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Extension Order, No. 1 to right of access Registration
SOR/89-207 13 April, 1989
P.C.1989-619 13 April, 1989
Her Excellency the Governor General in Council, on the recommendation
of the Minister of Justice, pursuant to subsection 4(2) of the
Access to Information Act, is pleased hereby to make the
annexed Order extending the right to be given access under
subsection 4(1) of the Access to Information Act to
records under the control of a government institution.
ORDER EXTENDING THE RIGHT TO BE GIVEN ACCESS
UNDER SUBSECTION 4(1) OF THE ACCESS TO INFORMATION ACT TO
RECORDS UNDER THE CONTROL OF A GOVERNMENT INSTITUTION
Short Title
1 This Order
may be cited as the Access to nformation Act Extension
Order, No. 1.
Extension
2 The right
to be given access under subsection 4(1) of the Access to
Information Act to records under the control of a government
institution is hereby extended to include all individuals who are
present in Canada but who are not Canadian citizens or permanent
residents within the meaning of the Immigration Act and
all corporations that are present in Canada.
REGULATORY IMPACT
ANALYSIS STATEMENT
(This statement is not part of the
Order.)
Description
Currently, only Canadian citizens and permanent residents can
request access to government-held records under the Access to
Information Act. This Order will permit all individuals and
incorporated entities in Canada to do so. It comes into force when
registered under the Statutory Instruments Act. It does
not contain a sunset provision.
Alternatives Considered
The
right of access be extended by amending the Act or by an order. The
use of an order permits the extension to be accomplished
sooner.
Consistency with Regulatory Policy and
Citizens' Code
The
extension of the right of access enhances the rights of individuals
and incorporated entities present in Canada. It should not affect
economic efficiency.
Anticipated Impact
The
extension permits greater n umbers to seek access to information
held by government institutions, thus enhancing openness and public
accountability.
Consultation
The
extension of the right of access was subject to interdepartmental
and intradepartmental consultation prior to its announcement in
Access and Privacy: The Steps Ahead, the government's
response to the report of the Standing Committee on Justice and
Solicitor General on the Access to Information Act and the
Privacy Act.
. Notice of this extension was published in the Canada
Gazette Part I, No. 44, Vol. 122 on October 29, 1988.
Representations were received from one individual who supported the
extension.
Compliance Mechanism
The
Access to Information Act provides an independent review
mechanism for complaints by requesters relating to the exercise of
their rights thereunder. This involves an investigation by the
Information Commissioner in all matters and judicial review in
matters relating to access.
For further information, contact:
Information Law and Privacy Section
Department of Justice
I284 Wellington Street, Room 3175
Ottawa, Ontario
K1A 0H8
(613) 957-4222
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