The provincial government is introducing changes to the Management of Information Act, creating a new duty to document.
In this case, duty to document means public bodies must create and maintain complete and accurate records of important decisions, such as those related to development and implementation of government policies, programs, and services, the commitment and use of resources for a public body’s mandate, and other actions taken by a public body to fulfill their mandate as set out in a directive by the Chief Information Officer.
All government departments and other public bodies subject to the new legislation will be required to report on duty to document annually to the Chief Information Officer, and the minister responsible will report to the House of Assembly annually on compliance.
Those who do not comply could face up to $10,000 in fines or a six month jail term.
Questions have been raised about how the new rules will be enforced, given that the onus will be on the various departments and bodies to ensure that appropriate information is documented and then submitted.
Minister Sarah Stoodley says the Office of the Chief Information Officer are not investigators, stressing that the head of a public body has the legal obligation to make sure they are following the rules.
She notes that responsibility would also fall on deputy ministers and the clerk within core government. She says investigations can be carried out in the case of fraud, and the department of justice and various policing bodies could help in doing that work.
The amendments to the legislation received second reading in the House of Assembly today, and once fully approved will come into effect January 1.
Privacy Commissioner’s Response
Photo: Michael Harvey, Privacy Commissioner via @OIPCNL)
Meanwhile, the office of the Information and Privacy Commissioner has identified a number of concerns related to the new Duty to Document Bill.
The Privacy Commission expressed three fundamental concerns with the draft document back in the fall of 2022—names that it exempts the entire Cabinet decision-making process, has no independent oversight, and does not create a mandatory duty to document due to the discretionary nature afford to the Chief Information Officer.
In a release issued this morning, the Office of the Information and Privacy Commissioner says the proposed Bill does not address those concerns. The office says given the importance of the subject, they are sharing those concerns publicly to assist with debate of the Bill in the House of Assembly.
