Bill 164 – Act respecting access to certain documents held by the Conseil exécutif or intended for the Conseil exécutif | Protecteur du Citoyen
March 13, 2018

Bill 164 – Act respecting access to certain documents held by the Conseil exécutif or intended for the Conseil exécutif

Corps

In a letter to the Committee on Institutions, the Québec Ombudsman commented on a specific aspect of Bill 164 – Act respecting access to certain documents held by the Conseil exécutif or intended for the Conseil exécutif.

One of the proposed amendments to the Act respecting access to documents held by public bodies and the Protection of personal information introduced by Bill 164 could have a substantial impact on the investigations conducted by the Québec Ombudsman pursuant to the Act to facilitate the disclosure of wrongdoings relating to public bodies. Under this Act, the Québec Ombudsman is empowered to investigate wrongdoing relating to a government department or public agency committed or about to be committed by public servants or other persons.

The Québec Ombudsman wants to ensure that the proposed amendments to the Act respecting access to documents held by public bodies and the Protection of personal information do not generate negative consequences in terms of its public integrity mandate by limiting its capacity to obtain the information required for conducting audits and investigations into certain wrongdoings. This is why it deems it important to share its reading of these amendments with the members of the Committee tasked to study the Bill.