Terms of Reference

The Access to Information and Protection of Privacy Act, SNL2002, c. A-1.1 (“ATIPPA”) was proclaimed into force on January 17, 2005, with the exception of Part IV.  Part IV was subsequently proclaimed on January 16, 2008.  In 2010, the first legislative review of ATIPPA resulted in amendments that came into force on June 27, 2012. A second legislative review was initiated in 2014 and resulted in the adoption of the Access to Information and Protection of Privacy Act, 2015, SNL2015, c.A-1.2 (“ATIPPA, 2015”) in June 2015.

Pursuant to section 117 of ATIPPA, 2015, the Minister of Justice and Public Safety, as Minister responsible for the Act, is required to refer the legislation to a committee for the purpose of: (1) undertaking a comprehensive review of the provisions and operation of the Act or part of it after the expiration of not more than 5 years after the coming into force of the Act or part of it and every 5 years thereafter; and (2) to review the list of provisions in Schedule A to determine the necessity for their continued inclusion in Schedule A.

The Committee shall terminate its work and deliver its final report to the Minister of Justice and Public Safety on or before March 31, 2021. (Subsequently amended to on or before June 30, 2021)

Review Committee (“Committee”)

The Committee reviewing the legislation shall consist of retired Supreme Court Justice David B. Orsborn who shall complete the review independent of the Government of Newfoundland and Labrador.

Mandate

The comprehensive review of the provisions and operation of the ATIPPA, 2015 will include, but will not be limited to, an examination of the following issues:

  • Public and public body experience in using and administering the ATIPPA, 2015 to access information in the custody or control of public bodies in Newfoundland and Labrador and opportunities for improvement;
  • Whether there are any categories or types of information (personal information or otherwise) that require greater protection than the ATIPPA, 2015 currently provides;
  • Public body response times for access requests and whether the current ATIPPA, 2015 requirements for response and administrative times are effective;
  • An examination of exceptions to access as set out in Part II, Division 2 of the Act;
  • Whether there are any additional uses or disclosures of personal information that should be permitted under the Act;
  • An examination of the complaints process to the Office of the Information and Privacy Commissioner;
  • An examination of the request for extensions/disregards process to the Office of the Information and Privacy Commissioner;
  • Whether the current Cost Schedule set in accordance with subsection 25(6) of ATIPPA, 2015 is effective;
  • Whether there are any entities which would not appear to meet the definition of “public body” but which should be subject to the ATIPPA, 2015;
  • Whether the provisions of the ATIPPA, 2015 are effective for local government bodies; and
  • Consideration of Recommendations 3, 4, and 16 arising from the Report issued by the Honourable Richard D. LeBlanc, Commissioner of the Commission of Inquiry Respecting the Muskrat Falls Project, dated March 5, 2020, and report on conclusions with respect to those recommendations.

Stakeholders

The Committee may receive written submissions and/or conduct consultations with interested parties, including but not limited to the Office of the Information and Privacy Commissioner; the general public; media; public bodies, including local government bodies; and, ATIPP Coordinators.

Public consultation sessions may be scheduled at the discretion of the Committee. In consultation with the Communications and Public Engagement Branch, consideration will be given to the use of alternate methods of consultation that promote the engagement of interested parties, regardless of regional location (e.g. online surveys, etc).