Thank you, Madam Chair.
I want to thank you for inviting me to speak about the main estimates of the Office of the Information Commissioner of Canada, this morning. I am accompanied by Layla Michaud, Interim Director General of Corporate Services.
Your invitation provides me with a timely opportunity to talk to you about some of our key achievements, challenges and priorities as I begin the third year of my mandate in June.
As detailed in the documents before you, the salary and operating budget for my office in 2012-13 is approximately $10.348 million, excluding employee benefit plans. I have 106 full-time equivalents. Close to 75% of my budget is allocated to salaries. Of the remaining 25% for operating and maintenance costs, a third relates to fixed costs.
Madam Chair, I can assure you that since I became commissioner, I have worked to do better with less across all of our activities.
On the program side, we started three years ago to implement a new way of doing business. We have been guided on this path by the clear direction and focus of the strategic plan we adopted at the onset of my mandate. I'm encouraged with the results thus far.
We made a substantial dent in the inventory of complaints that had built up over the years. We reduced it from 2,500 at the end of 2008-09 to 1,800 by the end of this fiscal year. From 1,600 cases that were there from pre-2008, this number is now down to 61.
There has been a substantial reduction in administrative complaints in our year-end inventory.
Six months ago, we started implementing a new strategy for more complex investigations dealing with highly sensitive national security issues. As a result, we expect to close approximately 100 cases. This represents a 33% increase over last year.
This past year, I have strengthened our legal capacity to assist with formal investigations and litigation. This has also reduced outsourcing costs for legal expertise and professional services. These are outcomes that we expected, and we worked hard to achieve them. They confirm that our business model is sound and that we are heading in the right direction.
Our internal services have been key to facilitating these operational successes. The guidance and assurance provided by our internal audit function, as well as the development of a new case management system, have been instrumental in improving our overall performance.
However, more work needs to be done. In completing the tasks at hand, we face significant risks and challenges.
We must further refine our strategies to deal with a higher percentage of more complex refusal complaints. These have steadily increased from 73% of the inventory at the end of 2008-09 to 88% currently. Approximately 55% can be characterized as follows: 385 deal with national security issues; 253 involve voluminous and highly technical Canada Revenue Agency files; and the others result from the Federal Accountability Act, extending coverage to the Canadian Broadcasting Corporation. We still have 253 cases in our inventory, 135 of which pertain to section 68.1, which has been studied previously by this committee.
The higher percentage of refusal complaints increases the likelihood of time-consuming and formal processes. They also increase the risk of costly litigation.
Treasury Board statistics for 2010-11, which have just recently been published, indicate an increase of 18% in the number of access requests received by institutions in the last year. Historically, out of this number, 5% to 6% of requests generate complaints to my office. If this trend materializes, we could be faced with an influx of 2,000 to 2,500 new complaints this coming fiscal year.
However, I must say, Madam Chair, that this year the level of complaints has been declining. It has not been increasing. So far this year we are looking at about 1,500.
Moreover, several of the top ten institutions to receive access requests, according to the Treasury Board statistics, are also among the top ten institutions generating complaints; hence, a potential risk in terms of increased workload. A very good example is the Canada Revenue Agency, which apparently has had an increase of 44% in its access to information requests. According to Treasury Board statistics, it is one of the main institutions generating complaints to my office.
This risk is compounded by the fact that institutions, in times of restraint, tend to cut in their internal services, including access to information and privacy programs. The risks from such cuts could include failure to meet legal requirements, declining performance, and an increase in complaints to my office. This is worrisome to the extent that it could adversely affect Canadians' fundamental right of access.
Human resources also presents another significant element of risk. As a small organization, my office is disproportionately impacted by workforce characteristics. For example, according to our statistics, 31% of our investigative workforce will reach pension eligibility within the next three years. Three staff members have already retired this year.
We also face uncertainty owing to the fact that we have to relocate our offices in 2013. Preliminary estimates from Public Works and Government Services Canada show that the cost could be as high as $3 million. We have yet to secure a source of funding. Relocating also entails other risks in terms of sustained productivity and human resources retention.
Given these risks and challenges, here are some of my main priorities for 2012-13.
First, in terms of governance, there are two key positions that I must stabilize within my office. A selection process is already under way to appoint an assistant commissioner, who will be responsible for all investigations and complaints resolution. The process has been initiated with the Privy Council Office. I must also staff on a permanent basis the position of director general of corporate services.
On the program side, I will continue to streamline our operations with a view to increasing the effectiveness and timeliness of our investigations. Regarding administrative complaints, my goal is to move closer to our target of 85% of cases completed within 90 days. The quick resolution of administrative complaints allows us to work more intensely or quickly to resolve new refusal cases.
Regarding refusal cases, my goal is to complete priority cases within six months. We will continue with our strategy for national security cases, building on the successes so far. In the spirit of results-based management, I will establish processes and service standards for all types of investigations. We have done so for administrative complaints. We now have to move to our refusal complaints.
With respect to internal services, implementation of talent management is a key priority for corporate memory purposes. Our talent management program will help us develop, attract, and retain talent, thereby mitigating some of our human resources risks. It will also contribute to our strategic objective of creating and maintaining a workplace of choice.
We will continue to streamline internal services to minimize risks and improve service delivery. For example, we are currently exploring different shared services opportunities with other institutions, including agents of Parliament. As a start, we have undertaken discussions to procure compensation services and staffing monitoring from the shared services unit at Public Works and Government Services Canada.
In closing, I thank you for your continued interest and support. I also wish to acknowledge the unabated commitment and dedication of my staff in this process of continuous improvement, as we strive to deliver exemplary service to Canadians.
Thank you, Madam Chair. I will be pleased to answer your questions.