Annual Report: 2002-2003

Changes affecting the Access to Information Act

Section 202 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) came into force on June 28, 2002. (See Annual Report 2002, p. 107.)

Proposed Changes to the Access to Information Act

The Government public Bill C-25 entitled "An Act to Modernize Employment and Labour Relations in the Public Sector and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts" proposed to amend:

• Subsections 55(4) and 57(4) of the Act by replacing the expression "Public Service of Canada" by "federal public administration", wherever it occurs in the English version. (Section 224)
• Subsection 55(3) of the Act by replacing the expression "Public Service" by the expression "public service" wherever it occurs in the English version, other than in the expressions "Public Service Corporation", "Public Service Employment Act", "Public Service Pension Fund" and "Public Service Superannuation Act". (Section 225)

(2003, Bill C-25, Sections 224-225, introduced, read and printed, 2003.02.06, passed second reading and referred to Committee, 2003.02.20)

The following are proposed amendments to Schedules I and II of the Act.

Schedules I and II

The Government public Bill C-2 entitled "An Act to establish a process for assessing the environmental and socio-economic effects of certain activities in Yukon" proposed to amend Schedule I to the Act by adding in alphabetical order the "Yukon Environmental and Socio-economic Assessment Board" under the heading "Other Government Institutions" and to amend Schedule II by adding, in alphabetical order, a reference to "Yukon Environmental and Socio-economic Assessment Act" and a corresponding reference to "paragraph 121(a)". (2002, Bill C-2, ss. 127-128, passed by the House of Commons, 2003.03.18; passed second reading in the Senate and referred to Committee, 2003.04.03)

The Government public Bill C-6 entitled "An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for filing, negotiation and resolution of specific claims and make related amendments to other Acts" proposed to amend Schedule I to the Act by adding, in alphabetical order "Canadian Centre for the Independent Resolution of First Nations Specific Claims" under the heading "Other Government Institutions" and to amend Schedule II to the Act by adding, in alphabetical order, a reference to Specific Claims Resolution Act and a corresponding reference to "section 38 and subsections 62(2) and 75(2)". (2002, Bill C-6, ss. 78-79, re-introduced 2002.10.09 (Commons); passed by the House of Commons, 2003.03.18; passed second reading in the Senate and referred to Committee, 2003.04.02)

The Government public Bill C-13 entitled "An Act respecting assisted human reproduction" proposed to amend Schedule I by adding the following in alphabetical order "Assisted Human Reproduction Agency of Canada " under the heading "Other Government Institutions" and to amend Schedule II to the Act by adding the following in alphabetical order "Assisted Human Reproduction Act" by adding a corresponding reference to "subsection 18(2)".
(2002, Bill C-13, ss. 72-73, re-introduced 2002.10.09 (Commons) and debated on third reading, 2003.04.10)

The Government public Bill C-17 entitled "An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety" proposed to amend Schedule II to the Act by replacing the reference to "subsection 4.8(1) and 6.5(5)" opposite the reference to the Aeronautics Act with a reference to "subsections 4.79(1) and 6.5(5)".(2002, Bill C-17, s. 107, passed second reading and referred to Committee, 2002.11.20)

The Government public Bill C-23 entitled "An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts" proposed to amend Schedule II to the Act by adding, in alphabetical order, a reference to Sex Offender Information Registration Act and a corresponding reference in respect of that Act to "subsection 16(4)". (2002, Bill C-23, section 22, introduced, read and printed, 2002.12.11 (Commons); passed second reading and referred to Committee, 2003.04.08)

The Government public Bill C-25 entitled "An Act to Modernize Employment and Labour Relations in the Public Sector and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts" proposed to amend:

• Schedule I to the Act by replacing the reference to "Public Service Staff Relations Board" with a reference to "Public Service Labour Relations Board". (Section 88)
• Schedule I to the Act by adding in alphabetical order under the heading "Other Government Institutions": Public Service Staffing Tribunal/Tribunal de la dotation de la fonction publique. (Section 246) (2003, Bill C-25, Sections 88 and 246, introduced, read and printed, 2003.02.06, passed second reading and referred to Committee, 2003.02.20)

The Senate public Bill S-6 entitled "An Act to assist in the prevention of wrongdoing in the Public Service by establishing a framework for education on ethical practices in the workplace, for dealing with allegations of wrongdoing and for protecting whistleblowers" proposed to amend Schedule II to the Act by adding the following in alphabetical order "Public Service Whistleblowing Act section 10, subsection 14(2) and section 20."
(2002, Bill S-6, s. 24, first reading (Senate), 2002.10.03; debated March 25, 2003)

The private member Bill C-302 entitled "An Act to amend the Access to Information Act (crown corporations and Canadian Wheat Board)" proposed to make all crown corporations and the Canadian Wheat Board subject to the Access to Information Act. (2002, Bill C-302, read and printed, 2002.11.18)

New Government Institutions

During the 2002-2003 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 Schedule I of the Act:

Schedule I

An Act to Amend Certain Acts and Instruments and to repeal the Fisheries Support Act (S.C. 2002, c. 17) was proclaimed in force on July 22, 2002 (SI/2002-105).

"Fisheries Prices Support Board" was struck out under the heading "Other Government Institutions.

"Canadian Film Development Corporation" and "the Canadian Film Development Corporation" were replaced by "Telefilm Canada" in every Act of Parliament including Schedule I of the Access to Information Act under the heading "Other Government Institutions". (S.C. 2002, c. 17, s. 14, in force July 22, 2002, SI/2002-105)

"Blue Water Bridge Authority" was added in alphabetical order under the heading "Other Government Institutions". (SOR/2002-174, Canada Gazette, Part II, in force 2002.04.26)

Reference to "Office of Infrastructure and Crown Corporations of Canada" under the heading "Other Government Institutions" is replaced by "Office of Infrastructure of Canada". (SOR/2002-291, Canada Gazette, Part II, in force 2002.08.06)

"Canadian Air Transport Security Authority" was added in alphabetical order under the heading "Other Government Institutions. (SOR/2002-343, Canada Gazette, Part II, in force 2002.09.24)

Amendments to Heads of Government Institutions Designation Order (Not Included in the Previous Annual Reports)

The schedule to the French version of the Access to Information Act Heads of Government Institution Designation Order was amended by adding the following after item 0.1: "1.1 Canadian Air Transport Security Authority / Administration canadienne de la sûreté du transport aérien, Chief Executive Officer / Premier dirigeant" and the schedule to the English version of the Order was amended by adding the following after item 15.02: "15.021 Canadian Air Transport Security Authority / Administration canadienne de la sûreté du transport aérien, Chief Executive Officer /Premier dirigeant ". (SI/2002-130, Canada Gazette, Part II, in force 2002.10.09)

"Canadian Film Development Corporation" and "the Canadian Film Development Corporation" are replaced by "Telefilm Canada" in every regulation including Item 20 of the schedule to the Access to Information Heads of Government Institutions Designation Order, amended by replacing "Canadian Film Development Corporation" in column I with "Telefilm Canada" and that item is renumbered as item 98.01 and repositioned accordingly." (S.C. 2002, c. 17, s. 15, in force July 22, 2002, SI/2002-105)

The Access to Information Act Heads of Government Institutions Designation Order was amended by repealing Item 87 and by adding in numerical order Item 14.01 Canada Lands Company Limited/Société immobilière du Canada limitée, Chief Executive Officer/Premier dirigeant (SI/2003-54, Canada Gazette, Part II, in force 2003.03.27)

The Access to Information Act Heads of Government Institutions Designation Order was amended by adding Item 19.1 Canadian Environmental Assessment Agency/Agence canadienne d'évaluation environmentale, President/Président (SI/2003-56, Canada Gazette, Part II, in force 2003.03.27)

Amendments to Schedule I of the Regulations Amending the ATI Regulations

Schedule I to the Access to Information Act Regulations was amended by adding the following after item 2: "2.01 Canadian Forces National Counter-Intelligence Unit / 2.01 Unité nationale de contre-ingérence des Forces canadiennes". (SOR/2002-341, Canada Gazette, Part II, in force 2002.09.24)