1. 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

2. 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

3. 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

4. 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 report cards exercise (questionnaire, assessment methodology, vehicle used to report the results to Parliament) 4

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

6. 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

7. 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

8. Report Cards 8

9. 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

10. Office of the Information Commissioner of Canada 10