Report 18 - Access to Information Review Task Force

ADVICE OR RECOMMENDATIONS - SECTION 21 OF THE ACCESS TO INFORMATION ACT

Published: July 2001

Dave Stephens

Table of Contents

Executive Summary
Introduction
The Statutory Context

Gestation
The Act
Advice and Recommendations
Consultations and Deliberations
Negotiating Plans
Personnel Management and Administrative Plans
Exceptions to the Exemption

Access to Information Regimes in Other Jurisdictions

Canadian Regimes
Foreign Regimes

The Rationale for Protecting Information Relating to "Operations of Government"
Change - Strategic Options
Change - Specific Possibilities

An injury test, public interest test, or both?
Expand the list of non-exempt records in subsection s2(2)?
Define "advice" and "recommendations?
Reduce the period of protection from 20 years?
Limit the exemption to decision-making at the political level?
Limit paragraph 21(1)(a) to advice and recommendations from officials?
Reduce protection for plans that are not implemented, or are rejected?
Amend section 21 to extend protection to records prepared by consultants?

Conclusion