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ETHI Committee Report

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In accordance with its Order of Reference of Wednesday, September 27, 2017, your Committee has considered Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, and agreed on Wednesday, November 8, 2017, to report it with the following amendments:

Clause 6

That Bill C-58, in Clause 6, be amended by

(a) replacing line 18 on page 3 with the following:

“6.1 (1) With the Information Commissioner’s written approval, the head of a government institution may, be-”

(b) deleting lines 22 and 23 on page 3;

(c) replacing line 24 on page 3 with the following:

“(b) the person has already been given access to an identical”

(d) replacing line 36 on page 3 to line 7 on page 4 with the following:

“on the person’s request, they shall give the person written notice of their decision to decline to act on the request and their reasons for doing so.”

That Bill C-58, in Clause 6, be amended by replacing line 25 on page 3 with the following:

“record or the record may reasonably be accessed by other means;”

That Bill C-58, in Clause 6, be amended by adding after line 34 on page 3 the following:

“(1.1) The head of a government institution is not authorized under paragraph (1)(b) to decline to act on a person’s request for a record for the sole reason that the information contained in it has been published under Part 2.”

New Clause 11.1

That Bill C-58 be amended by adding after line 19 on page 5 the following new clause:

“11.‍1 Section 26 of the Act is replaced by the following:

26 The head of a government institution may refuse to disclose any record requested under this Part or any part of a record if the head of the institution believes on reasonable grounds that the material in the record or in part of the record will be published by a government institution, agent of the Government of Canada or minister of the Crown — other than under Part 2 — within 90 days after the request is made or within any further period of time that may be necessary for printing or translating the material for the purpose of printing it.‍”

Clause 13

That Bill C-58, in Clause 13, be amended by deleting lines 23 to 25 on page 5.

Clause 17

That Bill C-58, in Clause 17, be amended by adding after line 24 on page 10 the following:

“(3.‍1) The Information Commissioner may publish the report referred to in subsection (2).

(3.‍2) However, the Information Commissioner is not to publish the report until the expiry of the periods to apply to the Court for a review of a matter that are referred to in section 41.”

New Clause 30.1

That Bill C-58 be amended by adding after line 9 on page 17 the following new clause:

“30.‍1 The portion of section 64 of the Act before paragraph (a) is replaced by the following:

64 In carrying out an investigation under this Act and in any report published under subsection 37(3.‍1) or made to Parliament under section 38 or 39, the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner shall take every reasonable precaution to avoid the disclosure of, and shall not disclose,”

Clause 31

That Bill C-58, in Clause 31, be amended by

(a) replacing line 11 on page 17 with the following:

“paragraph (b) is replaced by the following :”

(b) adding after line 12 on page 17 the following:

“(a) published material, other than material published under Part 2, or material available for purchase by the public;”

Clause 37

That Bill C-58, in Clause 37, be amended by replacing line 17 on page 25 with the following:

“she establishes the mandate of any other minister within 30 days after the issuance of the letter or revised letter.‍”

That Bill C-58, in Clause 37, be amended by replacing, in the English version, lines 19 to 25 on page 28 with the following:

“(2) A minister shall not cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 74 to 78 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, a head of a government institution”

That Bill C-58, in Clause 37, be amended by

(a) replacing lines 21 to 24 on page 31 with the following:

“contract that has been entered into in relation to the activities of a government entity and that has a value of $10,000 or less is amended 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 head of the government entity shall”

(b)  replacing line 30 on page 31 with the following:

“that its value is increased or decreased, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the head of the”

That Bill C-58, in Clause 37, be amended by replacing line 37 on page 33 to line 4 on page 34 with the following:

“91 (1) The Information Commissioner shall not exercise any powers or perform any duties or functions in relation to the proactive publication of information under this Part, including receiving and investigating complaints or exercising any other powers, duties or functions under Part 1.

(2) Nothing in subsection (1) shall be construed as preventing the Information Commissioner from exercising his or her powers or performing his or her duties and functions under Part 1 with respect to a record that, although subject to Part 2, is subject to a request for access under Part 1.”

Clause 41

That Bill C-58, in Clause 41, be amended by deleting line 26 on page 48.

New Clause 47.1

That Bill C-58 be amended by adding after line 24 on page 50 the following new clause:

“47.‍1 The Act is amended by adding the following after section 3.‍01:

3.‍02 Paragraph (j.‍1) of the definition personal information in section 3 applies only to records created on or after the day on which that paragraph comes into force.‍”

Your Committee has ordered a reprint of Bill C-58, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 71 to 77) is tabled.