Measurement and Assessment of Access to Information By Sandra George, Director, Systemic Issues and Policy Office of the Information Commissioner of Canada Rutgers University Newark, May 19, 2011 1

Assessing performance for greater compliance Our methodology has evolved over the years from a single indicator to an array of qualitative and quantitative indicators Multi-facetted approach: individual investigations, systemic investigations, report cards 2

Role of the Information Commissioner of Canada Agent of Parliament that scrutinizes the federal government in relations to the Access to Information Act Primary function is to investigate complaints The Commissioner can initiate an investigation The Commissioner is responsible for making recommendations to the relevant institutions But has no order-making powers Recommendations can only be enforced by the federal court system 3

Report cards methodology The purpose of the report cards is not to shame underperforming institutions but to make constructive recommendations for improvement From 1999 to 2007, results were primarily statistically-based (rates of deemed refusals), with isolated, anecdotal case review Changes were made for the 2007-2008 report cards exercise (questionnaire, assessment methodology, vehicle used to report the results to Parliament) 4

Report cards methodology (cont’d) Questionnaire Interviews Internal reports Three-year plan 5

Systemic issues Leadership: successful access to information program depends, above all, on leadership Delegation: Should not cause delays. Systemic investigation into delays launched in May 2010 to look at delays stemming from inappropriate and ill-enforced delegation orders Time extensions: numerous instances of institutions using illegitimate time extensions. Limited checks and balances on the use and length of time extensions. The powers of the OIC in this regard are limited 6

Systemic issues (cont’d) Consultations: challenge because the institution in receipt of the request remains responsible for completing the request within the statutory timelines. No incentive in law or in policy for the consulted institution to respond quickly Information & record management: outmoded, inconsistent or inefficient records management practices and systems are slowing down the process of finding and retrieving records Resources: difficulty to attract and retain qualified staff to work in access to information. The Commissioner recommended to the government to urgently implement a human resources action plan to address the shortage 7

2008-2009 Report Cards 8

Conclusion The publication of balanced and accurate performance information is a critical element of holding public bodies accountable to their citizenry The inclusion of both statistical information and interactive interrogation has resulted in a rich database upon which the OIC can base its assessments Being subject to a report card is sometimes difficult for institutions to go through. However, they can reap numerous benefits stemming from a renewed engagement by senior management 9

Office of the Information Commissioner of Canada www.oic-ci.gc.ca 10