Evidence of meeting #30 for Access to Information, Privacy and Ethics in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was request.
A video is available from Parliament.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
We have one person who takes those enquiries.
Conservative
LaVar Payne Conservative Medicine Hat, AB
Okay.
I was also looking at the terms of the five-dollar fee. I understand that you need a Visa card, a Mastercard, or something like that in order to start the application process. I also noted that, in order to be able to instigate one of these, you need to be a Canadian citizen, permanent resident, or corporation. So how do you determine that, because you talked about privacy and so on?
Information Commissioner of Canada, Office of the Information Commissioner of Canada
That's done at the departmental level because the access requests go to the departments. When people complain to us, they've already made a request, the department has already established they fit into that, and we get the complaint. We then get the file number from the institution, and we work on that basis. We work with file numbers with the institutions.
NDP
The Chair NDP Pat Martin
I'm afraid, Mr. Payne, that concludes your five minutes. It goes quickly, I know. I'm sure you had lots more.
We're going back to the Liberal Party and Mr. Ted Hsu.
Welcome, Mr. Hsu.
Liberal
Ted Hsu Liberal Kingston and the Islands, ON
Thank you, Mr. Chair.
My first question, Madame Legault, is about the delays in your office because of the lack of officers with top secret security clearance. I believe you only have one officer with that designation now. Is that correct? My second question is this. Do you feel that having more officers with top secret clearance would be an effective way to reduce delays in responding to complaints?
Information Commissioner of Canada, Office of the Information Commissioner of Canada
The answer is yes. However, I did request.... Those investigators who are allowed to see certain files under certain provisions of the act dealing with international affairs and national security have to have a special delegation. I sent a letter to the Treasury Board president last year, asking him to increase the number of people in my office who are allowed to do these investigations because he has the authority to do that under the act, and he did. They were increased from eight to twelve.
I would rather have 20 to do that, but I don't even have people to put in that slot because I can't have everybody doing these types of investigations. At this time I have fewer than 10 top secret files.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
I have top secret, so has the assistant commissioner, and at least one investigator, so we're managing those files.
Liberal
Ted Hsu Liberal Kingston and the Islands, ON
Okay, thank you.
Do you believe your office should have the power to compel the release of records, and also to establish a timeline for the release of records? Do you think that authority would enable you to do your job more thoroughly, or do you think your office can fulfill your mandate without that power?
Information Commissioner of Canada, Office of the Information Commissioner of Canada
I think that generally speaking there is a real lack of discipline in the Access to Information Act in terms of timelines, and that also flows into the power of the commissioner to order the release of records.
I believe the commissioner should have the power to order the release of records, and we should have an order-making power model as we have in other jurisdictions in Canada. I think it works really well, and it really focuses the minds of institutions when they make representations as to whether or not information should be disclosed, so it's faster. The ombudsman's model works but it takes a lot more time.
Liberal
Ted Hsu Liberal Kingston and the Islands, ON
Thank you.
With respect to the Access to Information Act, do you think the purpose section of the act should be modified so it includes having government information openly available to the public and accessible in machine-readable format, and that exceptions should be rare? Would you agree with that proposal to ensure that the government's information is open by default?
Information Commissioner of Canada, Office of the Information Commissioner of Canada
In my opinion, that's the way the act is constructed. I hear what you're saying in terms of amending the purpose clause. Most people who want to amend the act want to amend the purpose clause.
I'm a lawyer. The purpose clause has been interpreted quite well by the courts in the last 30 years. I am somewhat leery of amending a purpose clause for that act. I would like to see the specific language. You may be referring to Bill C-613, and if that's the case then I think it will perhaps be more appropriate to comment specifically on that piece of legislation, if that's what you're referring to.
Liberal
Ted Hsu Liberal Kingston and the Islands, ON
Okay.
I understand also that the Access to Information Act maybe has not been updated significantly in many years, and I wonder what you think about the idea of a parliamentary review of the Access to Information Act every five years, given that technology changes and how government operates changes. Would you agree with that recommendation?
Information Commissioner of Canada, Office of the Information Commissioner of Canada
I am definitely in favour as long as it starts this year and not five years from now, and then continues after that.
Liberal
Liberal
Ted Hsu Liberal Kingston and the Islands, ON
Oh, my goodness.
I once submitted an access to information request to find out what instructions the minister gave to a department because I believe, as a member of Parliament, I cannot criticize civil servants. I can only criticize the minister. Do you think that instructions by ministers to departments should be more public so that we know the chain of accountability?
Information Commissioner of Canada, Office of the Information Commissioner of Canada
We would have to see which record it would be and what exemptions had to be applied to those instructions. In principle, should they be disclosable, should they be subject to the act? Yes. Should they be subject to exemptions for personal information, for solicitor-client privilege, or other things like that? Yes as well.
NDP
The Chair NDP Pat Martin
We'll have to leave it at that, then. Thank you very much, Mr. Hsu.
Next we'll go to the Conservatives and Mr. Boughen for five minutes, please.
Conservative
Ray Boughen Conservative Palliser, SK
Thank you, Chair, and thanks to the resource people for spending the afternoon with us. We certainly are learning different things about your operation.
When I looked at the highlights of your financial part, which is on page 2 of your handout, the differential there is $3.3 million. You talked earlier in the afternoon about having to do with less. Can you share with us how we ended up with $3.3 million less in funds? This is in this handout here.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
Which one is that?
Conservative
Ray Boughen Conservative Palliser, SK
It says, “Prepared for the House of Commons Standing Committee on Access to Information, Privacy and Ethics”.
December 4th, 2014 / 4:50 p.m.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
I'm not sure that's my document.