Annual Report: 2003-2004

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, received royal assent on November 10, 2003, and will come into force on proclamation. This bill will 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)
  

The Government public Bill C-8, entitled An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence, passed Third Reading on March 29, 2004. Upon its coming into force, this bill will replace paragraph 68(c) of the Access to Information Act 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 or the National Museum of Science and Technology by or on behalf of persons or organizations other than government institutions. (Section 23) (2004, Bill C-8, Section 23, re-introduced in the House of Commons on February 11, 2004, read and referred to Committee in the Senate on February 18, 2004)

The Government public Bill C-11, entitled An Act to give effect to the Westbank First Nation Self-Government Agreement, proposes to replace subsection 13(3) of the Access to Information Act by the following: Definition of "aboriginal government":

• 13(3) The expression "aboriginal government" in paragraph (1)(e) means:

1. Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; or
2. the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act. (Section 16)

The Government public Bill C-31, entitled An Act to give effect to a land claims and self-government agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, to make related amendments to the Mackenzie Valley Resource Management Act and to make consequential amendments to other Acts, proposes to replace subsection 13(3) of the Access to Information Act by the following: Definition of "aboriginal government":

• 13 (3) The expression "aboriginal government" in paragraph (1)(e) means:

1. Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; or
2. the Tlicho government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act. (Section 98)
   (2004, Bill C-31, Section 98; received first reading March 31, 2004)
   

Bill C-462, a private member’s bill, entitled An Act to amend the Access to Information Act and to make amendments to other Acts, affects the Act as a whole. For details see full text of Bill.

All three Bills died on the Order Paper at prorogation on May 23, 2004.

Sections 127 and 128 of the Yukon Environmental and Socio-economic Assessment Act (S.C. 2003, c. 7) came into force on May 13, 2003. (See Annual Report 2003

p. 115) Schedule I to the Act was amended by adding the following in alphabetical order under the heading "Other Government Institutions": Canadian Firearms Centre. (Canada Gazette Part II, SOR/2003-148, in force April 14, 2003)

Schedule I to the Act was amended by adding the following in alphabetical order under the heading "Other Government Institutions": Department of Human Resources and Skills Development. (Canada Gazette Part II, SOR/2003-423, in force December 12, 2003)

Schedule I to the Act was amended by adding the following in alphabetical order under the heading "Other Government Institutions": Department of International Trade. (Canada Gazette Part II, SOR/2003-428, in force December 12, 2003)

Schedule I to the Act was amended by adding the following in alphabetical order under the heading "Other Government Institutions": Canada Border Services Agency. (Canada Gazette Part II, SOR/2003-435, in force December 12, 2003)

Schedule I to the Act was amended by adding the following in alphabetical order under the heading "Other Government Institutions": Public Service Human Resources Management Agency of Canada. (Canada Gazette Part II, SOR/2003-440, in force December 12, 2003)

Schedule I to the Act was amended by striking out the following under the heading "Other Government Institutions": Communication Canada. (Canada Gazette Part II, SOR/2004-24, in force April 1, 2004)

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 to make related amendments to other Acts (Specific Claims Resolution Act), received royal assent on November 7, 2003, and will be in force upon proclamation. Upon its coming into force, section 78 of this bill will amend Schedule I to the Act by adding the "Canadian Centre for the Independent Resolution of First Nations Specific Claims" under the heading "Other Government Institutions". Section 79 will amend Schedule II by adding a reference to the "Specific Claims Resolution Act" and a corresponding reference to sections 38 and subsections 62(2) and 75(2) of that 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, received royal assent on November 10, 2003. Section 246 came into force on November 20, 2003 (Canada Gazette, Part II, SI/2003-178). This section amends Schedule I to the Act by adding, in alphabetical order, "Public Service Staffing Tribunal" under the heading "Other Government Institutions". Sections 88, 251 and 252 will come into force upon proclamation. These provisions will 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 striking out the "Canadian Centre for Management Development" under the heading "Other Government Institutions". (Section 251)
• Schedule I to the Act by adding the "Canada School of Public Service" in alphabetical order under the heading "Other Government Institutions". (Section 252)

The Government public Bill C-6, entitled An Act respecting assisted human reproduction and related research, received royal assent on March 29, 2004. Upon its coming into force, this bill will amend Schedule I by adding in alphabetical order "Assisted Human Reproduction Agency of Canada " under the heading "Other Government Institutions". It will further amend Schedule II by adding "Assisted Human Reproduction Act" and a corresponding reference to subsection 18(2) of that Act.

The Government public Bill C-4, entitled An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence, received royal assent on March 31, 2004, and will come into force upon proclamation. Upon proclamation, section 5 of this bill will amend Schedule I to the Act by striking out "Ethics Counsellor" under the heading "Other Government Institutions".

The Government public Bill C-16, 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, received royal assent on April 1, 2004, and will come into force upon proclamation. Upon its coming into force, this bill will amend Schedule II to the Act by adding, in alphabetical order, a reference to the Sex Offender Information Registration Act and a corresponding reference to subsections 9(3) and 16(4) of that Act.

During the 2003-2004 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 Schedules I and II of the Act.

The Government public Bill C-7, 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, proposes to amend Schedule II to the Act by replacing the reference to "subsections 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)". (2004, Bill C-7, s. 107, re-introduced in the House of Commons February 11, 2004, received First Reading in the Senate February 11, 2004, debated in the Senate in February and March; referred to Committee March 11, 2004; reported without amendment April 1, 2004)

The Government public Bill C-8, entitled An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence, proposes to amend Schedule I to the Act by striking out the following the "National Archives of Canada" and the "National Library" under the heading "Other Government Institutions". It also proposes to amend Schedule II by adding "Library and Archives of Canada" in alphabetical order under the heading "Other Government Institutions".
(2004, Bill C-8, sections 24 and 25, re-introduced in the House of Commons  on February 11, 2004, read and referred to Committee in the Senate on February 18, 2004)

The Government public Bill C-23, entitled An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts,
proposes to amend Schedule I to the Act by adding the following under the heading "Other Government Institutions": First Nations Financial Management Board; First Nations Statistical Institute; and First Nations Tax Commission. It further proposes to amend Schedule II to the Act by adding a reference to the "First Nations Fiscal and Statistical Management Act" and a corresponding reference to section 106 of that Act.
(2004, Bill C-23, introduced and read March 10, 2004; deemed read, referred to
Committee (Aboriginal Affairs, Northern Development and Natural Resources)
and reported on March 10, 2004)

The Government public Bill C-25, entitled An Act to establish a procedure for the disclosure of wrongdoings in the public sector, including the protection of persons who disclose the wrongdoings, proposes to amend Schedule I to the Act by adding the following under the heading "Other Government Institutions": Public Sector Integrity Commissioner.
(2004, Bill C-25, section 48; received first reading March 22, 2004)

The Private Members’ Bill C-302, entitled An Act to amend the Access to Information Act (crown corporations and Canadian Wheat Board), proposes to make all crown corporations and the Canadian Wheat Board subject to the Access to Information Act.

This bill, which was initially introduced, read and printed November 18, 2002, has been retained in the 3^rd session of the 37^th Parliament pursuant to Provisional Standing Order 86.1 of February 2, 2004.

The Private Members’ Bill C-462, entitled An Act to amend the Access to Information Act and to make amendments to other Acts, proposes to amend Schedules I and II of the Act. Section 27 of Bill C-462 proposes to amend Schedule I of the Act by adding the following in alphabetical order under the heading "Other Government Institutions": Atomic Energy of Canada Limited; Canada Post Corporation; Canadian Broadcasting Corporation; Canadian Wheat Board; Export Development Canada; National Arts Centre Corporation; Office of the Auditor General of Canada; Office of the Chief Electoral Officer; Office of the Commissioner of Official Languages; Office of the Information Commissioner; and Office of the Privacy Commissioner. Section 28 of Bill C-462 repeals Schedule II of the Act. (2004, Bill C-462, re-introduced and read on February 2, 2004, debated at Second Reading on February 24, 2004)

The Private Members’ Bill C-507, entitled An Act to establish and maintain a national breast implant registry, proposes to amend Schedule I to the Act by adding the following under the heading "Other Government Institutions": The Registrar, The Breast Implant Registry Act. It further proposes to amend Schedule II to the Act by adding a reference to the Breast Implant Registry Act and a corresponding reference to section 11 of that Act. (2004, C-507, sections 19 and 20; received First Reading March 29, 2004)

The Schedule to the Access to Information Act Heads of Government Institutions Designation Order was amended by adding in numerical order, under Column I, "20. Canadian Firearms Centre" and, under Column II, "Chief Executive Officer". (SI/2003-98, in force April 14, 2003)

The Schedule to the Access to Information Act Heads of Government Institutions Designation Order was amended by replacing the portion of item 20 appearing under Column II by the following: "Commissioner of Firearms". (SI/2003-116, in force May 30, 2003) The Schedule to the Access to Information Act Heads of Government Institutions Designation Order was amended by adding in numerical order, under Column I, "34.1 Department of Human Resources and Skills Development" and under Column II, "Minister of Human Resources and Skills Development". (Canada Gazette Part II, SI/2003-207, in force December 12, 2003)

The Schedule to the Access to Information Act Heads of Government Institutions Designation Order was amended by adding in numerical order, under Column I, "34.2 Department of International Trade" and under Column II, "Minister for International Trade". (Canada Gazette Part II, SI/2003-213, in force December 12, 2003)

The Schedule to the Access to Information Act Heads of Government Institutions Designation Order was amended by adding in numerical order, under Column I, "10.1 Canada Border Services Agency" and, under Column II, "Solicitor General of Canada to be styled Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness". (Canada Gazette Part II, SI/2003-220, in force December 12, 2003)

The Schedule to the Access to Information Act Heads of Government Institutions Designation Order was amended by adding in numerical order, under Column I, "85.1 Public Service Human Resources Management Agency of Canada" and, under Column II, "President of the Queen’s Privy Council for Canada". (Canada Gazette Part II, SI/2003-225, in force December 12, 2003)

Section 144 of Bill C-19, entitled An Act to provide for real property taxation powers of first nations, to create a First Nations Taxation Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts, proposed to amend Schedule I of the Act by adding "First Nations Financial Management Board", "First Nation Statistical Institute" and "First Nation Tax Commission" under the heading "Other Government Institutions". Section 145 proposed to amend Schedule II by adding, in alphabetical order, a reference to the First Nations Fiscal and Statistical Management Act and a corresponding reference to section 106 of that Act. This Bill has died on the Order Paper on November 12, 2003, and has not been re-introduced since.

Section 24 of 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(4) and section 20." This bill has died on the Order Paper November 12, 2003, and has not been re-introduced since.