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

2. 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.

3. 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

4. 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

5. 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)

6. 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

7. 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.

8. New Business Model

9. Systemic Issues Getting at the root causes of the problems
Engaging Parliament and central agencies
Three-year plan published in July
Report Cards :
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 :
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

10. 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.

11. 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

12. 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