Evidence of meeting #7 for Access to Information, Privacy and Ethics in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was requests.
A recording is available from Parliament.
4:05 p.m.
NDP
4:05 p.m.
Information Commissioner, Office of the Information Commissioner of Canada
No, I am not. That's called an exclusion under our statute. I have to say I'm highly uncomfortable with that. I think virtually all my colleagues in the provinces have access to cabinet confidences. In New Zealand, as you'll see—that's a recommendation I make—they proactively post a whole bunch of cabinet decisions and the commissioner has full right of regard.
That's not so much ordering cabinet confidences to be disclosed, but I have to accept the government's word. I get a certificate from the clerk that says this is cabinet confidence and I can't see it. So there's no third-party review.
4:10 p.m.
Liberal
4:10 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
Thank you very much.
Commissioner, I am looking at table 2, complaints closed in 2007-08. It says at the bottom in a note that there was an increase of 1,070 new complaints. Then I look over here at table 1, which lists by institution the number of complaints, and I see here that the Canadian Broadcasting Corporation was responsible for 536 of those complaints.
The reason I point this out is that it would appear that half the new complaints can be attributed to one new institution that was just recently added. Now, I don't say that to blame CBC or any other institution. I think it's reasonable to expect that any institution that is newly added to the act is going to face an inordinate number of complaints in the first years of implementation. As such, I wonder if you can comment on whether or not the unprecedented addition of 69 new institutions under coverage by the Access to Information Act might be responsible for the increase we see.
4:10 p.m.
Information Commissioner, Office of the Information Commissioner of Canada
The short answer is yes. A large part of the increase in 2007-08 is due to the larger number of institutions that came under purview of the act. However, that's not the only cause. In the case of CBC, they were subjected in their first month under the statute to a large volume of requests by one requester who subsequently filed a large number of complaints related thereto.
That, if you like, kind of skews the statistics a little bit. However, the trend this year for 2007-09 is roughly the same. Despite this one sort of large number, there is still a curve going up that's going to take us in well over 2,000 complaints this year.
4:10 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
Sure. Fair enough. I recognize there are many complaints that are not going to be legitimate, so I'm not suggesting that all 500 complaints attributed to the CBC are necessarily founded complaints. However, I'm just pointing to the fact that there are 69 new institutions added. I think what I extract from your answer is that you agree this was at least a large and significant contributing factor to the increase in overall complaints.
Secondly, I look at the number of requests processed. Here I note, looking at.... Do you have the same table, sir, on page 2? Actually, sorry, I don't think we have the same page references. I'm looking at the table of the number of requests processed. It shows the progression from 2002 through to 2008. Am I correct in pointing out there has been an increase of 38% in the number of complaints processed in that five-year span?
4:10 p.m.
Information Commissioner, Office of the Information Commissioner of Canada
Number of complaints or requests?
4:10 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
I meant to say requests processed. These are access to information requests that were processed.
4:10 p.m.
Information Commissioner, Office of the Information Commissioner of Canada
Yes. Those are the Info Source statistics that show a roughly 36% increase in the volume of requests over six years, which is an average of 6% per year. That seems to be roughly the same figure for 2007-08 and it looks like it's going to be the same figure for 2008-09. So there isn't the same kind of curve, if you like, on the number of requests processed or number of requests filed as there is with complaints, which are up 142%.
If I may, I should add to your previous question, which relates to why there are so many more complaints. The Federal Accountability Act changed the complaint period in the statute, narrowing it to 60 days from one year. So part of this increase is also due to requesters filing complaints much earlier, in anticipation that they would miss their window. But we've not yet been able to say it's X or Y. It's a mix of things.
4:15 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
In a sense, a complainant might file a complaint before a complaint might be necessary in order to avoid missing the deadline.
4:15 p.m.
Information Commissioner, Office of the Information Commissioner of Canada
That's it.
4:15 p.m.
Conservative
Pierre Poilievre Conservative Nepean—Carleton, ON
So I think that we need to put these numbers into perspective. One, there are 69 new institutions added for which complaints could be made--CBC being an example, taking up half of the new complaints by itself, and it's only one of 69. Two, we've had a 38% increase in the number of requests that are processed in the last five to six years. So when we're dealing with larger volumes, that explains the change in numbers in part.
I would also like to look at the response times. A lot of noise has been made by critics about the increase of about half a percentage point in the number of requests that are not completed within 30 days. Originally, in 2006-07, it was 57.2% that were not completed in 30 days, and a year later it was 57.8%, so an increase of 0.6%.
I would note conversely, however, that the number that did get treated within 60 days increased by 2.1%. So while there was a very marginal reduction in the number that occurred within the 30 days, there was actually an improvement if you extend to a 60-day window. Is that not correct?
4:15 p.m.
Information Commissioner, Office of the Information Commissioner of Canada
Well, it's difficult to.... I'm not sure we're on the same page of statistics, but I make it almost a 20% increase in the proportion that was completed between 31 and 60 days, and a slight decrease beyond. Our report cards confirm, at least for those ten institutions--and it's hard to extrapolate it to the entire government, but for those ten institutions--that extensions are up about 30%, 35%.
So the total statistics that are published in Info Source--I'm not saying they're wrong, but because they take the whole system in. If you look at CIC, Citizenship and Immigration Canada, they represent a full third of all of the requests filed under access to information. So you almost have to extrapolate them right out of the equation in order to get a fairer evaluation of those performances.
4:15 p.m.
Liberal
The Chair Liberal Paul Szabo
Thank you.
Before I move on to Madame Simson, Commissioner, with regard to the ten departments that were included in the report card, the Department of Justice had the highest rating, in fact the highest possible rating. Are there any elements or characteristics of the manner in which they approach access to information, or other factors that we may not be aware of, that would indicate to you, relative to the other nine, why their performance is so good?
4:15 p.m.
Information Commissioner, Office of the Information Commissioner of Canada
In the case of the Department of Justice, I would say it's two issues. They invested in resources and training, and they have established memorandums of understanding with some 18 institutions on consultations because they're one of the departments that get consulted a lot. But the biggest component in my evaluation is effective leadership. I know from talking to the minister, having had ratings of F for three years in a row, they decided that, as the Department of Justice, they should be at the top of the list.
March 4th, 2009 / 4:15 p.m.
Liberal
Michelle Simson Liberal Scarborough Southwest, ON
Thank you.
Welcome, Mr. Marleau. I really appreciate the opportunity to ask a few questions. I think mine are along the lines of the compliance issue.
I did read your report, and I had a specific concern with respect to the fact that, as you say, your role is one to process but there is nothing that.... Essentially, you can be turned down for the information yourself. So really, your department doesn't have a lot of teeth; it's an ombudsman-type organization. Correct?
4:20 p.m.
Information Commissioner, Office of the Information Commissioner of Canada
Yes, it is. But just to be clear, I can't be turned down to have access to information myself.
4:20 p.m.
Information Commissioner, Office of the Information Commissioner of Canada
I have full access. I can't order its disclosure. The Federal Court can, if I take the case to the court. But, yes, I'm an ombudsman.
You raised the issue of having no teeth. The statute has no teeth.
4:20 p.m.
Liberal
4:20 p.m.
Information Commissioner, Office of the Information Commissioner of Canada
The compliance model is weak.
4:20 p.m.
Liberal
Michelle Simson Liberal Scarborough Southwest, ON
Yes. And an area of concern for me is the compliance issue.
You have access to the information, but if one of the institutions refuses to provide the information to the requester, with their permission you make the application to Federal Court.
Now, is there any cost to the requester for that service and that support?
4:20 p.m.
Information Commissioner, Office of the Information Commissioner of Canada
No, and that is one of the strong aspects of this statute, that those costs are borne by my office and at no cost to the requester.
If you look at the U.S. model, for instance, there is no ombudsman. There is an appeal process within a department. But if you go to the court in the U.S., you have to fund your own way. And some of the large media outlets are finding it very expensive to pursue the government on access on freedom of information in the U.S.
It's one of the big advantages, and it's one that I think we should keep.
4:20 p.m.
Liberal
Michelle Simson Liberal Scarborough Southwest, ON
Now, in terms of the cases that go unresolved, how many cases would require your intervention or application to Federal Court to try to get the information for the requester, on average?
