The Office of the Information Commissioner of Canada Presentation by Suzanne Legault Interim Access to Information Commissioner Library of Parliament October 30, 2009

Freedom of Information Freedom of information is essential to achieve the goal of transparent and accountable government. The federal Access to Information Act came into force in 1983. In Canada, it is a quasi-constitutional statute. Internationally, access to information is recognized as a fundamental human right: basic principles of the Right to Know acknowledged by the UN Special Rapporteur in 1999.

Canada’s Access to Information Act (ATIA) – A snap shot Complements existing means of obtaining information – presumption in favour of disclosure Written requests to be made by Canadian citizens or permanent residents $5 application fee Federal institutions to provide response within 30 days Extensions may be applied Limitations in the form of exemptions and exclusions Does not apply to MPs or their offices

What We Do Investigate complaints from individuals who believe their rights under the Act have not been met Formal investigative powers to obtain evidence Make recommendations to institutions on the resolution of complaints No order-making power Pursue judicial review before the Federal Court

Parliamentarians Various ways to get information held by federal institutions Parliamentary returns (coordinated by PCO): Order Paper written questions (45 calendar days) Petitions tabled during Routine Proceedings (45 calendar days) Motions for the Production of Papers (no set timeline) Senate Written Questions (45 calendar days, not mandatory) Require Minister’s signature Access to information request (30 days +) Through Library of Parliament (typically 2 weeks)

Parliamentary Committees Standing Committee on Access to Information, Privacy and Ethics: Mandate includes “the review of and report on the effectiveness, management and operation together with the operational and expenditure plans relating to the Information Commissioner” Advisory Panel on the Funding and Oversight of Officers of Parliament: Mandate includes considering funding requests from Officers of Parliament and recommend funding levels to the Treasury Board

Types of complaints registered (2008-2009) 34,029 requests received by federal institutions (over 250). 2,018 complaints received by the Office: About 6% of all requests become complaints.

New Business Model

Systemic Issues Getting at the root causes of the problems Engaging Parliament and central agencies Three-year plan published in July Report Cards 2007-2008: 30 days no longer the rule but the exception 6 out of 10 institutions reviewed performed below average Importance of leadership on performance Report Cards 2008-2009: Will provide fact-based evidence about the magnitude of delays in responding to requests Findings will be tabled in Parliament by the end of the fiscal year Systemic investigation into use and duration of time extensions

Current Challenges The ATIA lags behind provincial, territorial and international standards. The compliance model inherent in the Act is weak. The ATIA has remained static in a dynamic environment of massive technological changes, which have completely transformed the information landscape. Citizens expectations: now demand instant information at the tip of their fingers. Knowledge-based economy. Information has become a currency.

Priorities as Interim Commissionner Focus on investigations: Operationalize the business model (fair, timely, effective treatment of complaints) Fully use all the tools available to investigate complaints Continue to build partnerships with all stakeholders to maximize effectiveness

Right to Know Week Purpose Raise awareness of people’s right to access government information Promote freedom of information as essential to democracy and good governance History RTK Day began September 28, 2002 in Sofia, Bulgaria. Now celebrated globally and continues to grow In Canada Numerous activities at the federal, provincial and territorial levels www.righttoknow.ca