Information & Ethics Committee on June 1st, 2010

[Monique McCulloch]

Right. If the legislative deadline permits us to provide the department, up to and including the minister's office, 72 hours to prepare our communication products, we will give them the 72-hour heads-up that the ATI response is going out and will share a copy of the final release package.

[Patricia Davidson, Conservative, Sarnia—Lambton, ON]

Do you mark things as being sensitive, or are things ranked sensitive or non-sensitive in your department?

[Monique McCulloch]

Actually, we engage our senior departmental officials in the identification of communication alert files. I can explain what is meant by that very quickly. On a weekly basis we provide a list of subject matters only--so not the complete text of the requests, but just a list of the subjects of those requests under the Access to Information Act--that are anticipated for release in the following week. We provide that list to the director generals and the associate deputy ministers across the department. They have--I guess I can use the expression--the first kick at the can to identify any subject matters on which they think they need to prepare communication product for the deputy minister or the minister's office, depending on the subject matter. Our communication branches are consulted during that process as well. When the list of files deemed to warrant a communication product is identified, that list is also shared up to the deputy ministers' and minister's offices. They have an opportunity to also identify any other subjects that are anticipated for release the next week, which maybe the program officials had not flagged as warranting a communication product.

Once a file has been identified as a communication alert file, that simply means that when the file is ready for release, if the legislative due date permits, we will provide that 72-hour window for our program officials to work with our communication branches to prepare either QP notes or media lines. All our other releases under the Access to Information Act are finalized as per normal process.

[Patricia Davidson, Conservative, Sarnia—Lambton, ON]

So the meetings that take place, then, are just to determine what needs to have the communication alert?

[Monique McCulloch]

Actually, at DFAIT there are no specific weekly meetings or anything like that. A list is shared electronically through our e-mail system. We provide a list of anticipated releases for the following week. We receive an e-mail response from our ATIP liaison officers, who are across the department, in terms of whether their directors general or their ADMs have flagged any files as warranting a communication alert. The list is updated to include any such files that have been tagged as requiring a communication alert. The second list is shared on Tuesday. On Thursday the list is finalized with the identification of which ones have been identified as requiring a communication alert. At that point the minister's office, the DMs' offices, the communication branches, as well as all the ADMs and DGs, are once again provided the final list. Basically, it's an alert system that identifies which files do require communication product. There is no approval process of the release.

[The Chair, Liberal, Paul Szabo]

Thank you kindly.

Monsieur Plamondon, s'il vous plaît.

[Louis Plamondon, Bloc, Bas-Richelieu—Nicolet—Bécancour, QC]

Thank you, Mr. Chair.

According to your testimony, I understand that the government is systematically informed about requests for access to information. But I have to ask myself a question. Does the Access to Information Act provide for such meetings and does it state that you must systematically inform the government about such requests?

Ms. Wesch.

[Ann Wesch]

I'm sorry, I didn't realize you were addressing me.

Yes, that's Treasury Board policy.

[Louis Plamondon, Bloc, Bas-Richelieu—Nicolet—Bécancour, QC]

Pardon me, I neglected to mention your name at the beginning. It is my mistake.

Could you answer?

[Ann Wesch]

Yes, I can reply.

Yes, there is a Treasury Board policy that says that it is advisable and permissible to notify the minister's office and other senior officials within your department.

[Louis Plamondon, Bloc, Bas-Richelieu—Nicolet—Bécancour, QC]

So it is possible, but not mandatory.

[Ann Wesch]

My colleague from Treasury Board may be more knowledgeable about the policy than I.

[Denise Brennan]

Best practices were distributed to all access to information offices a few months ago, I believe. One of these practices states that the ATIP offices may inform ministers' offices.

[Louis Plamondon, Bloc, Bas-Richelieu—Nicolet—Bécancour, QC]

That did not exist before?

[Denise Brennan]

I do not recall whether or not that existed in the policies or guidelines.

Mr. Chair, if you'd like, I have Donald Lemieux here from the policy side of the information and privacy section. He could respond to that part. I'm more operations.

[The Chair, Liberal, Paul Szabo]

Not right now, but we'll see.

Carry on, Monsieur Plamondon.

[Louis Plamondon, Bloc, Bas-Richelieu—Nicolet—Bécancour, QC]

For example, if opposition parties were to request a weekly briefing, would you comply?

[Denise Brennan]

If they submitted a request for access to information?

[Louis Plamondon, Bloc, Bas-Richelieu—Nicolet—Bécancour, QC]

If they requested that you call the same meeting with the three opposition parties as you do with the party in power. In your opinion, is that in the Access to Information Act?

[Denise Brennan]

Personally, I think that that would be difficult to arrange, on a weekly basis.

[Louis Plamondon, Bloc, Bas-Richelieu—Nicolet—Bécancour, QC]

That is easy for the government.

[Denise Brennan]

I cannot speak to that because I don't do that within my department.

[Monique McCulloch]

If I may, I would like to respond.

The Access to Information Act allows people to make a request for information which already exists and which is kept by the Government of Canada. It is not a process whereby a person can request to meet with someone every week and discuss issues which may be... These documents must already exist and must belong to a department.

[Louis Plamondon, Bloc, Bas-Richelieu—Nicolet—Bécancour, QC]

Thank you.

In your statement, Ms. Brennan, you alluded to questions asked in the House. Does this mean that when you receive a request for information, and you believe that disclosing this information might embarrass the government in the House, it is your duty to warn the government?

[Denise Brennan]

It would not be because the issue might embarrass the government, but rather because the Speaker might have to answer some questions in the House. I would therefore designate this type of request as “high visibility”, so that information is available just before the information is disclosed.