Information & Ethics Committee on March 30th, 2010

[Suzanne Legault]

Definitely. When Commissioner Marleau appeared before the former incarnation of this committee, he spoke about the education mandate and research mandate. For sure, if you look across Canada and other jurisdictions, information commissioners and certainly the privacy commissioner do have education and information mandates, and it does make a difference in terms of the work we can do: do some research in terms of the performance and in terms of what's going on in other jurisdictions to inform the debate here in Canada. We do a little bit of that, but we do it on the corner of the desk at this point.

[The Chair, Liberal, Paul Szabo]

Okay.

Madam Freeman and Mr. Siksay wanted quick follow-ups. Let's handle them in order.

Madam Freeman.

[Carole Freeman, Bloc, Châteauguay—Saint-Constant, QC]

Ms. Legault, in the last paragraph of the message you sent us, you say this:

Both abroad and at the municipal level in Canada, initiatives aimed at opening up the management of information have meant that a growing number of data sets are put on line where the public can access them. The Office of the Information Commissioner will make an ongoing effort to promote the necessary paradigm shift to ensure greater transparency within the public sector, in the hope that this change will give rise to similar initiatives at the national level.

Further on, on page 21, you talk about the initiatives you have taken. The second one involves implementing best practices to ensure there is proactive disclosure.

I know that this Committee will be looking at proactive disclosure elsewhere—at the municipal level, where Quebec sets a good example, or in countries such as the United Kingdom, Australia, New Zealand, Finland and the United States, where Mr. Obama really launched that whole process as soon as he took office. It is clear that all of 2009 was a year of openness and transparency. It's a global trend. Everywhere information is being disclosed.

Of course, that requires political will, but I see that you are a woman of very considerable substance and that you have an absolutely fantastic team. Since you included that in your initiatives, I am wondering how you will go about ensuring that certain departments or agencies put their information up on their site. I don't know whether we are going against the trend here. Tis is something that brings us into the political realm, but I, for one, would like to know what you can do, within your area of jurisdiction, to improve that openness.

[Suzanne Legault]

You are right. There is a real movement afoot and exceptional momentum at the international level when it comes to transparency. Just before Christmas, Australia issued a report which has tremendous relevance for Canada, given that the Australians apply the same rules that we do with respect to intellectual property relating to government information. It is different for the Americans. The Australians are proposing administrative, rather than legislative, solutions to get over that hurdle. I'd say it is a very timely example.

I recently made a presentation at the Canada School of the Public Service aimed at promoting transparency. That applies to all public servants. We set up a working group last September with a view to promoting this initiative during Right To Know Week. As I mentioned in my opening comments, we are going to set an example.

As regards our website, we are getting ready. One of the things that is of particular interest and concern to us is the disclosure of access to information requests, which all departments could put on their website. This is something that people are asking for. Strictly in terms of access, it would be very helpful. We want to become a leader in that regard, and we will do that by setting an example.

Furthermore, we are currently developing our information management policy with a view to proactive public disclosure. When we have final documents in our organization, we can send them to our access to information shop for the documents to be prepared, including the required exemptions—for example, in order to protect personal information. Proactive disclosure then becomes possible. We are encouraging departments to do that. We are currently working with the Librarian and Archivist of Canada and are also in discussions with officials at the Treasury Board Secretariat.

Of course, if legislative changes relating to proactive disclosure were to be proposed—such as the ones in the Quebec legislation, in Great Britain or in other countries—we would support them. I hope that answers your question.

[Carole Freeman, Bloc, Châteauguay—Saint-Constant, QC]

Yes, but you--

[The Chair, Liberal, Paul Szabo]

Je suis désolé. We're going to complete with Mr. Siksay, and then we're going to have the vote.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Thank you, Chair.

Your enthusiasm for proactive disclosure comes through in your response to Madam Freeman. I look forward when you come back to talking about that specific issue. I think it is very important.

I want to come back to something you told Ms. Davidson. You said you were planning on the Office of the Information Commissioner being subject to report cards in the future. How are you planning on organizing that? Are you going to be evaluating yourselves? What's the process you've planned for that?

[Suzanne Legault]

We're going to use a process that is similar to the Auditor General's office. They have a separate audit of their organization. It would be an arm's-length process. It's not going to be perfect. We're going to have to pay for it, so it's not completely arm's length, but we would be using a similar process. It's an independent verification of our access to information performance.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

In the case of the Office of the Information Commissioner, I believe Justice Cory is the person who investigates complaints. Has he had any work lately in that regard?

[Suzanne Legault]

We had Mr. Justice Cory the first year. The second year we had Mr. Justice Mackay. Unfortunately, Mr. Justice Mackay stopped at the end of December. We're in the process of recruiting another ad hoc commissioner. This year we have had no complaints, but we had some the first two years. So we've had our own growing pains.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Thank you, Chair.

[The Chair, Liberal, Paul Szabo]

Colleagues, with regard to the vote on the main estimates, I think you know the procedure. We can increase, decrease, or negative, etc.

The total the committee is asked to consider, which is the total vote amount, less interim supply, is $8,062,546.50.

JUSTICE

Offices of the Information and Privacy Commissioners of Canada

Vote 40--Office of the Information Commissioner of Canada--Program expenditures..........$10,750,000

Shall vote 40 under JUSTICE, less the amount voted in interim supply, carry?

(Vote 40 agreed to)

Shall I report the main estimates to the House?

[Some hon. members]

Agreed.

[The Chair, Liberal, Paul Szabo]

Thank you.

I thank you and all of your support staff for a very thorough and competent presentation to the committee. We are certainly looking forward to seeing you again on the fifteenth with regard to the report cards. I know you're going to make your tabling in the House on the thirteenth. I'm sure we'll be able to carry on this conversation at that time.

Colleagues, on Thursday, our meeting is on the proactive disclosure. You have circulated to your offices, in both official languages, the background paper and some educational information for our discussion.

Also, notice has been given to the clerk of a motion by Mr. Easter on the subject of delay in access to information requests. That has been submitted and it will be available to consider at our meeting on April 1.

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

Is it being circulated?

[The Chair, Liberal, Paul Szabo]

It's translated. Today you will have it, and that will constitute sufficient notice to deal with it at the committee meeting on Thursday.

There being no further business, we're adjourned.