The Columbia Institute nurtures leadership for inclusive, - - PowerPoint PPT Presentation

The Columbia Institute nurtures leadership for inclusive, sustainable communities.

Keith Reynolds is a policy analyst who has

worked at all three levels of government, for two public sector unions and as a private consultant. His work has been deeply focused on municipal services and finance, on broader issues related to privatization and on government transparency.

Inform, Inspire, Connect

Research streams

Public finance Local economy Green economy Governance / Democracy / Inclusion

Public finance

contribute effectively to the everyday life of Canadians. Yet, without increased transparency, Canadians will never know if this is true.”of

• Canadians. Yet, without increased

transparency, Canadians will never know if this is true.”

Existing barriers to public access to information for privately delivered public services

• Trade secrets
• Confidential financial information
• Commercial secrets
• Scientific or technical information
• Information that could damage the

completive position of a third party

• Information supplied in confidence
• Cabinet secrets

The FOI Act (Federal)

• Statutory prohibitions against disclosure
• 24 (1) The head of a government

institution shall refuse to disclose any record requested under this Act that contains information the disclosure of which is restricted by or pursuant to any provision set out in Schedule II.

• 69 (1) This Act does not apply to

confidences of the Queen’s Privy Council for Canada

C‐44 ‐ An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures

• 28 (1) Subject to subsection (2), all information
• btained by the Bank, by any of the Bank’s

subsidiaries or by any of the subsidiaries of the Bank’s wholly‐owned subsidiaries in relation to the proponents of, or private sector investors or institutional investors in, infrastructure projects is privileged and a director, officer, employee, or agent

• r mandatary of, or adviser or consultant to, the

Bank, any of its subsidiaries, or any of the subsidiaries of its wholly‐owned subsidiaries must not knowingly communicate, disclose or make available the information, or permit it to be communicated, disclosed or made available.

C‐44 ‐ An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures

• 45 Despite any other Act of Parliament, any privilege

under the law of evidence, solicitor‐client privilege

• r the professional secrecy of advocates and notaries

and litigation privilege, the Court may, in the course

• f any proceedings before it arising from an

application under section 41, 42 or 43, examine any information recorded in any form under the control

• f a government institution, other than a confidence
• f the Queen’s Privy Council for Canada to which

subsection 70(1) applies, and no information that the Court may examine under this section may be withheld from the Court on any grounds.

Three recommendations to government that would improve transparency into the private delivery of public services.

• 1. Private entities delivering

substantial public functions or services, or receiving substantial government funding to carry out public functions or services, should be subject to access to information legislation.

• 2. Canadian jurisdictions should

adopt a policy of prompt and full proactive disclosure of all procurement records, including preliminary analyses, business case documents, successful and unsuccessful bids, evaluations of bids, and contracts.

• 3. Canadian jurisdictions should move

to a discretionary standard for the release of information that has gone before cabinets or cabinet

• committees. Information

commissioners should be given access to these documents and the ability to rule on whether such documents should be released.