With that, I think we can start with our regular business.
Good afternoon. Thank you for asking me to appear today. I am here with Layla Michaud, Chief Financial Officer and Director General of the Corporate Services Branch.
Mr. Chair, I would like to tell you briefly about the work my office has been doing to support transparency and accountability during my term as information commissioner. I am doubtful, however, that I can sustain this important contribution to Canadian democracy given the volume of work and the financial situation the office is currently facing.
As you know, the Access to Information Act establishes the Office of the Information Commissioner of Canada as the first level of independent review of government decisions about releasing information under the act. Requesters who are not satisfied with how institutions handled their access request have the right to complain to my office. And in turn, I have a legal obligation to investigate all complaints that fall under the act. The information commissioner has no discretion when it comes to investigations. The office must investigate all complaints.
Because of the work of my office, Canadians often receive more information than institutions were originally willing to release. I also help requesters get information more quickly. After the Lac-Mégantic tragedy, for example, I was able to secure much earlier releases of information then Transport Canada had originally proposed.
Since 2009-10, I have looked at all my investigative and business processes to identify efficiencies. I significantly improved how my team handles complaints. As a result, we have closed more than 10,000 complaints since I have become commissioner. This is the volume of work that rests with the OIC. Most of these complaints were resolved without the need to resort to the Federal Court, which is the second level of review under the act. For the remaining unresolved cases, my legal team has litigated these matters before the courts with the consent of complainants.
Over the years, I have also made recommendations to the President of the Treasury Board on various ways to advance accountability and transparency. I am very pleased that most of these recommendations over the years have been implemented by the government.
Through the last four years, I also found better ways to carry out crucial financial and governance functions. I did internal reallocations to provide maximum support to investigations.
I have been able to achieve these accomplishments as my budget was decreasing. The reality now is that I have 11% less money to do the work than I did when I started. Then, last fiscal year, we faced a 30% increase in the number of complaints, which has brought the organization to a crisis point. Despite our closing 10% more files again last year than in the previous year, the inventory of complaints grew by 16%. That was the first such increase since I have been commissioner or interim commissioner for the last five years.
In addition to having an investigative team stretched to the limit, I have no financial flexibility to augment my investigative capacity, or to set aside for contingencies. My budget is so tight that last year I lapsed $37,000 at the end of the year. Therefore, I have no money to respond to unforeseen circumstances. For instance, if one of the servers breaks down at the OIC, I will not be able to replace it. There is not enough money.
This is the situation that we are facing now. Obviously, I will have to take action.
The situation will simply get worse, Mr. Chair, since both the number of complaints and the financial pressures will continue to grow.
Unless my budget is increased, I have only one option going into the next fiscal year to keep within my appropriations: to cut the program.
This is not a decision I take lightly. My independent oversight role is crucial to the access to information system, which is itself the foundation of transparency and accountability.
The government has identified these as priorities. The work I and my office do is crucial to its being able to meet them.
But as the workload grows, the gap between when I receive files in the office and when they can be assigned to investigators is increasing. The resulting delays are already jeopardizing the right to access. Requesters will have to wait even longer to get information. This, in turn, will delay their rights to pursue their matters through the Federal Court, if they wish to do so, since they must wait until the investigation of the OIC is completed before exercising their right to go to court.
For instance, Mr. Chairman, at this time the delay between receiving a file and assigning a file varies between six and seven months, so this will increase even more. Such developments are the last thing I want to see for Canadians, who have a right to timely access to government information. I have raised the red flag about this financial situation at every available opportunity. I have also pursued every option available to me to preserve my budget and ensure the integrity of the program. This includes making requests for funding through the 2014, and most recently, the 2015 budget process, so far without success.
In conclusion, let me say that I believe our actions at the OIC during my time as commissioner clearly demonstrate what I have always believed, that effective management of public funds is of paramount importance. I have told committee members in the past that I would have very difficult decisions to make to keep within appropriations, deliver on my mandate, and maintain excellence in governance. I have certainly had to make these decisions.
As I said in my last departmental performance report, which was recently tabled in Parliament, without additional funding, I will no longer be able to carry out my mandate responsibly and ensure the full respect of Canadian' rights to access to information.
If no resources are forthcoming, as a responsible steward of public funds, I will need to make cuts to the program to ensure my office continues to operate with the appropriations granted.
Rest assured: I will back away from the fiscal cliff rather than go over the edge. But, as I do, Canadians' quasi-constitutional right of access will be increasingly denied.
Mr. Chair, I would be pleased to answer any questions you may have.
