 36 with the following:

“ized under subsection (1) to decline to act on a per-”; and

(d) add the following after line 39:

“(1.2) If the head of a government institution communicates with the Information Commissioner to obtain his or her approval to decline to act, the 30-day period set out in section 7 — and any extension to it under section 9 — is suspended during the period beginning on the day on which the head of the institution communicates with the Information Commissioner and ending on the day on which he or she receives the Information Commissioner’s decision in writing.

(1.3) The head of the institution shall give written notice to the person who made the request for access to a record under this Part of the suspension of the period, and of the reasons for the suspension, at the same time as they communicate with the Information Commissioner to obtain his or her approval to decline to act.

(1.4) If the Information Commissioner refuses to give his or her approval, the head of the institution shall, on receiving the Information Commissioner’s decision in writing, give written notice to the person who made the request for access to a record under this Part of the refusal and of the date on which the running of the period resumes in accordance with subsection (1.2).”.

3. New clause 6.2, page 4: Add the following after line 4:

“6.2 Subsection 9(2) of the Act is replaced by the following:

(2) An extension of a time limit under paragraph (1)(a) or (b) may not be for more than 30 days except with the prior written consent of the Information Commissioner.”.

4. Clause 7, page 4:

(a) Replace lines 5 and 6 with the following:

“7 Section 11 of the Act is replaced by the following:”; and

(b) replace lines 11 to 38 with the following:

“(2) The head of a government institution to which a request for access to a record is made under this Part may waive the requirement to pay a fee or a part of a fee under this section or may refund a fee or a part of a fee paid under this section.”.

5. Clause 13, pages 5 and 6:

(a) On page 5, replace lines 31 to 36 with the following:

“13 (1) Paragraphs 30(1)(b) and (c) of the Act are repealed.”; and

(b) on page 6, replace line 26 with the following:

“Commissioner consulted him or her under subsection 36(1.1) or section”.

6. Clause 14, page 7: Replace lines 6 to 8 with the following:

“Commissioner consults him or her under subsection 36(1.1) or section 36.2.”.

7. Clause 15, page 7: Add the following after line 10:

“(1.1)  For greater certainty, the Information Commissioner may, during the investigation of any complaint under this Part, consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information.”.

8. Clause 16, page 8:

(a) Replace lines 25 and 26 with the following:

“on the fifth business day after the date of the report.

(6) An order under subsection (1) that is in effect may, for the purpose of enforcement, be made an order of the Federal Court by following the usual practice and procedure or by the Information Commissioner filing a certified copy of the order in the Registry of the Court.”; and

(b) replace line 31 with the following:

“the Information Commissioner shall consult the Privacy”.

9. Clause 17, pages 10 and 11:

(a) On page 10, replace lines 4 to 12 with the following:

“recommendations that he or she makes to

(a) the complainant;

(b) the head of the government institution;

(c) any third party that was entitled under paragraph 35(2)(c) to make and that made representations to the Commissioner in respect of the complaint; and

(d) the Privacy Commissioner, if he or she was entitled under paragraph 35(2)(d) to make representations and he or she made representations to the Commissioner in respect of the complaint.

However, no report is to be”; and

(b) on page 11, add the following after line 18:

“(5) For the purposes of this section, the head of the government institution is deemed to have received the report referred to in subsection (2) on the fifth business day after the date of the report.”.

10. Clause 19, page 12: Replace lines 29 and 30 with the following:

“on the fifth business day after the date of the report.”.

11. Clause 22, page 14: Replace lines 26 to 38 with the following:

“22 Section 46 of the Act is replaced by the following:”.

12. New clause 30.2, page 17: Add the following after line 37:

“30.2 Subsection 67.1(1) of the Act is amended by adding the following after paragraph (b):

(b.1) use any code, moniker or contrived word or phrase in a record in place of the name of any person, corporation, entity, third party or organization;”.

13. Clause 34, page 19: Replace lines 5 to 7 with the following:

“11(1);”.

14. Clause 36, page 25:

(a) Replace line 13 with the following:

“the publication may constitute a breach of parliament-”; and

(b) replace lines 30 to 32 with the following:

“Speaker that a publication may constitute a breach of parliamentary privilege or could compromise the security of persons, infrastructure or goods is final for the purposes of this Part, subject to the rules and orders of both Houses of Parliament.”.

15. Clause 37, pages 28, 32, 34 and 37:

(a) On page 28,

(i) replace lines 1 to 8 with the following:

“77 (1) Within 30 days after the end of each of the first three quarters and within 60 days after the end of each fourth quarter, a minister shall cause to be published in electronic form the following information with respect to any contract that is entered into during the quarter in relation to the activities of the minister’s office that result in expenses being incurred by the minister or by any of his or her ministerial advisers or any member of his or her ministerial staff if the value of the contract is more than $10,000:”,

(ii) replace line 21 with the following:

“so that its value exceeds $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the minister shall cause”, and

(iii) replace line 27 with the following:

“that its value is increased or decreased by more than $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the minister shall”;

(b) on page 32, replace line 24 with the following:

“that its value is increased or decreased by more than $10,000, or within 60 days”;

(c)  on page 34,

(i) replace line 31 with the following:

“91 (1) Subject to subsection (1.1), the Information Commissioner shall not exercise”, and

(ii) add the following after line 36:

“(1.1) The Information Commissioner shall review annually the operation of this Part and include comments and recommendations in relation to that review in the report referred to in section 38.”; and

(d) on page 37, add the following after line 29:

“99.1 A committee referred to in section 99 shall undertake a review of this Act within one year after the day on which this section comes into force and every five years after the review is undertaken, and shall submit a report on each review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes the committee would recommend.”.

16. Clause 38, pages 38, 40, 41 and 45 to 47:

(a) On page 38, replace line 21 with the following:

“to 90.24.”;

(b) on page 40,

(i) replace line 33 with the following:

“which any incidental expenditure incurred by any judge of”, and

(ii) replace lines 37 and 38 with the following:

“(a) the total amount of the incidental expenditures reimbursed;

(b) the number of judges to whom a reimbursement was made;”;

(c) on page 41,

(i) replace lines 1 to 3 with the following:

“(c) a detailed description of each class of incidental expenditures reimbursed;

(d) the number of judges who received a reimbursement for each class of incidental expenditures; and

(e) the applicable guidelines.”,

(ii) replace line 5 with the following:

“which any travel or other expenses incurred by any judge of”,

(iii) replace lines 11 to 15 with the  following:

“(a) the total amount of the expenses reimbursed;

(b) the number of judges to whom a reimbursement was made;

(c) a detailed description of each class of expenses reimbursed;

(d) the number of judges who received a reimbursement for each class of expenses; and

(e) the applicable guidelines.”,

(iv) replace line 18 with the following:

“penses incurred by any judge of the Supreme Court are re-”,

(v) replace lines 22 to 26 with the following:

“(a) the total amount of the expenses reimbursed;

(b) the number of judges to whom a reimbursement was made;

(c) a detailed description of each class of expenses reimbursed;

(d) the number of judges who received a reimbursement for each class of expenses; and

(e) the applicable guidelines.”,

(vi) replace line 28 with the following:

“which any travel or other expenses incurred by any judge of”, and

(vii) replace lines 33 to 37 with the following:

“(a) the total amount of the expenses reimbursed;

(b) the number of judges to whom a reimbursement was made;

(c) a detailed description of each class of expenses reimbursed;

(d) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and

(e) the applicable guidelines.”;

(d) on page 45,

(i) replace line 27 with the following:

“which any incidental expenditures incurred by any judge of a particular court is”, and

(ii) replace lines 31 to 35 with the following:

“(a) the name of the court;

(b) the total amount of the incidental expenditures reimbursed for that court;

(c) the number of judges to whom a reimbursement was made;

(d) a detailed description of each class of incidental expenditures reimbursed;

(e) the number of judges who received a reimbursement for each class of incidental expenditures; and

(f) the applicable guidelines.”;

(e) on page 46,

(i) replace line 2 with the following:

“which any travel or other expenses incurred by any judge or”,

(ii) replace lines 7 to 11 with the following:

“(a) the total amount of the expenses reimbursed;

(b) the number of judges to whom a reimbursement was made;

(c) a detailed description of each class of expenses reimbursed;

(d) the number of judges who received a reimbursement for each class of expenses; and

(e) the applicable guidelines.”,

(iii) replace line 14 with the following:

“curred by any judge of a particular court are reimbursed under section 34 of the”,

(iv) replace lines 18 to 22 with the  following:

“(a) the name of the court;

(b) the total amount of the expenses reimbursed for that court;

(c) the number of judges to whom a reimbursement was made;

(d) a detailed description of each class of expenses reimbursed;

(e) the number of judges who received a reimbursement for each class of expenses; and

(f) the applicable guidelines.”,

(v) replace line 24 with the following:

“which any travel or other expenses incurred by any judge of a particular court”, and

(vi) replace lines 29 to 33 with the  following:

“(a) the name of the court;

(b) the total amount of the expenses reimbursed for that court;

(c) the number of judges to whom a reimbursement was made;

(d) a detailed description of each class of expenses reimbursed;

(e) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and

(f) the applicable guidelines.”; and

(f) on page 47,

(i) replace lines 5 to 9 with the following:

“90.22 The Registrar, the Chief Administrator or the Commissioner, as applicable, may, on an exceptional basis, decline to cause to be published information or any part of the information described in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if they determine that the publication, even in the aggregate, could in-”, and

(ii) delete lines 30 to 34.

17. Clause 41, page 49: Replace line 7 with the following:

“(a) paragraphs 5(1)(b) and (d) and subsection 5(3);

(a.1) section 7;”.

18. Clause 48, page 52: Replace lines 10 to 13 with the following:

“missioner under subsection 36(1.1) or section 36.2 of the Access to Information Act.”.

19. Clause 53, page 54: Replace line 3 with the following:

“tion Commissioner under subsection 36(1.1) or section 36.2 of the Access to In-”.

20. Clause 63, page 60: Replace lines 19 to 21 with the following:

“63 Sections 36 and 38 come into force on the first anniversary of”.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

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