Proposed amendments to Bill 22, the Management of Information Act received second reading today in the House of Assembly, and include the introduction of a “Duty to Document” provision.
Duty to Document is a requirement for government departments and public bodies to create and maintain complete and accurate records of important decisions. Under the proposed amendments, government departments and public bodies would be required to undertake mandatory annual reporting to the Chief Information Officer. These reports will include information regarding public body compliance.
The proposed amendments also include an offence provision for non-compliance, including fines of not more than $10,000 or imprisonment for a term not exceeding six months, or both.
In preparation for implementing the Duty to Document provision, the Office of the Chief Information Officer has modified its Information Management Policy Framework to provide supportive policy, training, education, and awareness materials to assist departments and public bodies in their implementation of any new requirements. The framework will include a definition of “important decision,” as well as provide examples to public bodies to illustrate what an important decision would be based on their mandate.
The requirement to manage all records created and received by over 160 departments and public bodies already exists within the Government of Newfoundland and Labrador, and the Office of the Chief Information Officer already has rigorous processes in place for managing documents and records. These amendments will keep step with current industry practices in information management, and will modernize the language, processes, roles and responsibilities.
Newfoundland and Labrador will be the second jurisdiction in Canada to include a Duty to Document provision. British Columbia was the first.
With the exception of a minor update in 2008, the Management of Information Act has not been substantially reviewed since its creation in 2005. In response to the Muskrat Falls Inquiry recommendations from Justice Richard LeBlanc, government announced it would make changes to the Act, including adding a Duty to Document provision. This was also a recommendation from the 2014 Access to Information and Protection of Privacy Act Review Committee chaired by the Honourable Justice Clyde Wells. It was also referenced in the 2020 Access to Information and Protection of Privacy Act Review by Justice David Orsborn.
The personal/constituency records of Members of the House of Assembly and political parties will be exempt from the legislation.
Quote
“It’s imperative that public bodies appropriately document important decisions. With Bill 22, Newfoundland and Labrador will join British Columbia as the only provinces requiring public bodies to manage their records in this way. Bill 22 also introduces a financial penalty for those who willfully damage or withhold documents in contravention of the Act and directives.”
Honourable Sarah Stoodley
Minister Responsible for the Office of the Chief Information Officer
-30-
Learn more
Provincial Government Releases Report on the Muskrat Falls Inquiry
Report of the 2014 Statutory Review Access to Information and Protection of Privacy Act
Office of the Chief Information Officer
Follow us on Twitter @GovNL and @DGS_GovNL