Freedom of information in Canada
Encyclopedia
Freedom of information in Canada describes the capacity for the Canadian Government to provide timely and accurate access to internal data concerning government services.
Each province and territory in Canada has its own access to freedom of information legislation
.
came into force in 1983, under the Pierre Trudeau
government.
In 1987, the Solicitor General
tabled a unanimous report to Parliament, Open and Shut: Enhancing the Right to Know and the Right to Privacy which contained over 100 recommendations for amending the ATI and privacy acts.
In 1998, the government would append a clause to the Access Act, making it a federal offence to destroy, falsify, or conceal public documents.
In August 2000, the Ministry of Justice and the president of the Treasury Board launched a task force to review the Access Act. The committee’s report, delivered in June 2002, found “a crisis in information management” within government.
Université de Moncton
professor Donald Savoie’s 2003 book, Breaking the Bargain, argues that in Canada there is a reluctance to put anything in writing, including e-mail, that might find its way into public discourse.
In the fall of 2003, John Bryden
, attempted to initiate a comprehensive overhaul of the Act through a private members bill, Bill C-462, which died on the Order Paper with the dissolution of the 37th Parliament in May 2004. A similar bill was introduced by NDP MP Pat Martin
on 7 October 2004 as Bill C-201.
In April 2005, the Justice Minister Irwin Cotler
introduced a discussion paper entitled A Comprehensive Framework for Access to Information Reform.
On April 1, 2008, the Stephen Harper
government shut down CAIRS, the access to information database. explained this decision as a result of CAIRS being "deemed expensive, [and] deemed to slow down the access to information."
In response, Leader of the Opposition
Stéphane Dion
described Harper's government as "the most secretive government in the history of our country."
On September 2008, a 393 page report sponsored by several Canadian newspaper groups, compared Canada’s Access to Information Act to the FOI laws of the provinces and of 68 other nations titled: Fallen Behind: Canada’s Access to Information Act in the World Context.
In 2009, The Walrus (magazine) published a detailed history of FOI in Canada.
, the Access to Information Act
allows citizens to demand records from federal bodies. The act came into force in 1983, under the Pierre Trudeau
government, permitting Canadians to retrieve information from government files, establishing what information could be accessed, mandating timelines for response. Any exceptions to that right of access (i.e. information that is not disclosed) is limited and specific. That means that government departments cannot simply refuse to disclose whole documents or series of documents. This is enforced by the Information Commissioner of Canada
.
In general, the types of information that can be exempted from disclosure include:
information that could affect federal - provincial relations; information provided to the federal government in confidence by other governments; information affecting the safety and security of individuals; information that belongs to third party private sector companies; solicitor - client privilege and information that, if disclosed, could undermine the operations of government. This is not an exhaustive list.
There is also a complementary Privacy Act, introduced in 1983. The purpose of the Privacy Act is to extend the present laws of Canada that protect the privacy
of individuals with respect to personal information about themselves held by a federal government institution and that provide individuals with a right of access to that information. Complaints for possible violations of the Act may be reported to the Privacy Commissioner of Canada
.
Canadian access to information laws distinguish between access to records generally and access to records that contain personal information about the person making the request. Subject to exceptions, individuals have a right of access to records that contain their own personal information under the Privacy Act but the general public does not have a right of access to records that contain personal information about others under the Access to Information Act
.
From 1989 to 2008, requests made to the federal government were catalogued in the Coordination of Access to Information Requests System
.
The federal legislations do not apply to the provinces or territories however, these levels of government also have access and privacy legislations.
s, development of government-specific social networking sites and the use of blogs, RSS feeds and Google Maps
are all helping governments provide information to people in a manner that is more immediately useful to the people concerned.
A number of efforts have been made to expose data gathered by Canadian governments of all levels in ways that make it available for mashups
.
A collection of uses of social media in Canadian government can be found here.
VisibleGovernment.ca is a Canadian non-profit that promotes online tools for government transparency.
There have been several ChangeCamps in Toronto, Ottawa and Vancouver, with organizers coming together in Edmonton, Halifax, Montreal, drawing many politicians.
The Lac Carling Congress annually brings together professionals from all three levels of government in Canada with private sector companies. The event focuses on the advancement of electronic delivery of government services in Canada.
Each province and territory in Canada has its own access to freedom of information legislation
Freedom of information legislation
Freedom of information legislation comprises laws that guarantee access to data held by the state. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions...
.
History
By 1982, twelve countries, including France, Denmark, Finland, Sweden, the Netherlands, and the U.S. (1966), had enacted modern ATI legislation. Canada's Access to Information ActAccess to Information Act
Access to Information Act or Information Act is a Canadian act providing the right of access to information under the control of a government institution...
came into force in 1983, under the Pierre Trudeau
Pierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...
government.
In 1987, the Solicitor General
Solicitor General of Canada
The Solicitor General of Canada was a position in the Canadian ministry from 1892 to 2005. The position was based on the Solicitor General in the British system and was originally designated as an officer to assist the Minister of Justice...
tabled a unanimous report to Parliament, Open and Shut: Enhancing the Right to Know and the Right to Privacy which contained over 100 recommendations for amending the ATI and privacy acts.
In 1998, the government would append a clause to the Access Act, making it a federal offence to destroy, falsify, or conceal public documents.
In August 2000, the Ministry of Justice and the president of the Treasury Board launched a task force to review the Access Act. The committee’s report, delivered in June 2002, found “a crisis in information management” within government.
Université de Moncton
Université de Moncton
The Université de Moncton is a French language university located in Moncton, New Brunswick serving the Acadian community of Atlantic Canada...
professor Donald Savoie’s 2003 book, Breaking the Bargain, argues that in Canada there is a reluctance to put anything in writing, including e-mail, that might find its way into public discourse.
In the fall of 2003, John Bryden
John H. Bryden
John H. Bryden is a Canadian politician, journalist, historian.-Education:He received an Honours Bachelor of Arts degree in English and History from McMaster University in 1966, and a Masters of Philosophy in English from the University of Leeds in 1968.-Early career:From 1969 to 1989, Bryden held...
, attempted to initiate a comprehensive overhaul of the Act through a private members bill, Bill C-462, which died on the Order Paper with the dissolution of the 37th Parliament in May 2004. A similar bill was introduced by NDP MP Pat Martin
Pat Martin
Patrick "Pat" Martin is a Canadian politician. He has been a member of the Canadian House of Commons since 1997, representing the riding of Winnipeg Centre for the New Democratic Party.-Career:...
on 7 October 2004 as Bill C-201.
In April 2005, the Justice Minister Irwin Cotler
Irwin Cotler
Irwin Cotler, PC, OC, MP was Canada's Minister of Justice and Attorney General of Canada from 2003 until the Liberal government of Paul Martin lost power following the 2006 federal election. He was first elected to the Canadian House of Commons for the constituency of Mount Royal in a by-election...
introduced a discussion paper entitled A Comprehensive Framework for Access to Information Reform.
On April 1, 2008, the Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
government shut down CAIRS, the access to information database. explained this decision as a result of CAIRS being "deemed expensive, [and] deemed to slow down the access to information."
In response, Leader of the Opposition
Leader of the Opposition (Canada)
The Leader of Her Majesty's Loyal Opposition , or simply the Leader of the Opposition is the leader of Canada's Official Opposition, the party with the most seats in the House of Commons that is not a member of the government...
Stéphane Dion
Stéphane Dion
Stéphane Maurice Dion, PC, MP is a Canadian politician who has been the Member of Parliament for the riding of Saint-Laurent–Cartierville in Montreal since 1996. He was the leader of the Liberal Party of Canada and the Leader of the Opposition in the Canadian House of Commons from 2006 to 2008...
described Harper's government as "the most secretive government in the history of our country."
On September 2008, a 393 page report sponsored by several Canadian newspaper groups, compared Canada’s Access to Information Act to the FOI laws of the provinces and of 68 other nations titled: Fallen Behind: Canada’s Access to Information Act in the World Context.
In 2009, The Walrus (magazine) published a detailed history of FOI in Canada.
Federal
In CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, the Access to Information Act
Access to Information Act
Access to Information Act or Information Act is a Canadian act providing the right of access to information under the control of a government institution...
allows citizens to demand records from federal bodies. The act came into force in 1983, under the Pierre Trudeau
Pierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...
government, permitting Canadians to retrieve information from government files, establishing what information could be accessed, mandating timelines for response. Any exceptions to that right of access (i.e. information that is not disclosed) is limited and specific. That means that government departments cannot simply refuse to disclose whole documents or series of documents. This is enforced by the Information Commissioner of Canada
Information Commissioner of Canada
The Information Commissioner of Canada is an independent ombudsman appointed by the Parliament of Canada who investigates complaints from people who believe they have been denied rights provided under Canada's Access to Information Act....
.
In general, the types of information that can be exempted from disclosure include:
information that could affect federal - provincial relations; information provided to the federal government in confidence by other governments; information affecting the safety and security of individuals; information that belongs to third party private sector companies; solicitor - client privilege and information that, if disclosed, could undermine the operations of government. This is not an exhaustive list.
There is also a complementary Privacy Act, introduced in 1983. The purpose of the Privacy Act is to extend the present laws of Canada that protect the privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
of individuals with respect to personal information about themselves held by a federal government institution and that provide individuals with a right of access to that information. Complaints for possible violations of the Act may be reported to the Privacy Commissioner of Canada
Privacy Commissioner of Canada
The Privacy Commissioner of Canada is a special ombudsman and an officer of parliament who reports directly to the House of Commons and the Senate....
.
Canadian access to information laws distinguish between access to records generally and access to records that contain personal information about the person making the request. Subject to exceptions, individuals have a right of access to records that contain their own personal information under the Privacy Act but the general public does not have a right of access to records that contain personal information about others under the Access to Information Act
Access to Information Act
Access to Information Act or Information Act is a Canadian act providing the right of access to information under the control of a government institution...
.
From 1989 to 2008, requests made to the federal government were catalogued in the Coordination of Access to Information Requests System
Coordination of Access to Information Requests System
The Coordination of Access to Information Requests System, also known as CAIRS, was a database of freedom of information requests made to the federal government of Canada under the Access to Information Act. It was operated by the Department of Public Works and Government Services...
.
The federal legislations do not apply to the provinces or territories however, these levels of government also have access and privacy legislations.
Provincial
| Province | Year | Title | Resource |
|---|---|---|---|
| Nova Scotia Nova Scotia Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the... |
1977 (S.N.S. 1993, c.5). Amended 1993 | Freedom of Information and Protection of Privacy Act (Nova Scotia) Freedom of Information and Protection of Privacy Act (Nova Scotia) The Freedom of Information and Protection of Privacy Act, commonly known as FOIPOP, is the public sector privacy law and access to information law for the Province of Nova Scotia.... |
http://foipop.ns.ca//legislation.html |
| New Brunswick New Brunswick New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area... |
2010 (S.N.B. 2009, c.R-10.6) / 2010 (S.N.B. 2009, c.P-7.05) | Right to Information and Protection of Privacy Act / Personal Health Information Privacy and Access Act | http://www.gnb.ca/0062/acts/acts/r-10-6.htm http://www.gnb.ca/0062/PDF-acts/p-07-05.pdf |
| Newfoundland and Labrador Newfoundland and Labrador Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400... |
1981 Freedom of Information and Protection of Privacy Act. (R.S.N. 1990, c.F25) / 2002 Access to Information and Protection of Privacy Act (S.N.L. 2002, c.A-1.1). | Freedom of Information and Protection of Privacy Act (1981) / Access to Information and Protection of Privacy Act (2002) | http://www.oipc.gov.nl.ca/legislation.htm |
| Quebec Quebec Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level.... |
1982 (R.S.Q., c.A-21) | An Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information | http://www.cai.gouv.qc.ca/index.html |
| Yukon Yukon Yukon is the westernmost and smallest of Canada's three federal territories. It was named after the Yukon River. The word Yukon means "Great River" in Gwich’in.... |
1984 (R.S.Y. 2002, c.1) | Access to Information and Protection of Privacy Act | http://www.atipp.gov.yk.ca/ |
| Manitoba Manitoba Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other... |
1985 (C.C.S.M., c.F175) | Freedom of Information and Protection of Privacy Act | http://www.ombudsman.mb.ca/legislation.htm |
| Ontario Ontario Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa.... |
1987 royal assent. In force 1988 | Freedom of Information and Protection of Privacy Act | http://www.ipc.on.ca/index.asp?navid=4 |
| Ontario Ontario Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa.... (municipal) |
1990 (R.S.O. 1990, c.M56) Royal assent 1989, in force 1991 | Municipal Freedom of Information and Protection of Privacy Act | http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90m56_e.htm |
| Saskatchewan Saskatchewan Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota.... |
1991. (S.S. 1990-91, c.F-22.01) | Freedom of Information and Protection of Privacy Act | http://www.oipc.sk.ca/legislation.htm (Statute, on Commissioner's website) |
| Saskatchewan Saskatchewan Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota.... (municipal) |
1991 (S.S. 1990-91, c.F-22.01) | Local Authority Freedom of Information and Protection of Privacy Act | http://www.qp.gov.sk.ca/documents/English/Statutes/Statutes/L27-1.pdf |
| British Columbia British Columbia British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858... |
1992 [1993 in force] (R.S.B.C. 1996, c.165.) Amended since. | Freedom of Information and Protection of Privacy Act | http://www.oipc.bc.ca/legislation.htm / http://www.oipcbc.org - Commissioner's office / www.fipa.bc.ca - FIPA |
| Alberta Alberta Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces... |
1994. (R.S.A. 2000, c.F-25) | Freedom of Information and Protection of Privacy Act | http://www.oipc.ab.ca/foip/read.cfm (Statute, on Commissioner's website) |
| Northwest Territories Northwest Territories The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south... |
1994 (S.N.W.T. 1994, c.20). Amended several times | Access to Information and Protection of Privacy Act | http://www.justice.gov.nt.ca/ATIPP/atipp.htm |
| Prince Edward Island Prince Edward Island Prince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population... |
2001 (R.S.P.E.I. 1988, c.F-15.01) | Freedom of Information and Protection of Privacy Act | http://www.gov.pe.ca/foipp/index.php3 / http://www.assembly.pe.ca/index.php3?number=1013943 - Commissioner's office |
| Nunavut Nunavut Nunavut is the largest and newest federal territory of Canada; it was separated officially from the Northwest Territories on April 1, 1999, via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the actual boundaries had been established in 1993... |
2000 (S.N.W.T. 1994, c.20) On April 1, 2000, Nunavut adopted the laws of the Northwest Territories until such time as it replaces those laws with its own / See Nunavut commissioner's 2006-07 annual report at - http://www.assembly.nu.ca/public_docs/info_privacy_0607.pdf | Access to Information and Protection of Privacy Act (Nunavut) | http://www.info-privacy.nu.ca/en/home |
e-Governace
Government 2.0 is an attempt to provide more effective processes for delivering Freedom of information in Canada, to individuals and businesses. Integration of tools such as wikiWiki
A wiki is a website that allows the creation and editing of any number of interlinked web pages via a web browser using a simplified markup language or a WYSIWYG text editor. Wikis are typically powered by wiki software and are often used collaboratively by multiple users. Examples include...
s, development of government-specific social networking sites and the use of blogs, RSS feeds and Google Maps
Google Maps
Google Maps is a web mapping service application and technology provided by Google, free , that powers many map-based services, including the Google Maps website, Google Ride Finder, Google Transit, and maps embedded on third-party websites via the Google Maps API...
are all helping governments provide information to people in a manner that is more immediately useful to the people concerned.
A number of efforts have been made to expose data gathered by Canadian governments of all levels in ways that make it available for mashups
Mashup (web application hybrid)
In Web development, a mashup is a Web page or application that uses and combines data, presentation or functionality from two or more sources to create new services...
.
A collection of uses of social media in Canadian government can be found here.
VisibleGovernment.ca is a Canadian non-profit that promotes online tools for government transparency.
There have been several ChangeCamps in Toronto, Ottawa and Vancouver, with organizers coming together in Edmonton, Halifax, Montreal, drawing many politicians.
The Lac Carling Congress annually brings together professionals from all three levels of government in Canada with private sector companies. The event focuses on the advancement of electronic delivery of government services in Canada.
See also
- Freedom of information in the United KingdomFreedom of information in the United KingdomFreedom of information legislation in the United Kingdom is controlled by two Acts of the United Kingdom and Scottish Parliaments respectively, which both came into force on 1 January 2005.* Freedom of Information Act 2000...
- Freedom of information in the United StatesFreedom of information in the United StatesFreedom of information in the United States refers to the independent bodies of Freedom of information legislation at the federal level and in the fifty states.-Federal level:...