An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts (S.C. 2019, c. 18)
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Assented to 2019-06-21
R.S., c. A-1Access to Information Act (continued)
Amendments to the Act (continued)
38 The Act is amended by adding the following after section 90:
Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs
Interpretation
Marginal note:Definitions
90.01 The following definitions apply in sections 90.02 to 90.24.
- Chief Administrator
Chief Administrator means the Chief Administrator of the Courts Administration Service. (administrateur en chef)
- Commissioner
Commissioner means the Commissioner for Federal Judicial Affairs. (commissaire)
- quarter
quarter means a three-month period that begins on the first day of January, April, July or October. (trimestre)
- Registrar
Registrar means the Registrar of the Supreme Court of Canada. (registraire)
Office of the Registrar of the Supreme Court of Canada
Marginal note:Definitions
90.02 The following definitions apply in this section and sections 90.03 to 90.09.
- Deputy Registrar
Deputy Registrar means the Deputy Registrar of the Supreme Court. (registraire adjoint)
- Office of the Registrar of the Supreme Court
Office of the Registrar of the Supreme Court means the Registrar and that portion of the federal public administration appointed under subsection 12(2) of the Supreme Court Act. (Bureau du registraire de la Cour Suprême)
- Supreme Court
Supreme Court means the Supreme Court of Canada. (Cour suprême)
Marginal note:Travel expenses — Registrar and Deputy Registrar
90.03 Within 30 days after the end of the quarter in which any travel expenses incurred by the Registrar or the Deputy Registrar are reimbursed, the Registrar shall cause to be published in electronic form the following information:
(a) the Registrar’s or Deputy Registrar’s name, as applicable;
(b) the purpose of the travel;
(c) the dates of the travel;
(d) the places visited;
(e) the total cost for each of the following classes of expenses:
(f) the total amount of the travel expenses.
Marginal note:Hospitality expenses — Registrar and Deputy Registrar
90.04 Within 30 days after the end of the quarter in which any expenses incurred by the Registrar or the Deputy Registrar for a hospitality activity are reimbursed, the Registrar shall cause to be published in electronic form the following information:
(a) the Registrar’s or Deputy Registrar’s name, as applicable;
(b) the purpose of the hospitality activity;
(c) the date of the hospitality activity;
(d) the municipality in which the hospitality activity took place;
(e) the name of any commercial establishment or vendor involved in the hospitality activity;
(f) the number of persons who attended the hospitality activity; and
(g) the total amount of the expenses for the hospitality activity.
Marginal note:Contracts over $10,000
90.05 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Office of the Registrar of the Supreme Court and that has a value of more than $10,000 is entered into, the Registrar shall cause to be published in electronic form the following information:
Marginal note:Contracts of $10,000 or less
(2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Office of the Registrar of the Supreme Court and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Registrar shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.
Marginal note:Increase or decrease in value of contract
(3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Registrar shall cause to be published in electronic form the value of the contract as amended.
Marginal note:Incidental expenditures — judges
90.06 Within 30 days after the end of the quarter in which any incidental expenditure incurred by any judge of the Supreme Court is reimbursed under subsection 27(1) of the Judges Act, the Registrar shall cause to be published in electronic form the following information:
(a) the total amount of the incidental expenditures reimbursed;
(b) the number of judges to whom a reimbursement was made;
(c) a detailed description of each class of incidental expenditures reimbursed;
(d) the number of judges who received a reimbursement for each class of incidental expenditures; and
(e) the applicable guidelines.
Marginal note:Representational allowances — judges
90.07 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of the Supreme Court or his or her spouse or common-law partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Registrar shall cause to be published in electronic form the following information:
(a) the total amount of the expenses reimbursed;
(b) the number of judges to whom a reimbursement was made;
(c) a detailed description of each class of expenses reimbursed;
(d) the number of judges who received a reimbursement for each class of expenses; and
(e) the applicable guidelines.
Marginal note:Travel allowances — judges
90.08 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any judge of the Supreme Court are reimbursed under section 34 of the Judges Act as a travel allowance, the Registrar shall cause to be published in electronic form the following information:
(a) the total amount of the expenses reimbursed;
(b) the number of judges to whom a reimbursement was made;
(c) a detailed description of each class of expenses reimbursed;
(d) the number of judges who received a reimbursement for each class of expenses; and
(e) the applicable guidelines.
Marginal note:Conference allowances — judges
90.09 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of the Supreme Court are reimbursed under section 41 of the Judges Act as a conference allowance, the Registrar shall cause to be published in electronic form the following information:
(a) the total amount of the expenses reimbursed;
(b) the number of judges to whom a reimbursement was made;
(c) a detailed description of each class of expenses reimbursed;
(d) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and
(e) the applicable guidelines.
Courts Administration Service
Marginal note:Definition of Service
90.1 In sections 90.11 to 90.13, Service means the Courts Administration Service.
Marginal note:Travel expenses — Chief Administrator and deputies
90.11 Within 30 days after the end of the quarter in which any travel expenses incurred by the Chief Administrator or any Deputy Chief Administrator are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information:
(a) the Chief Administrator’s or Deputy Chief Administrator’s name, as applicable;
(b) the purpose of the travel;
(c) the dates of the travel;
(d) the places visited;
(e) the total cost for each of the following classes of expenses:
(f) the total amount of the travel expenses.
Marginal note:Hospitality expenses — Chief Administrator and deputies
90.12 Within 30 days after the end of the quarter in which any expenses incurred by the Chief Administrator or any Deputy Chief Administrator for a hospitality activity are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information:
(a) the Chief Administrator’s or Deputy Chief Administrator’s name, as applicable;
(b) the purpose of the hospitality activity;
(c) the date of the hospitality activity;
(d) the municipality in which the hospitality activity took place;
(e) the name of any commercial establishment or vendor involved in the hospitality activity;
(f) the number of persons who attended the hospitality activity; and
(g) the total amount of the expenses for the hospitality activity.
Marginal note:Contracts over $10,000
90.13 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Service and that has a value of more than $10,000 is entered into, the Chief Administrator shall cause to be published in electronic form the following information:
Marginal note:Contracts of $10,000 or less
(2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Service and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Chief Administrator shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.
Marginal note:Increase or decrease in value of contract
(3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Chief Administrator shall cause to be published in electronic form the value of the contract as amended.
Office of the Commissioner for Federal Judicial Affairs
Marginal note:Definitions
90.14 The following definitions apply in sections 90.15 to 90.21.
- judge
judge means a judge of a superior court other than the Supreme Court of Canada. (juge)
- Office
Office means the Office of the Commissioner for Federal Judicial Affairs. (Bureau)
Marginal note:Travel expenses — Commissioner and deputies
90.15 Within 30 days after the end of the quarter in which any travel expenses incurred by the Commissioner or any Deputy Commissioner are reimbursed, the Commissioner shall cause to be published in electronic form the following information:
(a) the Commissioner’s or Deputy Commissioner’s name, as applicable;
(b) the purpose of the travel;
(c) the dates of the travel;
(d) the places visited;
(e) the total cost for each of the following classes of expenses:
(f) the total amount of the travel expenses.
Marginal note:Hospitality expenses — Commissioner and deputies
90.16 Within 30 days after the end of the quarter in which any expenses incurred by the Commissioner or any Deputy Commissioner for a hospitality activity are reimbursed, the Commissioner shall cause to be published in electronic form the following information:
(a) the Commissioner’s or Deputy Commissioner’s name, as applicable;
(b) the purpose of the hospitality activity;
(c) the date of the hospitality activity;
(d) the municipality in which the hospitality activity took place;
(e) the name of any commercial establishment or vendor involved in the hospitality activity;
(f) the number of persons who attended the hospitality activity; and
(g) the total amount of the expenses for the hospitality activity.
Marginal note:Contracts over $10,000
90.17 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Office and that has a value of more than $10,000 is entered into, the Commissioner shall cause to be published in electronic form the following information:
Marginal note:Contracts of $10,000 or less
(2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Office and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Commissioner shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.
Marginal note:Increase or decrease in value of contract
(3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Commissioner shall cause to be published in electronic form the value of the contract as amended.
Marginal note:Incidental expenditures — judges
90.18 Within 30 days after the end of the quarter in which any incidental expenditure incurred by any judge of a particular court is reimbursed under subsection 27(1) of the Judges Act, the Commissioner shall cause to be published in electronic form the following information:
(a) the name of the court;
(b) the total amount of the incidental expenditures reimbursed for that court;
(c) the number of judges to whom a reimbursement was made;
(d) a detailed description of each class of incidental expenditures reimbursed;
(e) the number of judges who received a reimbursement for each class of incidental expenditures; and
(f) the applicable guidelines.
Marginal note:Representational allowances — judges
90.19 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge or his or her spouse or common-law partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Commissioner shall cause to be published in electronic form the following information:
(a) the total amount of the expenses reimbursed;
(b) the number of judges to whom a reimbursement was made;
(c) a detailed description of each class of expenses reimbursed;
(d) the number of judges who received a reimbursement for each class of expenses; and
(e) the applicable guidelines.
Marginal note:Travel allowances — judges
90.2 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any judge of a particular court are reimbursed under section 34 of the Judges Act as a travel allowance, the Commissioner shall cause to be published in electronic form the following information:
(a) the name of the court;
(b) the total amount of the expenses reimbursed for that court;
(c) the number of judges to whom a reimbursement was made;
(d) a detailed description of each class of expenses reimbursed;
(e) the number of judges who received a reimbursement for each class of expenses; and
(f) the applicable guidelines.
Marginal note:Conference allowances — judges
90.21 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of a particular court are reimbursed under section 41 of the Judges Act as a conference allowance, the Commissioner shall cause to be published in electronic form the following information:
(a) the name of the court;
(b) the total amount of the expenses reimbursed for that court;
(c) the number of judges to whom a reimbursement was made;
(d) a detailed description of each class of expenses reimbursed;
(e) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and
(f) the applicable guidelines.
Judicial Independence, Protected Information, Security of Persons, Infrastructure and Goods and Canadian Judicial Council
Marginal note:Judicial independence
90.22 The Registrar, the Chief Administrator or the Commissioner, as applicable, may, on an exceptional basis, decline to cause to be published information or any part of the information described in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if they determine that the publication, even in the aggregate, could interfere with judicial independence.
Marginal note:Protected information and security
90.23 The Registrar, the Chief Administrator or the Commissioner, as applicable, is not required to cause to be published any of the information or any part of the information referred to in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if he or she determines that
(a) the information or the part of the information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege; or
(b) the publication could compromise the security of persons, infrastructure or goods.
Marginal note:Final decision
90.24 A determination by the Registrar, the Chief Administrator or the Commissioner that a publication could interfere with judicial independence or could compromise the security of persons, infrastructure or goods or that any information or part of any information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege is final.
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