Archived - Access to Information Guidelines - Preparation of a Certificate for the Commissioner
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1. Introduction
In order to assist the Information Commissioner in conducting an investigation all government institutions covered by the Access to Information Act are now required to prepare a Certificate, in the circumstances outlined in Section 2 below, using the Model Letter A (for all cases not involving a Discussion Paper) or Model Letter B (for all cases involving a Discussion Paper), copies of which are attached as Appendices to these Procedures.
Depending on the type of records involved, you will note in the procedures that follow, that either the Minister of a government institution or the Clerk of the Privy Council shall sign the Certificate.
2. Process
A government institution shall prepare a Certificate using Model Letter A (for all cases not involving a Discussion Paper) or Model Letter B (for all cases involving a Discussion Paper) when the Information Commissioner has made a formal request in writing for a Certificate to the Minister of the government institution or the Clerk of the Privy Council.
When a request is received for a Certificate by a government institution from the Information Commissioner the request shall be referred immediately to the Access to Information Co-ordinator who will contact the legal advisor within the government institution to prepare the reply. If there is any doubt concerning the preparation of the Certificate the legal advisors shall consult with Counsel, Privy Council Office.
3. Time Limits
A government institution shall prepare a Certificate for the Information Commissioner within thirty (30) days from the date his or her request is received by the government institution. If it is necessary to extend this time limit, the government institution shall inform the Information Commissioner and the Clerk of the Privy Council by letter.
4. Form
The government institution shall prepare a Certificate using Model Letter A or Model Letter B and if there is any doubt concerning the preparation of the Certificate, the legal advisors of the government institution shall consult Counsel, Privy Council Office.
It is not necessary to prepare a covering letter for Model Letter A or Model Letter B; the Certificate itself is sufficient.
5. Signature
The Minister shall sign the Certificate only in the following cases:
| Type of Document | Paragraph of Section 69 that applies |
|---|---|
| (i) Discussion Papers | 69(1)(b) |
| (ii) Ministerial correspondence originating from or forwarded to the Minister of the government institution | 69(1)(d) |
| (iii) Briefing notes prepared for the Minister of the government institution | 69(1)(e) |
| (iv) Documents that contain information about the contents of a record under paragraphs 69(1)(b), 69(1)(d) or 69(1)(e) | 69(1)(g) |
| (v) Departmental submissions to the Treasury Board | 69(1)(a), 69(1)(d) |
The President of the Treasury Board shall sign the Certificate in all cases where a record originates from or was produced by Treasury Board, including a Decision letter, Treasury Board Minutes, etc., including records that are under paragraph 69(1)(g).
The Clerk of the Privy Council shall sign the Certificate in all other cases not specifically listed above, under paragraph 6 or 7, including:
| Type of Document | Paragraph of Section 69 that applies |
|---|---|
| (i) Memorandum to Cabinet | 69(1)(a) |
| (ii) Draft legislation | 69(1)(f) |
| (iii) Records of Decision and agenda | 69(1)(c) |
| (iv) Documents that contain information about the contents of a record under paragraph 69(1)(a), 69(1)(f) or 69(1)(c) | 69(1)(g) |
| (v) Other documents | 69(1) |
6. Privy Council Office
When a request is received by a government institution from the Information Commissioner, the legal advisors of the government institutions shall decide if the request is one where the Clerk of the Privy Council is required to sign the Certificate and, if so, the legal advisors shall refer the request directly to Counsel, Privy Council Office, no later than three (3) days after the request has been received by the government institution (Refer to paragraphs 6, 7 and 8 of these Guidelines).
Once a Certificate to be signed by a Minister has been prepared, a copy shall be forwarded to Counsel, Privy Council Office at the same time as a copy is forwarded to the Information Commissioner.
7. Access to Records
The Information Commissioner shall not have access to or examine any of the records in question and copies of the records shall not be attached to the Certificate or forwarded under separate cover to the Information Commissioner.
The contents of the record should be described as indicated in Model Letter A or Model Letter B and if there are any questions concerning descriptions of the records legal advisors of the government institutions should consult with Counsel, Privy Council Office.
Appendix A - Letter for Use in Cases Not Involving a Discussion Paper
Office of the Information Commissioner,
Tower B, Place de Ville,
112 Kent Street,
Ottawa, Ontario.
K1A 1H3
Re: Access request #
(insert file number)
Dear _____:
I certify that the document dated _____, 19__ (insert date of document) which is the subject of Access request #____________ (insert file number) and for which you have requested a Certificate in your letter of _________, 19__ (insert date of letter of Information Commissioner) is a confidence of the Queen's Privy Council for Canada within the meaning of paragraph 69(1) __________ (indicate paragraph of section 69 that applies or, alternatively, if the document is covered by subsection 69(1) generally, indicate "subsection 69(1)" instead of "paragraph 69(1)_____") of the Access to Information Act as it is a __________ (here insert a brief description of the document from Appendix C, such as "memorandum the purpose of which is to present recommendations to Council").
I further certify that the document in question has not been in existence for more than twenty years and it is not a discussion paper as described in paragraph 69(1)(b) of the Access to Information Act.
__________________________________
The Honourable __________________________________
Minister __________________________________
(or Clerk of the Privy Council)
Appendix B - Letter for Use in Cases Involving a Discussion Paper
Office of the Information Commissioner,
Tower B, Place de Ville,
112 Kent Street,
Ottawa, Ontario.
K1A 1H3
Dear _____:
I certify that the document dated _____, 19__ (insert date of document) which is the subject of Access request #____________ (insert file number) and for which you have requested a Certificate in your letter of _________, 19__ (insert date of letter of Information Commissioner) is a confidence of the Queen's Privy Council for Canada within the meaning of paragraph 69(1)(b) of the Access to Information Act as it is a discussion paper the purpose of which is to present (specify background explanations, analysis of problems or policy options) to Council for consideration by Council in making decisions.
I further certify that the document in question has not been in existence for more than twenty years and it is not a discussion paper to which paragraph 69(3)(b) of the Access to Information Act applies.
__________________________________
The Honourable __________________________________
Minister __________________________________
(or Clerk of the Privy Council)
Appendix C - Model List
Options
- Where the document is a memorandum to Cabinet insert:
memorandum the purpose of which is to present (here specify either proposals or recommendations) to Council.
- Where the document is a Discussion Paper insert:
discussion paper the purpose of which is to present (here specify background explanations, analyses of problems or policy options) to Council for consideration by Council in making decisions.
- Where the document is an Agenda or Record of Discussion, etc. insert:
agenda of Council recording (here specify deliberations or decisions) of Council
or
record recording (here specify deliberations or decisions) of Council.
- Where the document is a letter between Ministers insert:
record (specify the type of document such as letter, etc.) (specify used for or reflecting) (specify communications or discussions) between Ministers of the Crown on matters relating to (specify the making of government decisions or the formulation of government policy).
- Where the document is a briefing note insert:
record (specify the type of document such as a memorandum or letter, etc.) the purpose of which is to brief Ministers of the Crown in relation to matters (here specify if it is before Council or proposed to be brought before Council or if it is the subject of communications or discussion as provided under paragraph (d)).
- Where the record is a draft legislation insert:
draft legislation.
- Where the record contains information about another record under paragraphs (a) to (f) insert:
record (specify the type of document such as memorandum or letter, etc.) that contains information about the contents of (specify, for example, if it is a memorandum the purpose of which is to present proposals to Council as described in paragraph 69(1)(a)).
Appendix D - Model Schedule
- Letter to:
From:
Date:
Proposal: Exclude 69(1)( )
- Treasury Board Submission
Date:
Proposal: Exclude 69(1)(a)
- Briefing Note to:
From:
Date:
Proposal: Sever
Page 11 - first paragraph 69(1)( )
Exclude Page 13 69(1)( )