Proactive Disclosure

Proactive disclosure is the government's publication of information without waiting for an access-to-information request. Its purpose is to promote transparency and accountability. In Canadian federal procurement, it means publishing information about contracts, contract amendments, standing offers and supply arrangements under the applicable legislative and policy requirements. The Open Government proactive disclosure page is the public entry point for this material.

The requirement rests on Part 2 of the Access to Information Act, including sections 77 and 86, and on the Treasury Board Directive on Proactive Publication Under the Access to Information Act. For procurement, the mandatory procedures in the Treasury Board procurement policy framework add specific disclosure and reporting duties. The requirement applies to government entities and ministers' offices covered by Part 2 of the Act.

What federal contract disclosure covers

The Government of Canada publishes information on contracts valued at more than $10,000. It also publishes amendments that increase or decrease a contract's value by more than $10,000. A positive amendment that raises a contract initially valued at $10,000 or less to a value above $10,000 is published as well. Contract values used for these tests include applicable taxes. The Open Government contracts search lets anyone look up the published records.

Treasury Board guidance requires quarterly disclosure of contracts over $10,000 and of specified positive or negative amendments over $10,000. The details are set out in the Treasury Board guidance on proactive disclosure of contracts. Public Services and Procurement Canada maintains the Government of Canada's public contract-search service that carries this information.

Standing offers and supply arrangements

A standing offer agreement and a supply arrangement agreement are not procurement contracts in themselves. The federal government still requires them to be disclosed for transparency purposes. Treasury Board policy instruments describe these requirements, including the standing offer and supply arrangement disclosure requirements. Suppliers that hold these instruments should expect the existence of the agreement to be public information.

How National Defence generates its disclosure data

The Department of National Defence and the Canadian Armed Forces use the Contract Data Management System to generate proactive-disclosure information. DND/CAF instructions require contracting personnel to enter contract and amendment information into that system within 30 working days of the contract award or amendment date. The process is described in a DND internal audit of consulting contracts.

The DND/CAF process covers new and amended goods-and-services contracts, regardless of value, awarded by or on behalf of DND/CAF. That includes contracts awarded by Public Services and Procurement Canada and call-ups against standing offers and supply arrangements.

National-security exceptions and disclosure

Using a national-security exception does not remove the disclosure obligation. Public Services and Procurement Canada states that applying such an exception does not by itself eliminate the department's proactive-disclosure obligation. The Access to Information Act provides limited discretion regarding disclosure. PSPC explains its position in briefing materials on proactive disclosure of COVID-19 related contracts.

What proactive disclosure means for a supplier

A supplier generally does not publish its own federal contract disclosure. The contracting department or contracting authority is responsible for reporting and publication. A supplier should still expect relevant contract information to become public when a contract or amendment falls within the disclosure rules. Published records can show who holds contracts, what they are worth and how they have been amended, so bid teams can use the contracts search to review incumbents and past awards. Suppliers should also keep in mind that a national-security designation on a contract does not by itself remove the disclosure obligation.