Information & Ethics Committee on Dec. 4th, 2014

[Suzanne Legault]

The Public Works investigations were extremely arduous. We were able to make very firm conclusions because there were documentary records. I think those investigations created a significant education across the system.

I don't see complaints about political interference very often. We haven't seen or concluded in any other complaint that had happened. When we have people who complain or have allegations that this is occurring, we have very extensive investigative powers. I think the act is well constructed in that respect.

[The Chair, NDP, Pat Martin]

Thank you, Madame Legault.

Next, believe it or not, is Erin O'Toole again, on behalf of the PMO.

Welcome again, Erin.

[Erin O'Toole, Conservative, Durham, ON]

No. My time is done, Mr. Chair.

[An hon. member]

Mr. Komarnicki is—

[Erin O'Toole, Conservative, Durham, ON]

On behalf of his constituents....

[The Chair, NDP, Pat Martin]

Oh, I see. That's the very point I was about to make.

Mr. Komarnicki, welcome.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Thank you, Chair.

I'll just follow up with some questions, if I might. You mentioned that the 30% increase was in large measure with respect to heightened awareness. Does that apply to both categories, the public category and the commercial category, or are there differences?

[Suzanne Legault]

This is my own perspective on this increase because it was the first time in about 10 years that there were more members of the public making requests. It was a real change in the system. It was a real shift that we saw that year, and it was really significant. We hadn't seen that before. It was members of the public, so that was unusual.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

I notice that you've hosted an annual meeting of federal–provincial–territorial access to information and privacy commissioners.

Is that trend similar in the provinces as well—the 30% increase?

[Suzanne Legault]

It's interesting you ask that because I did ask my colleagues this week for another purpose, and it isn't a trend across the provinces. There was one province that had an increase, but nothing along the lines of what we've seen at the federal level. I didn't see any similar pattern.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

How does the five-dollar charge compare to the provincial charges for access to information?

[Suzanne Legault]

If you want to have a more detailed analysis I think it would be best if we provided something to you in writing because I'm not comfortable giving you a big picture—

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

You don't know whether five dollars is common across the country?

[Suzanne Legault]

I think five dollars is low compared to other jurisdictions, certainly when compared to Ontario.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

How does the five dollars compare internationally, beyond the provinces in Canada?

[Suzanne Legault]

It's low internationally.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

So if it's low and you like simplicity and you don't like scaling would it not make sense to increase it?

[Suzanne Legault]

I think I've already said what I thought about increasing it. Other countries don't charge anything. There are other huge countries that don't charge anything, like India.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

If you accept the fact there is a difference between the public applying for access to information and a commercial enterprise or corporation or somebody who has a vested interest who would gain something out of the response, would you agree there is a difference in the type of request?

[Suzanne Legault]

No, I don't. As I said before I really don't because the act is constructed such that the identity of the requester and the reasons for the request are to remain personal and anonymous. Once you start having a sliding scale you have to get into the details. That means your cost per request.... If I receive a request—

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

I wasn't talking about a sliding scale, just keeping it simple by an increase to bring it more in line with inflation and other factors, as my learned colleague indicated. Notwithstanding the cost to produce the request, it would make some good sense.

[Suzanne Legault]

It is, sir, obviously the prerogative of the government to decide to increase the fees to make an access request.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

I noticed in your opening comments you mentioned you were able to identify efficiency and some significant improvements in how you do your work. Can you indicate what that might be?

My follow-up question is whether in that conference you had over two days you picked up any best practices that might add to that.

[Suzanne Legault]

Over the years we've streamlined our operations. We do our administrative files separately from our more complex files. I follow the very complex files.

We do the administrative files in a very streamlined fashion. We have a group of people who just deal with those files; before they were all mixed up among all the investigators. Now we bring in people and train them to deal with the simpler files and then they go to the more complex files. We have a better review process than what was in place before in terms of the managers and the assistant commissioner. We recently put in place a mediation process where we're trying to resolve the files informally very quicky.

The intake, the early resolution, the mediation, the more streamlined refusal process are all occurring in other jurisdictions with my colleagues as well. So yes, we do exchange a variety of techniques for investigations but you have to realize that at the federal level our files are very different from those at the provincial level. In my inventory close to 20% are national security files. We don't see that at the provincial level.

[The Chair, NDP, Pat Martin]

Thank you, Madame Legault. Thank you, Mr. Komarnicki.

We'll move back to the NDP. Charmaine Borg, you have five minutes, please.