TBS Policies and Directives on Access to information

Question 1

5. What are the objectives of TBS policies and directives ?

Answer 1

• 5.1 To facilitate statutory and regulatory compliance, and to enhance effective application of the ATI Act and its Regulations
• 5.2 To ensure consistency in practices and procedures in administering the Act

Question 2

6.1 Heads of government institutions are responsible to delegate what ?

Answer 2

6. 1.1 & 6.1.2 Delegation under the Access to Information Act
7. 1.1 Deciding whether to delegate any of their powers, duties or functions under the Act
8. 1.2 Signing an order: authorizing employees to exercise the powers of the head, specified in the order

Question 3

6.2 Heads of government institutions or their delegates are responsible for what ?

Answer 3

6. 2.1 Exercising discretion: under the Access to Information Act in a fair, reasonable and impartial manner with respect to decisions made in the processing of requests and the resolution of complaints
7. 2.2 Access to information awareness: Making employees of the government institution aware of the policies, procedures and legal responsibilities under the Act
8. 2.3 Protecting the identity of applicants: Ensuring that requests’ identities are protected and only disclosed when there is a clear need to know
9. 2.4 Duty to assist: Ensuring that every reasonable effort is made to help applicants receive complete, accurate and timely responses in the format requested, in accordance with the Regulations and without regard to the applicant’s identity
10. 2.5 Processing access requests: Establishing effective processes and systems to respond to access requests as well as documenting deliberations and decisions made concerning each request received
11. 2.6 Establishing procedures: to ensure that
12. records are reviewed to determine whether they are subject
13. Determine whether any limited and specific exemptions apply
14. The principle of severability is applied S.25
15. Any consultations necessary
16. 2.7 & 6.2.8 Cabinet Confidences
17. 2.7 Consulting departmental legal counsel: in compliance with established procedures, prior to excluding confidences of the Queen’s Privy Council for Canada.
18. 2.8 Acquiring assurances from legal counsel: that excluded information is a Confidence of the Queen’s Privy Council for Canada. (upon the request of the Information Commissioner)
19. 2.9 Contracts and agreements: Establishing measures to ensure that the government institution meets the requirements of the Access to Information Act when contracting with private sector
20. 2.10 Addressing obstruction of the right of access: Ensuring that appropriate procedures are in place in cases of an alleged obstruction of the right of access under the Access to Information Act. (must align with Public Servants Disclosure Protection Act)

Question 4

6.3 Monitoring and reporting requirements

Answer 4

6.3.1 the heads are responsible for monitoring compliance with this policy within government institutions

Question 5

6.3.2 each government institutions are responsible for:

Answer 5

1. Preparing an annual report for Parliament
2. Updating Info Source
3. Providing TBS with:
   3. 1 A copy of the annual report;
   4. 2 An update Info Source
   5. 3 A statistical report

Question 6

6.3.3 Treasury Board Secretariat is responsible for:

Answer 6

6. 3.3 Treasury Board Secretariat will monitor compliance with all aspects of this policy
7. 3.4 The Treasury Board Secretariat will review the policy, directives, standards, guidelines and ensure an evaluation is conducted.

Question 7

7. Consequences - 7.1 For institutions that do not comply with this policy:

Answer 7

there will be a requirement to provide additional information relating to compliance strategies in their annual report to Parliament will relate specifically to the compliance issues in question.

Question 8

7. Consequences - 7.2 For those government institutions subject to the Management Accountability Framework (MAF)

Answer 8

non-compliance, compliance and exemplary performance will be reported in the assessment prepared as part of the MAF process

Question 9

8. Roles and responsibilities of government organizations - 8.1 Treasury Board Secretariat

Answer 9

responsible for direction and guidance with respect to the administration and interpretation of this policy such as:
1. Publishes an annual index that describes government institutions responsibilities, programs and information holdings;

2. Reviews and publishes updates of Info Source and directive on the administration of the Act, as well as the format and content of reports made to Parliament;
3. Advises all members of the Access to Information and Privacy community of any updates to the policy instruments;
4. Works with the Canada School of Public Service to determine which knowledge elements related to the Policy on Access to Information will be added to training courses, programs and knowledge assessment instruments.

Question 10

8. Roles and responsibilities of government organizations - 8.2 The Clerk of the Privy Council:

Answer 10

is responsible for policies on the administration of cabinet Confidences and determines what information constitutes Cabinet Confidence.

Question 11

8. Roles and responsibilities of government organization 8.3 The Information Commissioner:

Answer 11

is an Officer of Parliament who is assigned the duty of ensuring that rights and obligations set out in the Access to Information Act are respected.

Question 12

8. Roles and responsibilities of government organization 8.4 The Department of Justice:

Answer 12

The Minister of Justice is responsible for:

1. Designating the head of a government institution for the purposes of the Act;
2. Extending the right of access by order;
3. Specifying investigative bodies and classes of investigations
4. Amending Schedule I of the Act.