Proactive Publication :
What I Need to Know When Writing ESDC Material

This information was updated to reflect the Royal Assent and coming into force of Bill C-58.

Corporate Secretariat, March 15th, 2019

Unclassified

Objectives

  • Introduce Bill C-58 proactive publication requirements and describe its impact on our day-to-day activities
  • Raise awareness to sensitive information

  • Improve the way we work by understanding the need to:

    1. Adopting Word-based templates to help automate web publishing
    2. Write in plain language
    3. Use the exemption and cabinet confidence checklists (Annexes A and B)

Please note that this is an evergreen document! Updates will be added to this page, as new information is made available!

Proactive Publication – Driven by Commitment to Openness and Transparency

  • Three elements that support Canada's transparency mandate:

    Canada's Transparency Mandate

    1) Access to Information
    2) Proactive Publication
    3) Open Government
  • A culture shift is required to support content development and writing with the lens of "openness" and publishing on-line
  • The shift requires awareness, support and training

Making Government More Transparent

The Government of Canada moved forward on key commitments made in 2015 mandate letters to make government more open and transparent.

Modifications to the Access to Information Act (ATIA) received Royal Assent on June 21, 2019:

  • Part 1: makes changes to the daily administration of the ATIA; and
  • Part 2: entrenches into law the obligation to disclose (proactive publication) frequently requested information.

Part 1 Request based system:

Bill C-58 makes some key changes:

  • Provide the Information Commissioner with order-making power, including ordering the release of records
  • Allow government institutions to seek the Information Commissioner’s approval to decline to act on requests that are vexatious or made in bad faith
  • Facilitate the sharing of access to information and personal information request processing services between institutions within the same Ministerial portfolio

Part 2 Proactive Publication:

Making key information available to all Canadians without the need for an access to information request:

  • Transition Packages

  • Packages for Parliamentary Committee Appearances

  • Question Period Cards

  • Briefing Note Lists (titles and tracking numbers)

These materials must be published in both official languages on departmental websites and linked to TBS' open government portal:Open.Canada.ca

What are the Part 2 Requirements?

  • Titles and tracking numbers of briefing notes prepared for Ministers and deputy heads. (Within 30 days after the month of receipt by a Minister’s or Deputy Minister’s office)
  • Briefing packages prepared by the institution for new or incoming Ministers and deputy heads. (Within 120 days of appointment)
  • Reports tabled in Parliament pursuant to a statutory requirement. (Within 30 days after tabling)
  • Briefing package for Parliamentary Committee appearances prepared for Ministers, deputy heads or equivalent. (Within 120 days after appearance)
  • Question Period notes in use on the last sitting day in June and December. (Within 30 calendar days after the last sitting day, or no later than July 3/January 31, if the House is not sitting in June or December)

Timelines for some existing proactive publication requirements have also changed:

  • Travel and Hospitality: Within 30 calendar days after the end of the month in which expenses are reimbursed (Change from quarterly)
  • Contracts (over $10,000): Within 30 days after the end of the quarter; for institutions, this is extended to within 60 days after the end of Q4 (No change to current timelines)
  • G&Cs: Within 30 calendar days after the end of the quarter in which an agreement or arrangement is entered into, or amended (Change from 60 days)
  • Reclassification of Positions: (Within 30 calendar days after the end of the quarter in which there is a reclassification)(No change)
  • Minister Office Expenses: (Within 120 days after the end of the fiscal year) (Previously No timeframe)

Ensuring Consistency for Proactive Publication

ESDC material to be published will have a different look going forward

  • Templates will ensure disclosure considerations are woven in the approval process and include open design principles such as concentrating sensitive information in one location of the document.
  • Templates will be designed to include web publishing requirements such as headings, less graphs, text description.
  • Templates for transition material are also developed

Resources are available

A resource portal on the iService platform for ESDC staff and managers was launched to provide information and guidance with respect to:

  • Writing in plain language to enable the reader to understand the message the first time they read it.
  • Identifying and localizing sensitive content to facilitate quick and easy redactions.
  • Developing descriptive / alternative text to meet accessibility requirements.
  • Using structured templates (as they become available) to facilitate HTML coding.

A Culture Shift is required

  • Staff will need to be advocates of proactive publication.
  • Managers and staff must learn new skills (plain language writing, developing descriptive text to support accessibility, identifying sensitive content) to support timely web publishing.

Being part of a culture shift & supporting the "Openness Messages"

  • ESDC's Transition Packages, Packages for Parliamentary Committee Appearances, QP cards and BN templates will look differently going forward.
  • Material must be drafted with disclosure in mind and in an accessible format.
  • Material will require branch and DM approvals for disclosure at the time it is drafted.
  • All content developers must learn new skills!

One-pagers to Remember the Essentials

Slides 10 to 13 are meant to be used as stand alone "cheat sheets" to help writers remember the essentials of proactive disclosure for the new material being proactively published

Transition Package

Release deadline for publication
Within 120 days after appointment
Scope
Ministers, Deputy heads
Business Process Owners
Corporate Secretariat (Ministerial Services Briefing Unit); Strategic and Service Policy Branch; Labour
Definition

All transition material prepared for a new Minister or deputy head must be proactively published.

Transition materials provide valuable descriptions of the organization, explain the work being done by the Department and showcases how decisions are made.

Ensure content is...
  • Written with disclosure in mind
  • In an accessible format
  • Free of unnecessary images, tables and graphs
    • If images, tables or graphs must be used, ensuring they have accompanying descriptive alternative text
  • In both official languages
  • In Word templates formatted for the Web
  • Preapproved by your branch head for disclosure
  • Free of sensitive information (Annexes A & B)

Packages for Parliamentary Committee Appearances

Release deadline for publication
Within 120 days after an appearance
Scope
Ministers, Deputy heads
Business Process Owners
Corporate Secretary (Parliamentary Affairs)
Definition

These packages contain briefing materials which were prepared for the Minister for the purpose of his/her appearance before a committee of Parliament.

A parliamentary committee is a working group constituted of a limited number of MPs who study bills or other issues, under the Committee's mandate, in greater detail for the House of Commons. Committees regularly invite Ministers to appear before them in order to receive evidence relevant to the study under consideration. These consultations allow Ministers to set out and clarify their points of view, which are often presented in a written brief that sets out the facts. These consultations also give MPs the opportunity to ask questions.

Ensure content is...
  • Written with disclosure in mind
  • Free of unnecessary tables, images and graphs
    • If tables, images or graphs must be used, ensure they have accompanying descriptive alternative text.
  • In both Official Languages
  • Template provided by Parliamentary Affairs (web-ready and accessible)
  • Preapproved by your branch head for disclosure
  • Free of sensitive information (Annexes A & B)

Question Period (QP) Cards

Release deadline for publication
Within 30 days after the last sitting of the House of Commons in December and in June.
Scope
Ministers
Business Process Owners
Corporate Secretariat (Parliamentary Affairs)
Definition

Question Period is a period of regularly scheduled time in Parliament during which members of the official opposition party and other members may direct questions to the Prime Minister and to Cabinet Ministers concerning affairs of state.

This type of note is used to inform the Minister about issues that may arise during Question Period or with the media, such as relevant Supreme Court of Canada decisions. The note should offer suggested replies to possible questions. Question Period notes are usually prepared in response to a specific request from the Minister's office or Parliamentary Affairs and must meet strict deadlines.

Ensure content is...
  • The correct QP card template provided by Parliamentary Affairs (template is web-ready and accessible)
  • In both official languages
  • Preapproved by your branch head for disclosure
  • Free of sensitive information (Annexes A & B)

* Be conscious of the number of pages of each QP card and ensure only the most important information is provided.

Briefing Note (BN) Lists (Titles and Tracking Numbers)

Release deadline for publication
Within 30 days after the end of the month in which any BN prepared is received by his or her office.
Scope
Ministers, Deputy heads
Business Process Owners

Corporate Secretariat

Definition

BNs are short, well-structured documents that quickly and effectively inform a decision-maker about an issue. All BNs sent to Ministers and Deputy Heads will be captured on the monthly list in the following format: BN number, titles in both official languages, originating sector, addressee, date received, action required, and additional information. Writers are responsible for drafting BNs that include bilingual titles.

Keep in mind...
  • To use sentence case and not uppercase
  • To automatically develop titles in both official languages when drafting BNs to Ministers and DMs
  • That once the BN is approved by the ADM/Deputy Minister, BN titles cannot be modified for proactive publication
  • That titles should not contain sensitive information (See Annexes A &B).

Keeping in mind that material will be proactively published

  • Sensitive information includes any information which can be exempted or excluded under the Access to Information Act (ATIA) and Privacy Act. For example, Cabinet confidences.
  • For resource tools designed to help content developers navigate proactive disclosure, please refer to the annexes at the end of this presentation.
  • Templates are being developed to capture content in a way that facilitates ATIP-review and web publishing.
  • You are now ready to put into practice the principles of proactive publication in your day-to-day activities!

Where to find more Information and Guidance

Additional Support is Available

For general questions regarding proactive publication, you may contact our office by sending an email at: NC-CS-SM-ATIAIWG-GTMALAI-GD@hrdc-drhc.net

Annex A – Exemption Checklist

 
Access to Information Act ExemptionsCheck if met

Information obtained in confidence from other levels of government;

The information was not obtained in confidence from an Indigenous government, government of a foreign state, international organization of states, government of a province or municipal government.

  

Information related to ongoing federal/provincial negotiations and relations;

The release of the information could not reasonably be expected to be injurious to the conduct, by the federal government, of federal-provincial affairs.

  

Investigations and security;

The information would not reveal investigative techniques, plans for specific lawful investigations or facilitate the commission of an offence

  

Safety of individuals;

The information would not threaten an individual's life, bodily integrity, or exacerbate an existing mental illness.

  

Economic Interests of Canada;

The information would not be injurious to the Economic Interest of Canada (e.g. GoC credit cards numbers)

  

Personal information;

The material does not contain information about an identifiable individual that is recorded in any form, such as and not limited to a name, address, DNA, body sample, sexual preference or political inclination.

  

Confidential third party information;

The information does not contain trade secrets, confidential financial, commercial, scientific or technical information, and information used for emergency management plans.

  

Financial, commercial, scientific or technical information;

The information does not contain: financial, commercial, scientific or technical information that has been supplied by a third party on a confidential basis, material that could result in financial loss or be expected to prejudice the competitive position of a third party or information that could interfere with contractual or other negotiations of a third party.

  

Decision-making process;

Disclosure would not have a chilling effect on the candidness of advice, recommendations, consultations and deliberations given or received by the federal public service leading to a reluctance to deal frankly with difficult questions.

  

Internal Audit & Testing Procedures;

Disclosure would not compromise internal audit working papers and/or draft internal audit reports.

  

Solicitor client privilege;

The material does not contain communication between a lawyer and a client and seeks legal advice.

  

Information that is prohibited from being disclosed pursuant to an Act of Parliament found

in Schedule II of the Access to Information Act; Material does not contain information that can not be disclosed as it is listed in Schedule II of the ATIA

Example: Canada Revenue Agency Business Identification Numbers also know as Business Numbers

  

Information to be made public;

Information that will be made public in the 90 days following the receipt of the request

  

Annex B – Cabinet Confidence Checklist

 
Access to Information Act ExclusionsCheck if met

Memoranda;
The documents do not present proposals or recommendations to Cabinet; e.g. MCs, TB Subs.

  

Agenda and records of Cabinet deliberations or decisions;
The material does not contain agendas of Cabinet and records containing Cabinet deliberations or decisions; such as agendas, minutes and records of decisions.

  

Records of communications between ministers;
The records were not used for or reflect communications or discussions between ministers on matters relating to the formulation of government policy; such as interdepartmental letters.

  

Records to brief ministers;
The records did not inform ministers on matters that are before, or are proposed to be brought before Cabinet; such as briefing notes.

  

Draft legislation;
The material does not contain drafts of legislation proposed by the Government; such as draft Bills, draft regulations and draft Orders-in-Council.

  

Records containing information about confidences;
The records do not contain information about the contents of any record specifically listed above.

  

Annex C – Injury Test

The concept of injury underlies many of the exemptions set out in the Act. In assessing injury, although a number of considerations will be involved, there are three general factors that must be taken into account:

Specific: Is it possible to identify the detrimental effect with the actual party who, or the interest which will suffer injury, rather than identifying it with only a vague general harm?

Current: Is it possible to identify the detrimental effect at the time the exemption is claimed or in the foreseeable future? Information which has been protected from disclosure in the past should be reassessed to ensure that present or future injury is still a factor; and

Probable: Is there a reasonable likelihood of the injury occurring?