Further to the previous recommendation, the Commissioner also notes in her report that there is some confusion amongst board members as to the status of their records with respect to the ATIPP Act. She recommends, in her report, that the act be amended to clarify that board members are considered public employees for the purpose of the act, and that all records generated by them in the course of their duties are subject to the act.

The Commissioner also recommends that board members be given instruction as to the collection, use and disclosure of information and the records that come into their possession in their roles as board members. She recommends that a protocol be developed with respect to how boards and individual board members are required to deal with records created, obtained or received in the course of their work on such boards. The committee supports this recommendation.

Given that the proper management of a record throughout its lifecycle is necessary to adequately respond to an access to information request, and to ensure personal information is properly managed, it is absolutely crucial to have procedures in place for records management at the board level. Again, the committee notes that it may be appropriate to consider records management procedures and protocols within the context of the boards and agencies governance framework.