On December 17, 2015, Yukon government began reviewing the Access to Information and Protection of Privacy (ATIPP) Act.
A comprehensive review ensures that Yukon’s act meets current and future needs of Yukon government, accommodates modern digital technologies and addresses information management and privacy issues.
Yukoners will have several opportunities to learn more about the ATIPP Act and provide input into the review process.
This will include a public education campaign to establish a base of knowledge and gather broad, preliminary input.
The first phase of the public consultation began in June 1, 2016 and closed on July 31, 2016. An extensive public consultation on the proposed changes will then take place in early 2017.
The Legislative Assembly approved several amendments to the act.
The purpose of the amendments was to
(ATIPP Act, section 69)
A provision now calls for a comprehensive review of the act to be undertaken every six years and a report tabled in the Legislative Assembly within one year of that review.
Scope of Application of the ATIPP Act
(Designation of Public Body Regulation, sections 3, 27 and 68)
The regulation explicitly adds the following institutions as public bodies subject to the act.
A transitional amendment under subsection 27(3) requires the Minister for the Department of Highways and Public Works to report to the Legislative Assembly within 18 months from the approval of the act (spring session 2011) “respecting the development or amendment of a regulation … in regards to
a. designation of bodies as public bodies; and
b. criteria to be used for designating a public body or deleting a body that has been designated as a public body”.
Stopping the Clock
(ATIPP Act, section 11)
The processing of a request can be suspended whenever the records manager seeks clarification from an applicant or requests a decision to be made regarding the payment of fees to process a request.
(ATIPP Act, section 12)
The records manager now has discretion to allow for a second extension of 30 days for the public body to respond, if the request made by the public body for extending the response deadline is reasonable. This allows the public body a maximum extension of 60 days, if the situation meets the conditions set out in section 12 and has the support of the records manager.
Under subsection 6.1, there is also a provision for the records manager to declare a request abandoned if the applicant does not respond to a request for further information or for payment within 30 days after being contacted.
(Access to Information Regulation, subsection 9(2))
An amendment to the Access to Information Regulation creates a photocopying threshold under which no charges are levied for a request. Responses which involve less than $25.00 of photocopying will be free to applicants. Responses where final costs exceed $25.00 will be charged in full.
(Access to Information Regulation, section 9)
The records manager now has additional discretion to approve a waiver of fees to be paid if the request is for one’s own personal information and “waiving the fees would be reasonable and fair in the circumstances.”
Disclosure Harmful to Intergovernmental Relations
(ATIPP Act, section 20)
Some changes were made to this section to clarify provisions regarding information related to negotiations and/or subsequent arrangements with First Nation governments and other First Nations that are either trans-boundary or do not have a land claims agreement in place.
Clarification of the Role of Yukon’s Information and Privacy Commissioner (IPC)
(ATIPP Act, section 43)
The IPC may now authorize a public body to disregard a request if the request can be deemed “frivolous or vexatious" and “repetitious or systematic”.
Other changes have been made to further clarify the IPC’s responsibilities and to correct some errors in the act.
Phone: (867) 393.7048
1 800 661 0408 ext. 7048 (in Yukon, NWT and Nunavut)
Fax: (867) 393.6916
Main Administration Building
2071 Second Avenue
Box 2703 (W-10)
Whitehorse, YT Y1A 2C6