Annual Report: 2004-2005

Changes Affecting the Access to Information Act

The Government public Bill C-11 (37th Parliament, 3rd session), entitled An Act to give effect to the Westbank First Nation Self-Government Agreement, received royal assent on May 6, 2004 [Statutes of Canada, 2004, c. 17], and will come into force on April 1, 2005. This bill will 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
a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; or
b) 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-14, entitled An Act to give effect to a land claims 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 amendments to other Acts, received royal assent on February 15, 2004, and will come into force on proclamation, except for sections 107 to 110. This bill will 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
a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; or
b) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act. (section 97)

Section 97 of this bill has yet to come into force. Once it does, section 107 of the bill provides that on the later of the coming into force of section 16 of the Westbank First Nations Self-Government Act (scheduled for April 1, 2005) and section 97 of Bill C-14, subsection 13(3) of the Access to Information Act will be replaced by the following:

Definition of "aboriginal government"
13.(3) The expression "aboriginal government" in paragraph (1)(e) means
a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; or
b) the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act; or
c) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act. (section 107)

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, received royal assent on April 22, 2004 [Statutes of Canada 2004, c. 11], and came into force on May 21, 2004. Section 23 of this bill replaces paragraph 68(c) of the Access to Information Act by the following:

a) 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)

The Government public Bill C-25 (37th Parliament, 2nd Session), 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:

• Subsection 13(3) of the Act by replacing it with the following: 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, received royal assent on April 22, 2004. Section 22, which came into force on May 21, 2004, replaced paragraph 68(c) of the Act with 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.