Bill C-58 (Historical)

An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

This enactment amends the Access to Information Act to, among other things,
(a) authorize the head of a government institution, with the approval of the Information Commissioner, to decline to act on a request for access to a record for various reasons;
(b) authorize the Information Commissioner to refuse to investigate or cease to investigate a complaint that is, in the Commissioner’s opinion, trivial, frivolous or vexatious or made in bad faith;
(c) clarify the powers of the Information Commissioner and the Privacy Commissioner to examine documents containing information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege in the course of their investigations and clarify that the disclosure by the head of a government institution to either of those Commissioners of such documents does not constitute a waiver of those privileges or that professional secrecy;
(d) authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requesting or obtaining records and to publish any reports that he or she makes, including those that contain any orders he or she makes, and give parties the right to apply to the Federal Court for a review of the matter;
(e) create a new Part providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices, government institutions and institutions that support superior courts;
(f) require the designated Minister to undertake a review of the Act within one year after the day on which this enactment receives royal assent and every five years afterward;
(g) authorize government institutions to provide to other government institutions services related to requests for access to records; and
(h) expand the Governor in Council’s power to amend Schedule I to the Act and to retroactively validate amendments to that schedule.
It amends the Privacy Act to, among other things,
(a) create a new exception to the definition of “personal information” with respect to certain information regarding an individual who is a ministerial adviser or a member of a ministerial staff;
(b) authorize government institutions to provide to other government institutions services related to requests for personal information; and
(c) expand the Governor in Council’s power to amend the schedule to the Act and to retroactively validate amendments to that schedule.
It also makes consequential amendments to the Canada Evidence Act and the Personal Information Protection and Electronic Documents Act.

Access to Information Act

[Peter Schiefke, Liberal, Parliamentary Secretary to the Prime Minister (Youth)]

Mr. Speaker, I am pleased to rise on behalf of the government to speak to our efforts to strengthen our access to information regime.

Our government recognizes the importance of a solid framework for access to information. We promised to provide a modern access to information regime because we are determined to preserve and strengthen the democratic principles of openness and transparency. We recognize that Canadians cannot meaningfully participate in democracy without having the information they need. In fact, we believe that the information that Canadians have paid for belongs to them. They absolutely have the right to have access to it.

Bill C-58, a detailed set of amendments to the Access to Information Act, was designed to give Canadians the openness and accountability they expect. Furthermore, it will enhance transparency, foster greater public participation in governance, and support the Government of Canada's commitment to evidence-based decision-making.

Canada's access to information legislation has not changed a great deal since 1983, but our world has changed a great deal since then. The proliferation of personal technology like smart phones has transformed many aspects of our lives. We recognize that technology in all its forms is changing how citizens interact with their government in powerful ways. This change is happening around the world and and certainly here in Canada.

Technology is empowering citizens to act on their expectations that a government be honest, open, and sincere in its efforts to serve the public interest. Canadians are demanding greater openness from their government. They are calling for greater participation in the government's decision-making process. They are seeking to make their government more transparent, more accountable, and more responsive to its citizens. That is why, in 2016, the President of the Treasury Board issued the interim directive on the administration of the Access to Information Act. Under this directive, federal employees are required to waive all access to information fees, apart from the $5 application fee.

Wherever possible, they are also required to provide the information to requesters in formats that are modern and easy to use. This directive enshrines the principle of openness by default. Make no mistake, this is a crucial measure. Being open by default means optimizing the release of government data and information. The interim directive sends a clear message to all federal institutions. Citizens should not have to explain why they need information in the government's possession. On the contrary, our government said that it intends to publish as much information as possible, subject to certain necessary restrictions that we can all understand, such as protection of personal information, confidentiality, and national security.

Here are some examples of information that will be proactively disclosed: travel and hospitality expenses for ministers and their staff, as well as senior officials across government; contracts over $10,000 and all contracts for MPs and senators; grants and contributions over $25,000; mandate letters and revised mandate letters; briefing packages for new ministers and deputy ministers; lists of briefing notes for the minister or deputy minister, including the titles of these notes and their tracking numbers; and, of course, the briefing binders used for question period.

This is fundamental not only to the ability to participate in the democratic process, but also to hold the government to account. Today, with Bill C-58, we are going further. The legislation proposes to entrench in law for current and future governments an obligation to proactively publish a broad range of information to a predictable schedule and without the need for an access to information request.

One way to ensure the continued strength of the access to information regime is to undertake a review of the Access to Information Act every five years, another important feature in Bill C-58. Legislative reviews provide an important opportunity for stakeholders to have their say on access rights, and help us ensure that the regime continues to meet their needs.

In conclusion, open and transparent government is the way forward. Canadians have waited a long time to have their access to information regime modernized to meet their needs in the digital age. I encourage my hon. colleagues to support Bill C-58, thereby giving Canadians the kind of access to information regime they expect.

[Brigitte Sansoucy, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, our colleague from Vaudreuil—Soulanges shared some fine principles with us.

However, I would like him to explain how these fine principles will be put into action, because I am having difficulty understanding that. Most of the 32 recommendations made by the ethics committee following its study on access to information were disregarded, as were the 85 recommendations made by the Information Commissioner, who does not have enough resources to do her job. There is no way these words can be put into action when the government is confusing proactive disclosure with true access to information.

The government has told us what information will be shared, but the problem lies with the information that will not be shared. We do not know what will constitute a frivolous request. Why would a citizen be accused of being frivolous? How can a citizen be accused of requesting something too general? How will the government determine if a citizen's request is inadmissible?

It is not clear at all. I would like the member to provide some clarification on this.

[Peter Schiefke, Liberal, Vaudreuil—Soulanges, QC]

Mr. Speaker, I thank my hon. colleague for her question.

This is not just talk. In the speech I just gave, I mentioned some practical measures that will be taken to ensure that our government becomes increasingly transparent and accessible. We have been waiting for real changes like the ones set out in Bill C-58 since 1983, and I am proud to be part of a government that keeps its promises, a government that is more transparent and more accessible to people across the country.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, when it comes to access to information, Canadians want to understand what the government is doing. When they have a question, they want a real answer. We have heard a lot of testimony over these last few days about requests taking months under the current system. When I have made requests, the answers I have received have been absolutely bland and have contained no information at all.

The Prime Minister promised that he would fix this and that it would include the PMO. Clearly, that promise has been broken. Could the member speak to how the government can get to a place where the answers to the questions contain real data and real answers?

[Peter Schiefke, Liberal, Vaudreuil—Soulanges, QC]

Mr. Speaker, that is a sincere question, and I very much appreciate all of the member's questions.

She is 100% right that the system is broken. The system is not working the way it should. I am confident in the steps we are taking right now to make the system work better, not only for members of the House but for all Canadians. Concrete measures are included in Bill C-58 that would ensure Canadians have greater access to their government and that future governments, not just the current government, are more transparent.

What is also great is that in five years, which is a component of the bill, we will see how things are going, if the changes we have put in place are having a positive impact, and if there are other ways we could perhaps make the system even better. It will be revised in five years. Hopefully we will all be here at that time to look at what has been done and see how we can make it even better. One of the positive aspects of Bill C-58 is that it would give us the capacity to do that in five years.

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, members of the opposition appear to want everything that every expert and academic has suggested for our access to information regime to be in this one bill, which, for the first time in 34 years, addresses the shortcomings. Does the member view the other approach, which is a step-by-step approach our government is taking, as a better way forward?

[Peter Schiefke, Liberal, Vaudreuil—Soulanges, QC]

Mr. Speaker, we have taken the appropriate steps. The methodology we have used to come to a conclusion on the proposal in Bill C-58 is the best way to move forward on this. We did it in a transparent way. We were able to talk to Canadians about this. I had discussions in my own riding about the best path forward.

This is something all Canadians can get behind. It is easy to understand. I think Canadians understand that this would allow them to have more efficient, transparent, and easily accessible contact with their government so they can better understand the actions we take as their government.

I look at this bill as one that will positively impact not just the current government but future generations of governments to come. As well, it will positively impact Canadians. They will now have a better, more transparent, and more accessible government.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Mr. Speaker, I am pleased to participate in today's debate on Bill C-58.

The bill amends the 1983 Access to Information Act. Amendments to the act will affect organizations that share information with federal government institutions and people who want to access that information. It comes as no surprise that this Access to Information Act reform does not fulfill the Liberals' election promise to apply the act to ministers' offices and the PMO. That is the time-honoured Liberal way of doing things.

What is new here is that the government is implementing a proactive information disclosure regime. Under the new Access to Information Act, ministers' offices and the PMO will have to proactively publish several types of information.

Ethics and transparency matter to me, so I strongly condemn the fact that the Prime Minister is breaking yet another election promise. In fact, I find it offensive.

The Liberal government calls itself open and transparent, but it has once again missed an opportunity to prove it. It has failed to deliver the amendments it promised with respect to access to information from ministers' offices and the PMO.

Under our very eyes, the Liberals are being dishonest with Canadians and are once more seeking to make their decisions behind closed doors in order to make their friends rich and to hold on to power. This also reminds me of the marijuana legislation scandal last November when it was seriously suspected that the marijuana task force report was leaked before it was tabled. As if by chance, this benefited a company operated by the person responsible for the Liberal Party's finances. Oh, yes, that person is the co-founder of a company that produces marijuana and that saw its shares double in a week, even though the final report had not yet been released. We saw that the Minister of Justice was not too co-operative and did not want to face those facts.

Despite all their fine promises during the election campaign, the Liberals have failed to increase the government's openness and transparency. It is no exaggeration for me to add that, since the Liberals took office, even the Conflict of Interest and Ethics Commissioner has had a hard time overseeing and enforcing the guidelines in the document entitled ”Open and Accountable Government”, which, let us recall, comes from the Prime Minister himself.

This government is known for not walking the talk because it unscrupulously chooses what information to publish and when not to be accountable to Canadians. Once again, it is scandalous to see that only its cronies get preferential treatment.

How can the actions of such a government be described? It is easy, in fact. It is called the art of giving itself the power to refuse to respond to access to information requests when the government considers them embarrassing or shameful.

There is something to be ashamed of when one thinks of the scandal of the Prime Minister and his family vacationing down south at the Aga Khan's home at the expense of taxpayers. We received the information in dribs and drabs and waited more than eight months before finding out how much that luxury of the Prime Minister really cost us.

It is absolutely appalling that the changes proposed by the Liberals will ensure that even less information will be available to Canadians, and that they are obviously doing nothing to address the already unacceptable delays.

Monitoring this government is becoming virtually a full-time job because ethics is a value that it undeniably lacks.

I think the Liberals like to test limits. Not only did they give themselves the power to sidestep their duty to be transparent for Canadians, we know that they like to walk a fine line between conflict of interest and the appearance of conflict of interest, which is unacceptable for our Canadian democracy.

Last December, I had to raise this issue in an adjournment debate seeking to ensure that no preferential access or appearance of preferential access would be granted to individuals or organizations that have contributed to the Liberal Party at the many events where a parade of cabinet ministers have all the time in the world for their special friends who pay for preferential access.

I would like to remind members of the injustice, unethical behaviour, and lack of transparency.

It all began with the relocation costs of two employees and friends who work in the Prime Minister's Office. Their move cost Canadian taxpayers $200,000. Then we happened to get wind of a number of cocktail parties that cost $1,500 to get into, but guests could eat canapés, drink some good wine, and while they were at it, as I just mentioned, have privileged access to ministers and friends of the party in order to talk secretly about matters and issues that have to do with the portfolios of those ministers.

We also learned about the donation from a wealthy Chinese businessman, which made Canada a place where not only are ministers for sale or rent, but so is the Prime Minister. In exchange for a huge donation, he just might be able to get a foothold in our Canadian economy in any way he chooses.

Then there is the scandal involving the Minister of Justice, who turned blue in the face denying leaks from the task force on marijuana. Not only is the Liberal government and its Prime Minister irresponsible, but they are undermining our democracy in every sense of the word.

Once more, the Prime Minister thinks he is above the law and the obligation to be transparent. In our view, the Liberals are being dishonest with Canadians and are again trying to make decisions behind closed doors to make their friends rich and hold on to power.

We see that they have always favoured those who have the means to pay for the luxury of special treatment in true Liberal style.

Since the Liberals are unlikely to vote to put an end to this ethics and transparency scandal and to have the Prime Minister and the ministers take their duties seriously and with transparency, I would like to know what the government plans to do to put an end to this old Liberal practice.

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, I must say, that was a rather surprising speech. The Conservative MP started by criticizing Bill C-58 in its entirety. He then talked about a number of other things that have nothing to do with today's topic. For the first time, the Access to Information Act will be extended to include the Prime Minister's and ministers' offices. This bill gives the Information Commissioner the power to order government information to be released for the first time. We are making substantive amendments that will have the combined effect of reducing delays. There are a number of initiatives in addition to the powers of the Information Commissioner.

Does the member not feel that granting powers to the Information Commissioner is an improvement to our current access to information regime?

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Mr. Speaker, I thank my colleague for her question.

The first thing that the government could do in order to provide all Canadians with better access to information would be to simply answer questions in question period. It could also give us actual figures when we ask, and actual details of what it is doing.

We are forced to make access to information requests to find out what this government has really been doing, even after asking questions. In some cases, we had to wait eight months for a reply to questions we asked in the House about amounts that even the Prime Minister and other ministers did not want to provide.

Why not simply provide the information directly to the House in question period?

[Pierre Nantel, NDP, Longueuil—Saint-Hubert, QC]

Mr. Speaker, I have a question for my colleague. I heard the parliamentary secretary say, in so many words, that there is nothing to get worked up about. That is like someone wanting to sell us their house but refusing to allow an inspection and telling us there is nothing to get worked up about since we were given a tour of the bedroom. We want to see the entire house and get an inspection.

That said, I cannot help but roll my eyes when I hear the hon. member saying how dreadful this is and demanding access to all of the information.

Will my colleague at least recognize that the reason Canadians want more information on what is happening in the government stems from the fact that for 10 years they got almost nothing from the Conservatives when they were in government?

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Mr. Speaker, I disagree with my colleague opposite, who has been sitting with me in the House for a few years now.

We answered questions from opposition members in the House and also talked to them outside of the House and provided them with the information they asked us for.

Here we have a culture where the government shows no sign of being transparent, and that culture undermines Canadians' trust in the government. We will certainly solve that problem in 2019.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, here we have proposed legislation that would make the first significant improvements in well over three decades. Stephen Harper, throughout his duration as prime minister, chose to ignore such legislation. Today, we have substantial changes.

Will the member across the way at least acknowledge that this is a significant step that no one can deny? Would he support the legislation's going to committee?

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Mr. Speaker, I would have preferred it if my colleague had talked about frivolous requests.

Who is going to determine whether a request for access to information from a Canadian citizen deserves to be processed or not? It is such a broad term that I think no Canadian will get the answer he or she deserves.

[Kim Rudd, Liberal, Parliamentary Secretary to the Minister of Natural Resources]

Mr. Speaker, I am pleased to speak on behalf of the government about our efforts to strengthen our access to information system.

This government recognizes the importance of a robust access to information framework. We promised to deliver a modern and responsible access to information regime, because we are committed to upholding and strengthening the democratic principles of openness and transparency.

We recognize that Canadians cannot meaningfully participate in a democracy without having the information they need. Indeed, we believe that information Canadians paid for belongs to Canadians. They have every right to access it.

Bill C-58, a comprehensive set of amendments to the Access to Information Act, is designed to provide the openness and accountability Canadians expect. It would also bring greater transparency, open the doors for greater public participation in governance, and support the Government of Canada's commitment to evidence-based decision-making.

Canada's access to information legislation has not really changed much since 1983, but our world has changed very much since then. The proliferation of personal technology, such as smart phones, has transformed so many aspects of our lives. We recognize that technology in all forms is altering how citizens interact with their government in powerful ways. This change is happening around the world and right here at home. Technology is empowering citizens to act on their expectations that a government be honest, open, and sincere in its efforts to serve the public interest.

Canadians are demanding greater openness in government. They are calling for greater participation in government decision-making, and they are seeking to make their government more transparent, responsive, and accountable. That is why, in April 2016, the President of the Treasury Board issued an interim directive on the administration of the Access to Information Act. This directive requires federal officials to waive all access to information fees, apart from the $5 application fee. It also requires them to provide to requesters, wherever feasible, information in modern and easy-to-use formats, and it enshrines the principle of open by default. This is an important measure.

Being open by default means maximizing the release of government data and information. As such, the interim directive sends a strong message across federal institutions. It says that government information belongs to the people it serves and therefore should be open by default.

Citizens should not have to make the case for why they deserve information from the government. Instead, our government has said that it will make as much information as it can available, subject to necessary limitations, for reasons we all can understand, such as privacy, confidentiality, and national security. This is fundamental not only to the ability to participate in the democratic process but to hold the government to account.

Today, with Bill C-58, we are going further. The legislation proposes to entrench in law, for current and future governments, an obligation to proactively publish a broad range of information on a predictable schedule and without the need for an access to information request. The amendments would create a new part of the act on proactive publication, taking advantage of digital technologies and building on current best practices. This new part of the act would establish consistent requirements for the proactive release of key information across government.

Let me list a few examples: travel and hospitality expenses for ministers and their staff as well as for senior officials across government; contracts over $10,000, and all contracts for MPs and senators; grants and contributions over $25,000; mandate letters and revised mandate letters; briefing packages for new ministers and deputy ministers; lists of briefing notes for ministers and deputy ministers, including the titles of these notes and their tracking numbers; and the briefing binders used for question period and parliamentary committee appearances. This would allow our citizens a greater understanding of government and demonstrate effective stewardship of public funds.

We are doing this because we know that Canadians want us to pull back the curtain on how government spends and the factors that influence the decisions that affect their lives. Canadians expect to know how and why decisions are made on their behalf.

That is not all the bill would do. No access to information regime is complete without powerful and meaningful oversight. We promised Canadians that we would empower the Information Commissioner to order government information to be released. Bill C-58 would do just that. This bill would change the commissioner's role from that of an ombudsperson to an authority with the legislated ability to order government institutions to release records.

We also recognize that this reform cannot be a one-off initiative. We have been witness to many changes in society since the access to information program was established back in 1983. We need to find ways to ensure that the system continues to grow and change alongside us. We cannot allow our access to information practices to become stagnant. A vibrant and evolving access to information regime will support a strong, open, and transparent democracy.

One way to ensure the continued strength of the access to information regime would be to undertake a review of the Access to Information Act every five years, another important feature in Bill C-58. Legislative reviews would provide an important opportunity for stakeholders to have their say on access rights and would help us ensure that the regime continued to meet their needs.

Let there be no doubt. Open and transparent government is the way forward. If citizens understand why their government takes a particular course of action, if they have been engaged from the beginning, if they have access to the same information government has, they will have more confidence and trust in the outcomes.

Canadians have waited a long time to have their access to information regime modernized to meet their needs in the digital age. I encourage my hon. colleagues to support Bill C-58, thereby giving Canadians the kind of access to information regime they expect and deserve.