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 to decline to act on a request for access to a record for various reasons, including because it is vexatious or made in bad faith, and give the person who made the request the right to make a complaint to the Information Commissioner if their request is declined; (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 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.