CHAPTER 3 OVERVIEW OF THE CANADIAN GOVERNMENT GEOGRAPHIC DATA DISSEMINATION ENVIRONMENT

3.1 Socio-Economic Benefits of Government Geographic Data

Government geographic data is a commodity that transcends clearly delineated fields of human endeavour. Once the preserve of a selected group of individuals and institutions, it has, through innovative, cross-cutting, functional applications, surreptitiously pervaded every aspect of Canadian society; and such permeation will undoubtedly increase given the rapid development and proliferation of distributed computing and the Internet.

Government geographic data has, through its various uses, applications and transmutations, assumed a prominent role in Canadian society. It has transformed the way Canadians purchase goods and services, communicate with public and private institutions and access emergency assistance. It has modernized the conduct of government affairs by facilitating citizen consultation and participation in the development of public policy. By inviting transformative applications, it has stimulated the rapid development of innovative products, fuelled the development and advancement of a new sector of Canadian industry and increased research and development opportunities.

Government geographic data dissemination is intrinsic to the functions of a modern representative government in an innovation-driven economy

The dissemination of government geographic data is inseparable from the nature and functions of a representative government supportive of an innovation-driven economy.

As articulated in the Government of Canada’s Innovation Agenda, Connecting Canadians, and Speeches from the Throne, access to government information, including geographic data, is crucial in fostering learning and cultural awareness, citizen engagement in democratic processes, and in bolstering economic growth and job creation by spurring innovation.

3.2 Federal Statutory & Policy Frameworks on Dissemination

The federal government has established statutory and policy frameworks supporting the overarching

objectives of citizen engagement, citizen empowerment and promotion of economic growth and job creation through innovation.

3.2.1 Federal Statutory Framework

Statutes that generally influence dissemination of government geographic data include:

the Access to Information Act,
http://laws.justice.gc.ca/en/A-1/8.html
which provides a right of access to information in records under the control of a government institution, in accordance with the principles that government information should be available to the public, necessary exceptions to the right of access should be limited and specific and that exceptions to the release of information under the control of government institutions should be reviewed independently of government. Pursuant to the Act,
- information contained in government data sets which meets the definition of a ‘record’ is subject to the provisions of the Access to Information Act. A ‘record’ is defined in the Access to Information Act as including ‘any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy thereof’;
- database information available to the public, whether in paper form or electronically, is considered published and is thus excluded from the provision of the Act; and
- electronic dissemination initiatives are means to making information readily available via desirable informal means.
Accessibility to information under the control of government institutions is not restrained by the imposition of user fees. Fees may properly be imposed, subject to compliance with enabling statutes, the User Fees Act and various other statutes and policies.
the Copyright Act,
http://laws.justice.gc.ca/en/c-42/text.html
which stipulates that copyright to any work (term which encompasses original geographic data sets) produced:
- by employees of the government in the course of their employment; or
- under the direction or control of the government
belongs to the government, subject to an agreement with the author to the contrary. The government, as owner of the copyright in the work, has the exclusive right to use the work in any manner and to grant rights to the work to private and public users/organizations.
the Financial Administration Act
http://laws.justice.gc.ca/en/f-11/text.html
providing the overall statutory framework for government financial transactions including those related to information dissemination.
Legal authority to impose fees for access to government databases can be derived from the general provisions of section 19 of the Financial Administration Act, dealing with services and the use of facilities. It must be noted however that section 19 applies only where the fees and charges do not exceed the cost to the department of providing the information or related services. Where fees and charges exceed the cost of providing the service, specific authority by the government (i.e., a Cabinet Directive) may be required.

Beyond the Financial Administration Act, fees may be prescribed under the department's or program's constituting legislation, or pursuant to each Minister's inherent authority to enter into contracts. See also the User Fees Act, discussed below.
the Official Languages Act,
http://laws.justice.gc.ca/en/o-3.01/text.html
which:
- likens published data sets to any other publications, requiring dissemination in both official languages; and
- includes provisions related to the presentation of the information on screens and paper reports.
the User Fees Act,
S.C. 2004, c.6
which requires federal departments, before fixing or increasing external user fees or before expanding the application of or increasing the duration of user fees, to:
- consult stakeholders;
- establish standards comparable to those established by other countries with which a comparison is relevant;
- establish an independent advisory panel to report recommendation for resolving complaints on the proposed user fees; and
- table, through their responsible Minister, a user fee proposal in each House of Parliament.

The User Fees Act applies only to fees, charges or levies fixed pursuant to the authority of an act of Parliament. Fees set as a result of the exercise of a Minister's inherent authority to contract do not trigger the User Fees Act.

Other Statutes: Departmental statutes may contain specific direction and authority for disseminating information. In some cases, specific references to information products in specific media (paper) are made. In other cases, the references are more generic as they relate to information products and services and the medium of distribution.

3.2.2 Federal Policy Framework

The administrative framework governing the dissemination of Government geographic data is also composed of a plethora of policies and directives emanating from central agencies and individual geographic data producing departments and agencies. Those directed by Treasury Board include the following:

Communications Policy of the Government of Canada, [9]
http://www.tbs-sct.gc.ca/pubs_pol/sipubs/comm/comm_e.asp
which articulates government policy that:
- information services must be managed in a citizen-centered and client-focused manner that achieves results for Canadians;
- timely and convenient access to government information and services must be available to all;
- information for public use must be disseminated or readily available in all regions of Canada, using all practical forms of media;
- information in all formats must be well-identified as being from the Government of Canada according to the requirements of the Federal Identity Program;
- institutions must invest in communications technology which achieves efficiencies in the preparation, accessibility and dissemination of information; and
- institutions must facilitate public access to government information holdings, irrespective of publishing medium.

Information that:

is needed by individuals to make use of a service or program for which they are eligible;
explains the rights, entitlements and obligations of individuals;
consists of personal information requested by the individual to who it concerns;
informs the public about dangers or risks to health, safety or the environment;
is required for public understanding of a major new priority, law, policy, program or service; or
is requested under the Access to Information Act and fees are waived at the discretion of the head of the institution,

must be provided free of charge.

Publications that do not meet those requirements may be priced.

Enhancing Services through the Innovative Use of Information and Technology
http://www.tbs-sct.gc.ca/pubs_pol/ciopubs/im-gi/im2_e.asp
that:
- reiterates the significant role of Government as an information-intensive service provider; and
- highlights the linkages and interdependencies between innovative use of information and technology in the delivery of Government products, services and information and excellence of service and client-service orientation.
Policy on Service Standards for External Fees
http://www.tbs-sct.gc.ca/pubs_pol/opepubs/TB_H/crp_e.asp
requiring that the provision of services external to the federal government, for which fees are charged, be accompanied with service standards that are measurable and relevant at the level of the paying stakeholder.
Policy on the Management of Government Information,
http://www.tbs-sct.gc.ca/pubs_pol/ciopubs/im-gi/siglist_e.asp
that requires that specific measures be implemented to ensure:
- that information under the control of the Government of Canada is managed effectively and efficiently; and
- the quality, consistency and availability of information sharing and re-use of information.
Policy on the Use of Electronic Networks,
http://www.tbs-sct.gc.ca/pubs_pol/ciopubs/TB_CP/uen_e.asp
that:
- mandates deputy heads to institute and implement policies and practices that promote the appropriate use of government electronic networks and provides guidance in relation thereto; and
- authorizes monitoring of electronic networks for specific purposes.
Retention of Royalties and Fees from the Licensing of Crown-Owned Intellectual Property,
http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/ContPolNotices/ip_retention_ royalties_e.asp
authorizing departments and agencies to receive, through Supplementary Estimates, an annual appropriation equal to all revenues arising from the licensing of Crown-owned intellectual property which the department or agency remitted to the Consolidated Revenue Fund in the previous fiscal year. Such appropriation is intended for use toward the costs associated with incentive awards for technology transfer and other technology transfer activities undertaken by the department or agency.
Further directives and guidelines pertaining to the dissemination of government information holding such as geographic data may also be found in:
the Common Look and Feel for the Internet,
http://www.cio-dpi.gc.ca/clf-upe/index_e.asp
that provides recommendations for standards and includes guidelines for implementation on departmental intranets, extranets and other electronic networks;
the Government of Canada Internet Guide,
http://canada.gc.ca/programs/guide/3_1_4e.html,
which advocates universal design and the inclusion of alternate accessibility mechanisms to ensure that Government web sites are developed to serve the largest possible audience using the broadest range of hardware and software platforms; and
the Practical Guide on Databases for Managers,
http://www.tbs-sct.gc.ca/pubs_pol/ciopubs/TB_OIMP/GUIWP_e.asp
that discusses some of the key factors and issues involved in typical electronic dissemination initiatives and provides guidance on how to deal with typical obstacles and how to approach some of the key decisions.

3.2.3 Federal Mandates and Internal Policies

Dissemination of government geographic data is not only encouraged and facilitated by the general statutory and administrative frameworks on dissemination of government information. It is also, in the case of several science-based federal departments and agencies, enshrined in legislative mandates and directed through various internal policies to support specific goals of:

cost recovery
quality preservation
promotion; and/or
recognition

3.3 Provincial/Territorial Statutory & Policy Frameworks on Dissemination

[TO BE COMPLETED THROUGH CONSULTATION WITH CANADIAN COUNCIL ON GEOMATICS ]

3.4 Evaluation of Current Approaches to Data Dissemination

While all producers of government geographic data are required to operate within the parameters of their respective statutory and administrative dissemination frameworks, lack of central, integrated interpretative guidance has resulted in inconsistencies in the implementation of key governmental policies.

Disparate governmnetal dissemination practises result in inefficiencies and dissatisfaction of data users.

Current approaches to the dissemination of government geographic data have led to a number of unintended negative outcomes. The wide variety of terms of use, fee structures, attribution and reporting requirements has, at times, thwarted attempts to assemble and use government geographic data for applications spanning jurisdictions or requiring different geographic themes as input. Very often, the data required for such applications can be obtained only through negotiation with different government jurisdictions, or different departments within a single jurisdiction, with each one taking a different approach to the dissemination and licensing of the data in its possession. Such situations frustrate innovation and arguably run counter to overarching government policy objectives of encouraging the wider use and benefit of government geographic data.

The results of detailed analysis and discussion on geographic data dissemination policy and the review of dissemination and licensing practices commonly used across Canada have indicated that the complexity of the current government geographic data dissemination environment in Canada stems from the lack of a coordinated approach to dissemination and licensing of such data.

In Canada, notwithstanding the myriad of licensing terms attaching to access rights to government geographic data, it is generally conceded that there are only three broad types of licence arrangements in which users and producers of government geographic data engage, namely:

an arrangement whereby there are no or few restrictions on use and further distribution of the licensed geographic data. Such an arrangement is usually evidenced by an unrestricted use licence agreement.
an arrangement whereby the government grants access rights to its geographic data, while retaining significant control over the manner in which it is used (usually prohibiting further distribution). Such arrangement is crystallized by the terms and conditions contained in an end-user licence agreement; or
an arrangement specifically allowing distribution of the government geographic data, prescribing distribution requirements, reporting obligations, modifications to the licensed data and fees and royalty schemes. Such an arrangement is usually described in a distributor agreement.

The distribution arrangements are therefore relatively simple. What varies tremendously however, and is at the core of the frustrations expressed in relation to the dissemination of government geographic data, is the legal expression of those arrangements and the contractual terms that support the dissemination.

3.5 Towards the Future: The Development of Best Practices in Government Data Licensing

Government-wide integrated approach involving the creation of communities of practice, streamlined dissemination practices and increased use of standard license agreements.

In order to reduce the complexity of government geographic data licensing practices, concerted effort should be expended to develop an integrated approach to the distribution of government geographic data. Such an integrated framework cannot, however, be designed haphazardly. Its development needs to be achieved through an articulation of the values and objectives for the various types of licensing arrangements in common use across government, and must reflect an appreciation of the continuum of objectives underlying government geographic data dissemination policy.

Further, it requires the creation of functional and representative communities of practice advancing discussion of issues, developing and sustaining practices that support both the policy and objective of integrated dissemination and licensing of government geographic data and the sharing of best practices. It must also include a concerted action aimed at streamlining licensing practices, with a view to improving internal efficiencies, increasing productivity and enhancing decision-making and resource management, beneficial to both users and creators of government geographic data.

An essential component of an integrated framework for the dissemination and licensing of government geographic data includes the promotion and general use of model licence agreements for the dissemination of government geographic data, consistent with the overall policy and objectives of dissemination of government holdings.

The following chapters discuss the fundamentals of government licensing and provide model clauses to be used in the context of an integrated approach to the dissemination and licensing of government geographic data.