Information Notice

This Information Notice is intended to clarify government policy on the handling of Access to Information Act (ATIA) requests for records of Ministers and their exempt staff for government travel and hospitality (see Implementation Report No. 78, March 30, 2001).  This notice relates only to expense claim records that are under the control of the government institution, and specifically to ministerial expense certificates (a monthly summary record of expenses) and to individual expense claims of exempt staff.

It is the government's policy to be transparent and accountable for the expenditure of public funds for purposes such as government business.  When access to information requests are received by government institutions for expenses incurred by Ministers and their exempt staff for government travel and hospitality, institutions should respond by disclosing as much expense-related information as possible.  To ensure consistency, certain aspects of the requests and their processing should remain standard:

Subsection 19(2) of the ATIA allows for the disclosure of personal information if the individual consents.  Before disclosing information about expense claims of Ministers and exempt staff, the head of an institution must seek consent.

ATIP Coordinators should ensure a consent form is forwarded to the individual along with the information to be disclosed each time an access request is received.  A copy of a sample consent form is attached.  The sample consent form relates to any access to information request for records of expense claims for travel and hospitality while on government business received before or after the date of this notice.  Previous request files that have been closed are not covered by this Information Notice.

Normally, some personal information that does not relate to the position or functions of a Minister or their exempt staff, such as credit card numbers, home and cell telephone numbers and home addresses, would continue to be protected.  As well, expense claim records should be closely scrutinized for any information that must be protected in accordance with any other exemption provided for under the Act.

If a Minister or an exempt staff member has left the office of the Minister, a reasonable attempt should be made to locate the individual.  In the event that an individual cannot be located, disclosure of the information must be balanced with the privacy rights of the individual.

Consent should be sought within the original 30-day receipt period.  However, it may be possible, under certain circumstances, to invoke paragraph 9(1)(b) of the ATIA for the purpose of seeking such consent, for example, if the exempt staff are no longer employed by the Minister's office or not available due to other circumstances.  One important consideration is that it be for a "reasonable period of time" as stated in subsection 9(1).  What may be considered "reasonable" in this context "will depend on the circumstances of the request and the judgement of the head of the institution or his/her delegate" (refer to Implementation Report No. 67, September 17, 1999).

Should you require further clarification or policy interpretation, please contact your Treasury Board Secretariat Portfolio Officer.  Matters of legal interpretation should be directed to your Departmental Legal Services Units.

Anne Brennan
Director
Information and Security Policy Division
Government Operations Sector