Order Amending Schedule I to the Access to Information Act (Miscellaneous Program): SOR/2024-184
Canada Gazette, Part II, Volume 158, Number 21
Registration
SOR/2024-184 September 20, 2024
ACCESS TO INFORMATION ACT
P.C. 2024-1024 September 20, 2024
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, makes the annexed Order Amending Schedule I to the Access to Information Act (Miscellaneous Program) under paragraphs 101(2)(a)footnote a and (c)footnote a of the Access to Information Act footnote b.
Order Amending Schedule I to the Access to Information Act (Miscellaneous Program)
Amendments
1 (1) Schedule I to the Access to Information Act footnote b is amended by deleting the following under the heading “Other Government Institutions”:
- Canadian Advisory Council on the Status of Women
Conseil consultatif canadien de la situation de la femme - Canadian Government Specifications Board
Office des normes du gouvernement canadien - Federal-Provincial Relations Office
Secrétariat des relations fédérales-provinciales - Hamilton Port Authority
Administration portuaire de Hamilton - Indian Residential Schools Truth and Reconciliation Commission
Commission de vérité et de réconciliation relative aux pensionnats indiens - Office of Privatization and Regulatory Affairs
Bureau de privatisation et des affaires réglementaires - Office of the Comptroller General
Bureau du contrôleur général - Oshawa Port Authority
Administration portuaire d’Oshawa - Petroleum Compensation Board
Office des indemnisations pétrolières - Prairie Farm Rehabilitation Administration
Administration du rétablissement agricole des Prairies
(2) Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
- Hamilton-Oshawa Port Authority
Administration portuaire Hamilton-Oshawa
Coming into Force
2 This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the orders.)
Issues
Schedule I to the Access to Information Act (ATIA) and the schedule to the Privacy Act (PA) list the departments and ministries of state of the Government of Canada, and bodies or offices (other than Crown corporations and their wholly owned subsidiaries) that are subject to the ATIA and PA. A review of the lists in these two schedules by Justice Canada officials has led to the identification of a number of government institutions that no longer exist or that have become a part of other listed government institutions. Two listed government institutions were also identified as having merged to form a new entity.
The Privacy Act Extension Order No. 1 extends the right of access to personal information under the PA to inmates within the meaning of Part I of the Corrections and Conditional Release Act who are not Canadian citizens or permanent residents. The need for minor technical amendments to this regulation has been identified by Justice Canada officials through their review of the regulation.
Objective
The amendments have the following objectives:
- to remove references to government institutions that no longer exist from Schedule I to the ATIA and the schedule to the PA;
- to remove references to government institutions that have become a part of other listed government institutions from Schedule I to the ATIA and the schedule to the PA;
- to add the name of the government institution formed from the merger of two listed government institutions to Schedule I to the ATIA and the schedule to the PA;
- to update a cross-reference to a statute; and
- to add clarity to a regulatory provision.
Description and rationale
The amendments
- remove the Canadian Advisory Council on the Status of Women, the Indian Residential Schools Truth and Reconciliation Commission, the Office of Privatization and Regulatory Affairs, the Petroleum Compensation Board, and the Prairie Farm Rehabilitation Administration from the lists in Schedule I to the ATIA and the schedule to the PA, as these government institutions have ceased to exist;
- remove the Canadian Government Specifications Board, the Federal-Provincial Relations Office and the Office of the Comptroller General from the lists in Schedule I to the ATIA and the schedule to the PA, as these government institutions have since become part of the Department of Public Works and Government Services (Public Services and Procurement Canada), the Privy Council Office, and the Treasury Board Secretariat (Treasury Board of Canada Secretariat), respectively;
- remove the Hamilton Port Authority and the Oshawa Port Authority from the lists in Schedule I to the ATIA and the schedule to the PA and add the Hamilton-Oshawa Port Authority to those schedules in their place. On May 30, 2019, the Hamilton Port Authority and the Oshawa Port Authority were amalgamated to form the Hamilton-Oshawa Port Authority — see Order in Council P.C. 2019-732;
- clarify the cross-references in section 2 of the Privacy Act Extension Order No. 1 by adding the specific provisions being cross-referenced; and
- update the cross-reference to the Immigration Act, 1976, in section 2 of the Privacy Act Extension Order No. 1. The Immigration Act, 1976, has been replaced by the Immigration and Refugee Protection Act.
One-for-one rule
The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to businesses.
Small business lens
Analysis under the small business lens determined that the amendments will not impact small businesses in Canada.
Contact
Carolina Mingarelli
Director and General Counsel
Centre for Information and Privacy Law
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Email: CIPL-CDIPRP@justice.gc.ca