A-2.1, r. 2 - Regulation respecting the distribution of information and the protection of personal information

Section 4 Disposition versions

2023-09-22

4. A public body must distribute the following documents and information through a website, insofar as the information has been made accessible by law:

(1)  the organization chart;

(2)  the names and titles of the management staff or officers, excluding managers in categories 6 to 9 covered by the Directive concerning the classification and management of senior staff positions and their holders (630), adopted by (C.T. 219127, 2018-04-10) and amended by (C.T. 222925, 2020-09-29) and (C.T. 223583, 2021-02-23) (Recueil des politiques de gestion 2-2-2-1) or according to the necessary modifications if the Directive does not apply to the management staff or officers;

(3)  the name of the person in charge of access to documents and the protection of personal information and that person’s contact information;

(4)  the document classification plan required under the second paragraph of section 16 of the Act or, as the case may be, the classification list required by the first paragraph of that section;

(5)  an inventory of its personal information files established under section 76 of the Act;

(6)  the register established under section 67.3 of the Act;

(7)  the studies, research or statistical reports produced by or for the public body, whose distribution is of interest for the purposes of public information;

(8)  the documents sent under a request for access, together with the anonymized decision of the person in charge of access to documents, except for documents containing

(a)  personal information, unless the information is considered public information within the meaning of section 55 of the Act;

(b)  information supplied by a third person within the meaning of section 23 or 24 of the Act; and

(c)  information whose communication must be refused under section 28, 28.1, 29 or 29.1 of the Act;

(9)  the public registers expressly required by law for which the public body is responsible;

(10)  a description of the services offered and programs implemented by the public body, and the related forms;

(11)  the statutes, regulations, codes of ethics, directives, policies and other documents of a similar nature administered by the public body and used by it to render decisions concerning the rights of citizens;

(12)  the draft regulations published in the Gazette officielle du Québec under section 8 of the Regulations Act (chapter R-18.1) for which the public body is responsible;

(13)  the information pertaining to the contracts entered into by the public body and referred to in section 22 of the Act respecting contracting by public bodies (chapter C-65.1);

(14)  a list of its financial commitments sent to the secretary of the Conseil du trésor and forwarded by the secretary to the National Assembly, in accordance with paragraph 7 of section 5 of the Directive concernant certains engagements de 25 000 $ et plus et les règles relatives aux paiements faits sur le fonds consolidé du revenu adopted by (C.T. 128500, 1980-08-26) and amended by (C.T. 150150, 1984-04-17), (C.T. 167860, 1988-06-14), (C.T. 186210, 1994-11-01), (C.T. 189886, 1997-02-11), (C.T. 210425, 2011-07-07), (C.T. 211305, 2012-04-03), (C.T. 212782, 2013-06-18) and (C.T. 215535, 2015-10-06) (Recueil des politiques de gestion 9-2-4-2);

(15)  the documents produced and tabled by the public body, in accordance with the Standing Orders of the National Assembly, for the purposes of a public meeting of the National Assembly or one of its committees or subcommittees, including those included in the list established under section 58 of the Standing Orders;

(16)  the total travel expenses:

(a)  for the personnel of the public body;

(b)  for the office staff of a minister;

(17)  the information pertaining to travel expenses in Québec for each of the activities of a minister or the holder of a full-time senior position within the public body, invoiced directly to the public body or paid by that person and reimbursed by the public body, namely:

(a)  for a minister:

i.  the name and position of the minister who travelled;

ii.  the date of travel;

iii.  the city or municipality of travel;

iv.  the purpose of travel;

v.  the travel expenses incurred for the use of a public or a chartered means of transport;

vi.  where applicable, the amount of the lump sum allowance or the lodging and meal expenses; and

vii.  the amount and a description of other related expenses;

(b)  for the holder of a full-time senior position:

i.  the name and position of the holder of a full-time senior position who travelled;

ii.  the date of travel;

iii.  the city or municipality of travel;

iv.  the purpose of travel;

v.  the travel expenses incurred for the use of a public or a chartered means of transport and, as the case may be, a personal vehicle;

vi.  where applicable, the amount of the lump sum allowance or the lodging and meal expenses; and

vii.  the amount and a description of other related expenses;

(18)  the information pertaining to travel expenses outside Québec for each of the activities of a minister or the holder of a full-time senior position within the public body, invoiced directly to the public body or paid by that person and reimbursed by the public body, namely:

(a)  the name and position of the person who travelled;

(b)  the date of travel;

(c)  the city or municipality of travel;

(d)  the purpose of travel;

(e)  the travel expenses incurred for the use of a public or a chartered means of transport and, as the case may be, a personal vehicle;

(f)  the name and position of the persons accompanying them, namely, the members of the personnel of the public body and the office staff, and the total travel, lodging, meal and other related expenses for these persons;

(g)  as the case may be, the amount of the lump sum allowance or the lodging and meal expenses of the Minister or the holder of a full-time senior position;

(h)  the amount and a description of other related expenses; and

(i)  when travelling outside Canada, the fees related to meeting halls and the services of a photographer or an interpreter, and the mission reports;

also indicating, where applicable, the expenses that are borne by another public body and which public body;

(19)  for each executive vehicle of a minister or the holder of a full-time senior position within the public body:

(a)  the leasing costs;

(b)  the amount of the gasoline expenses;

(c)  the amount of the maintenance expenses;

(20)  the information pertaining to each official expense of an executive secretary or the holder of a full-time senior position within the public body and, namely, the name and position of the person concerned, a description of each expense, the date and the cost;

(21)  the information pertaining to the expenses for each hospitality activity held in accordance with the Règles sur les réceptions et les frais d’accueil (R.R.Q., 1981, c. A-26, r. 24), amended by (C.T. 142182, 1982-12-14), (C.T. 153400, 1984-10-30), (C.T. 161313, 1986-06-10) and (C.T. 186210, 1994-11-01) (Recueil des politiques de gestion 6-1-3-2), namely, a description of the activity, the date, the cost and the number of expected participants;

(22)  the information pertaining to the expenses for each attendance, by a member of the personnel of a public body, at a training activity, a conference or a convention, namely, the name of the administrative unit to which the member of the personnel belongs, the date, place and a description of the training conference or convention, and the registration cost;

(23)  the information pertaining to training contracts, namely, the name of the supplier and the amount of the contract, and, for each training activity, a description, the date and place, and the number of expected participants;

(24)  the following information pertaining to publicity and promotion contracts, namely, contracts for the distribution of printed material such as advertising signs or posters, or the distribution of publicity in magazines, in newspapers, on radio, on television or on the Internet:

(a)  the date of the contract;

(b)  the name of the supplier;

(c)  a description of the contract;

(d)  the amount of the contract;

(25)  the information pertaining to mobile telecommunication contracts, namely, the name of the supplier and the types of devices, and, for each type of device, the number of active cell plans in circulation, the number of cell plans in reserve, the acquisition costs and the monthly service costs;

(26)  the information pertaining to each subsidy granted under the discretionary budgets of a minister, namely, the name of the beneficiary, the project concerned, the amount granted and the electoral division in which the principal residence or establishment of the beneficiary is located;

(27)  the information pertaining to each lease of space occupied by the public body, namely, the address, the name of the lessor, the leased area and the annual amount of rent;

(28)  a list of the annual salaries, indemnities and allowances of ministers, executive secretaries and holders of full-time senior positions within the public body.

As regards travel in Québec and outside Québec referred to in subparagraphs 17 and 18 of the first paragraph, a Government agency with a commercial purpose whose mission is to manage funds and investments, including the Caisse de dépôt et placement du Québec and Investissement Québec, is required to distribute only the following information, within 45 days following the end of each quarter, in connection with the expenses incurred during the quarter:

(a)  the name and position of the holder of a full-time senior position who travelled;

(b)  the total amount of transportation expenses of the holder of a full-time senior position;

(c)  the total amount of meal and lodging expenses of the holder of a full-time senior position;

(d)  the total amount of other expenses related to travel by the holder of a full-time senior position;

(e)  the number of trips in Québec and outside Québec by the holder of a full-time senior position;

(f)  where applicable, the number of companions who travelled outside Québec, and the total travel, lodging, meal and other related expenses for those persons.

A public body is not required to distribute the information referred to in subparagraphs 23 to 25 of the first paragraph in the case of a contract involving confidential or protected information within the meaning of subparagraph 3 of the first paragraph of section 13 of the Act respecting contracting by public bodies or a contract for which no waiver of professional secrecy has been obtained.

The documents or information referred to in subparagraphs 1 to 9 and 16 to 27 must be accessible directly on the website of the public body. Those referred to in the other subparagraphs may be accessible through a hyperlink to another website.

Despite the foregoing, a public body is not required to distribute the documents listed in subparagraphs 7, 14 and 15 of the first paragraph produced before 29 November 2009.

A public body is also not required to distribute the documents referred to in subparagraph 8 sent before 29 November 2009.

A public body holding a register referred to in subparagraph 9 is not required to distribute the information filed in the register before 29 November 2009.

For the purposes of this section,

“minister” means a person who is part of the Conseil exécutif within the meaning of section 4 of the Executive Power Act (chapter E-18);

“holder of a full-time senior position” means one of the following persons carrying on his or her duties on a full time basis and for whom the Government determines remuneration and other conditions of employment:

(a)  the Secretary-General of the Conseil exécutif, an associate secretary-general or a deputy secretary of the Conseil exécutif, the secretary of the Conseil du trésor, an assistant or associate secretary of the Conseil du trésor, a deputy minister or an assistant or associate deputy minister, or a person hired under contract to hold one of those positions;

(b)  a delegate-general, delegate or head of delegation;

(c)  the chief executive officer or a vice-president of a public body.

O.C. 408-2008, s. 4; O.C. 107-2015, s. 1; O.C. 1011-2022, s. 2.

2015-04-01

4. A public body must distribute the following documents and information through a website, insofar as the information has been made accessible by law:

(1)  the organization chart;

(2)  the names and titles of the management staff or officers, excluding managers in categories 6 to 10 covered by Directive concerning the classification and management of senior staff positions and their holders (630) adopted by (C.T. 198195, 2002-04-30) and amended by (C.T. 200154, 2003-09-09), (C.T. 203042, 2005-11-29), (C.T. 203658, 2006-05-01), (C.T. 210771, 2011-11-08), (C.T. 211151, 2012-03-13), (C.T. 211453, 2012-05-15) and (C.T. 213307, 2013-10-29) (Recueil des politiques de gestion 2-2-2-1) or according to the necessary modifications if the Directive does not apply to the management staff or officers;

(3)  the name of the person in charge of access to documents and the protection of personal information and that person’s contact information;

(4)  the document classification plan required under the second paragraph of section 16 of the Act or, as the case may be, the classification list required by the first paragraph of that section;

(5)  an inventory of its personal information files established under section 76 of the Act;

(6)  the register established under section 67.3 of the Act;

(7)  the studies, research or statistical reports produced by or for the public body, whose distribution is of interest for the purposes of public information;

(8)  the documents sent under a request for access, together with the anonymized decision of the person in charge of access to documents, except for documents containing

(a)  personal information, unless the information is considered public information within the meaning of section 55 of the Act;

(b)  information supplied by a third person within the meaning of section 23 or 24 of the Act; and

(c)  information whose communication must be refused under section 28, 28.1, 29 or 29.1 of the Act;

(9)  the public registers expressly required by law for which the public body is responsible;

(10)  a description of the services offered and programs implemented by the public body, and the related forms;

(11)  the statutes, regulations, codes of ethics, directives, policies and other documents of a similar nature administered by the public body and used by it to render decisions concerning the rights of citizens;

(12)  the draft regulations published in the Gazette officielle du Québec under section 8 of the Regulations Act (chapter R-18.1) for which the public body is responsible;

(13)  the information pertaining to the contracts entered into by the public body and referred to in section 22 of the Act respecting contracting by public bodies (chapter C-65.1);

(14)  a list of its financial commitments sent to the secretary of the Conseil du trésor and forwarded by the secretary to the National Assembly, in accordance with paragraph 7 of section 5 of the Directive concernant certains engagements de 25 000 $ et plus et les règles relatives aux paiements faits sur le fonds consolidé du revenu adopted by (C.T. 128500, 1980-08-26) and amended by (C.T. 150150, 1984-04-17), (C.T. 167860, 1988-06-14), (C.T. 186210, 1994-11-01), (C.T. 189886, 1997-02-11), (C.T. 210425, 2011-07-07), (C.T. 211305, 2012-04-03) and (C.T. 212782, 2013-06-18) (Recueil des politiques de gestion 9-2-4-2);

(15)  the documents produced and tabled by the public body, in accordance with the Standing Orders of the National Assembly, for the purposes of a public meeting of the National Assembly or one of its committees or subcommittees, including those included in the list established under section 58 of the Standing Orders;

(16)  the total travel expenses:

(a)  for the personnel of the public body;

(b)  for the office staff of a minister;

(17)  the information pertaining to travel expenses in Québec for each of the activities of a minister or the holder of a full-time senior position within the public body, invoiced directly to the public body or paid by that person and reimbursed by the public body, namely:

(a)  for a minister:

i.  the name and position of the minister who travelled;

ii.  the date of travel;

iii.  the city or municipality of travel;

iv.  the purpose of travel;

v.  the travel expenses incurred for the use of a public or a chartered means of transport;

vi.  where applicable, the amount of the lump sum allowance or the lodging and meal expenses; and

vii.  the amount and a description of other related expenses;

(b)  for the holder of a full-time senior position:

i.  the name and position of the holder of a full-time senior position who travelled;

ii.  the date of travel;

iii.  the city or municipality of travel;

iv.  the purpose of travel;

v.  the travel expenses incurred for the use of a public or a chartered means of transport and, as the case may be, a personal vehicle;

vi.  where applicable, the amount of the lump sum allowance or the lodging and meal expenses; and

vii.  the amount and a description of other related expenses;

(18)  the information pertaining to travel expenses outside Québec for each of the activities of a minister or the holder of a full-time senior position within the public body, invoiced directly to the public body or paid by that person and reimbursed by the public body, namely:

(a)  the name and position of the person who travelled;

(b)  the date of travel;

(c)  the city or municipality of travel;

(d)  the purpose of travel;

(e)  the travel expenses incurred for the use of a public or a chartered means of transport and, as the case may be, a personal vehicle;

(f)  the name and position of the persons accompanying them, namely, the members of the personnel of the public body and the office staff, and the total travel, lodging, meal and other related expenses for these persons;

(g)  as the case may be, the amount of the lump sum allowance or the lodging and meal expenses of the Minister or the holder of a full-time senior position;

(h)  the amount and a description of other related expenses; and

(i)  when travelling outside Canada, the fees related to meeting halls and the services of a photographer or an interpreter, and the mission reports;

also indicating, where applicable, the expenses that are borne by another public body and which public body;

(19)  for each executive vehicle of a minister or the holder of a full-time senior position within the public body:

(a)  the leasing costs;

(b)  the amount of the gasoline expenses;

(c)  the amount of the maintenance expenses;

(20)  the information pertaining to each official expense of an executive secretary or the holder of a full-time senior position within the public body and, namely, the name and position of the person concerned, a description of each expense, the date and the cost;

(21)  the information pertaining to the expenses for each hospitality activity held in accordance with the Règles sur les réceptions et les frais d’accueil (R.R.Q., 1981, c. A-26, r. 24), amended by (C.T. 142182, 1982-12-14), (C.T. 153400, 1984-10-30), (C.T. 161313, 1986-06-10) and (C.T. 186210, 1994-11-01) (Recueil des politiques de gestion 6-1-3-2), namely, a description of the activity, the date, the cost and the number of expected participants;

(22)  the information pertaining to the expenses for each attendance, by a member of the personnel of a public body, at a training activity, a conference or a convention, namely, the name of the administrative unit to which the member of the personnel belongs, the date, place and a description of the training conference or convention, and the registration cost;

(23)  the information pertaining to training contracts, namely, the name of the supplier and the amount of the contract, and, for each training activity, a description, the date and place, and the number of expected participants;

(24)  the following information pertaining to publicity and promotion contracts, namely, contracts for the distribution of printed material such as advertising signs or posters, or the distribution of publicity in magazines, in newspapers, on radio, on television or on the Internet:

(a)  the date of the contract;

(b)  the name of the supplier;

(c)  a description of the contract;

(d)  the amount of the contract;

(25)  the information pertaining to mobile telecommunication contracts, namely, the name of the supplier and the types of devices, and, for each type of device, the number of active cell plans in circulation, the number of cell plans in reserve, the acquisition costs and the monthly service costs;

(26)  the information pertaining to each subsidy granted under the discretionary budgets of a minister, namely, the name of the beneficiary, the project concerned, the amount granted and the electoral division in which the principal residence or establishment of the beneficiary is located;

(27)  the information pertaining to each lease of space occupied by the public body, namely, the address, the name of the lessor, the leased area and the annual amount of rent;

(28)  a list of the annual salaries, indemnities and allowances of ministers, executive secretaries and holders of full-time senior positions within the public body.

As regards travel in Québec and outside Québec referred to in subparagraphs 17 and 18 of the first paragraph, a Government agency with a commercial purpose whose mission is to manage funds and investments, including the Caisse de dépôt et placement du Québec and Investissement Québec, is required to distribute only the following information, within 45 days following the end of each quarter, in connection with the expenses incurred during the quarter:

(a)  the name and position of the holder of a full-time senior position who travelled;

(b)  the total amount of transportation expenses of the holder of a full-time senior position;

(c)  the total amount of meal and lodging expenses of the holder of a full-time senior position;

(d)  the total amount of other expenses related to travel by the holder of a full-time senior position;

(e)  the number of trips in Québec and outside Québec by the holder of a full-time senior position;

(f)  where applicable, the number of companions who travelled outside Québec, and the total travel, lodging, meal and other related expenses for those persons.

A public body is not required to distribute the information referred to in subparagraphs 23 to 25 of the first paragraph in the case of a contract involving confidential or protected information within the meaning of subparagraph 3 of the first paragraph of section 13 of the Act respecting contracting by public bodies or a contract for which no waiver of professional secrecy has been obtained.

The documents or information referred to in subparagraphs 1 to 9 and 16 to 27 must be accessible directly on the website of the public body. Those referred to in the other subparagraphs may be accessible through a hyperlink to another website.

Despite the foregoing, a public body is not required to distribute the documents listed in subparagraphs 7, 14 and 15 of the first paragraph produced before 29 November 2009.

A public body is also not required to distribute the documents referred to in subparagraph 8 sent before 29 November 2009.

A public body holding a register referred to in subparagraph 9 is not required to distribute the information filed in the register before 29 November 2009.

For the purposes of this section,

“minister” means a person who is part of the Conseil exécutif within the meaning of section 4 of the Executive Power Act (chapter E-18);

“holder of a full-time senior position” means one of the following persons carrying on his or her duties on a full time basis and for whom the Government determines remuneration and other conditions of employment:

(a)  the Secretary-General of the Conseil exécutif, an associate secretary-general or a deputy secretary of the Conseil exécutif, the secretary of the Conseil du trésor, an assistant or associate secretary of the Conseil du trésor, a deputy minister or an assistant or associate deputy minister, or a person hired under contract to hold one of those positions;

(b)  a delegate-general, delegate or head of delegation;

(c)  the chief executive officer or a vice-president of a public body.

O.C. 408-2008, s. 4; O.C. 107-2015, s. 1.

2012-09-01

4. A public body must distribute the following documents and information through a website, insofar as the information has been made accessible by law:

(1)  the organization chart;

(2)  the names and titles of the management staff or officers, excluding managers in categories 6 to 10 covered by Directive concerning the classification and management of senior staff positions and their holders (T.B. 198195, 2002-04-30) or according to the necessary modifications if the Directive does not apply to the management staff or officers;

(3)  the name of the person in charge of access to documents and the protection of personal information and that person’s contact information;

(4)  the document classification plan required under the second paragraph of section 16 of the Act or, as the case may be, the classification list required by the first paragraph of that section;

(5)  an inventory of its personal information files established under section 76 of the Act;

(6)  the register established under section 67.3 of the Act;

(7)  the studies, research or statistical reports produced by or for the public body, whose distribution is of interest for the purposes of public information;

(8)  the documents sent under a request for access, whose distribution is of interest for the purposes of public information;

(9)  the public registers expressly required by law for which the public body is responsible;

(10)  a description of the services offered and programs implemented by the public body, and the related forms;

(11)  the statutes, regulations, codes of ethics, directives, policies and other documents of a similar nature administered by the public body and used by it to render decisions concerning the rights of citizens;

(12)  the draft regulations published in the Gazette officielle du Québec under section 8 of the Regulations Act (chapter R-18.1) for which the public body is responsible;

(13)  the information pertaining to the contracts entered into by the public body and referred to in section 22 of the Act respecting contracting by public bodies (chapter C-65.1);

(14)  a list of its financial commitments sent to the Comptroller of Finance and forwarded by the Comptroller to the National Assembly, in accordance with paragraph 7.1 of section 5 of Directive No. 4-80 concerning requests for commitment certification, certain commitments of $25,000 or more and payment orders (T.B. 128500, 80-08-26); and

(15)  the documents produced and tabled by the public body, in accordance with the Standing Orders of the National Assembly, for the purposes of a public meeting of the National Assembly or one of its committees or subcommittees, including those included in the list established under section 58 of the Standing Orders.

The documents or information referred to in subparagraphs 1 to 9 must be accessible directly on the website of the public body and those referred to in the subsequent subparagraphs may be accessible through a hyperlink to another website.

Despite the foregoing, a public body is not required to distribute the documents listed in subparagraphs 7, 14 and 15 of the first paragraph produced before 29 November 2009.

A public body is also not required to distribute the documents referred to in subparagraph 8 sent before 29 November 2009.

A public body holding a register referred to in subparagraph 9 is not required to distribute the information filed in the register before 29 November 2009.

O.C. 408-2008, s. 4.