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Access to Information and Protection of Privacy Act

Presentation to Independent Statutory Review Committee

June 25, 2014

Vaughn Hammond; Director of Provincial Affairs, NL

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Overview

Section 27

Parts V and VI

ATIPPA Regulations

Implications for small business

Transparency and accountability

Recommendations

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Section 27

Changes made it easier to refuse information with no reason provided

Different test to be met

Same standard of proof under amended section

“Reasonable expectation of possible harm”

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Parts V and VI

Lengthy process that may hinder pursuit of information

Requires substantial human and financial resources

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ATIPPA Regulations

Need to find a way to reduce the number of exceptions

Currently 24 pieces of legislation that have separate confidentiality clauses

The various Acts treat confidentiality somewhat differently

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Transparency and Accountability

Internal procedures exist and assurances needed that they are followed

Government bodies have a responsibility to disclose what they spend on goods and services

Dealing with public sector is a “cost of doing business”

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Implications for small business

Clarity in the rules and legislation

Reasonable expectation that transactions with government bodies will be made public

A difference exists between lower valued contracts and higher valued contracts

Not an easy process to navigate

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Recommendations

8

Revisit the section 27 exemptions and the applicable test

Re-consider the number of legislative exceptions provided in the regulations

Ensure an appropriate balance of government accountability and business practice

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Discussion / Questions