Information & Ethics Committee on May 8th, 2018

[The Vice-Chair, Liberal, Nathaniel Erskine-Smith]

Thank you very much for that.

We are going to suspend now. We're going to go in camera. I would ask everyone to clear the room while we deal with committee business. When we resume after that we will have the Information Commissioner with us.

Thanks very much for your time today, and thanks for your evidence.

[Proceedings continue in camera]

[The Vice-Chair, Liberal, Nathaniel Erskine-Smith]

We will resume our meeting in public.

I welcome our Information Commissioner, Ms. Maynard.

You have 10 minutes for an opening statement, and then we'll move to questions.

[Caroline Maynard, Information Commissioner of Canada, Office of the Information Commissioner of Canada]

Good morning and thank you, Mr. Chair and committee members.

I am pleased to appear before you today for the first time since my appointment as Information Commissioner of Canada.

Joining me are Layla Michaud, Deputy Commissioner of Investigations and Governance, and Gino Grondin, Deputy Commissioner of Legal Services and Public Affairs.

Let me first thank you for placing your confidence in me to carry out the duties of the Information Commissioner. It is an honour to serve Canadians in this role, and I look forward to the next seven years of working to ensure openness and transparency at the federal level.

My first two months on the job have been very busy and an interesting time of learning. I met with each and every employee at the office during my first two weeks. It did not take long for me to see that I have an excellent and experienced management team, as well as a very dedicated and professional staff. My meetings with employees and managers allowed me to gain a deeper understanding of the work done by my office. I also gained a greater appreciation of the 35 years of institutional knowledge that my office holds, and the strong foundation I have to build on.

In addition, I became more familiar with the challenges and the opportunities that the organization faces. This has allowed me to determine where to focus my efforts in the coming months and years.

I have four priorities that I would like to share with you.

My first priority is to address the inventory of complaints my office has yet to complete, while investigating new complaints as they arrive. I will also work with my team to improve operational efficiency and streamline the investigation process to reduce delays when possible.

My second priority will be to take steps to implement the anticipated amendments contained in Bill C-58. These proposed changes present potential operational challenges for my office. For example, if the bill is enacted as currently drafted, my office will have to manage, potentially for a number of years, three distinct complaint and investigation processes due to transition periods in the bill.

My third priority will be to ensure that the day-to-day work of my office is open and transparent. I will also stress these values in my interactions with institutions, members of Parliament, and Canadians. In addition, work is already under way to enhance and refresh my office's web and social media presence.

My goal is to make the complaint process simple and transparent for Canadians. I also want to provide more guidance to both complainants and institutions on the investigation process and the decisions taken, and more timely updates on access to information news and activities.

Finally, my team will work closely with institutions to help them meet their obligations under the Access to Information Act, and we'll address systemic issues. In the coming months, I intend to personally meet with access to information coordinators and the heads of a number of institutions to reinforce the importance of this collaborative approach and promote openness and accountability.

I will embrace every opportunity to collaborate with you and with Parliament as a whole, with institutions, and with other stakeholders, including the Privacy Commissioner. I will also emphasize the importance of sharing best practices. Canadians deserve to have institutions that are open by default and that make access a priority.

For the coming year, and just like the last six years, my office's main estimates are $11.4 million, and I have 93 approved full-time equivalents. Approximately 80% of this funding will go to deliver our investigations program. The other 20% will be dedicated to our corporate services, such as finance, information technology, and human resources.

As you likely know, the government announced $2.9 million in temporary funding for my office in the 2018 federal budget. I plan to use these funds for the resolution of complaints. In particular, I would bolster my investigations team for 2018-19.

I would fill vacant permanent positions and rehire the experienced consultants that my office engaged in past years. This would be good news for Canadians. My office would be able to complete more investigations in the coming year because of this additional funding.

Ideally, however, my office would be provided with permanent funding to allow me to permanently increase the size of my team and bring stability to the office. The volume of complaints my office receives is increasing. My team registered nearly 2,600 new files in the year that just ended on March 31. This is a 25% increase over 2016-17. As more and more Canadians submit requests under the act, the number of complaints will keep growing. I'm very much of the view that temporary funding and temporary staffing will not address the challenges my office faces. To meet this demand, my office needs more permanent funding.

I am pleased that the President of the Treasury Board announced last June that my office's resources will be increased on an ongoing basis in response to the adoption of Bill C-58. However, this funding will not be sufficient to meet the growing demands on my office and serve the needs of Canadians.

In closing, I wish to emphasize two aspects of the positive impact an increase in permanent funding would have for my office. First, as I've said, it would bring stability to the organization. I could hire enough employees to ensure the act is appropriately applied and respond to complaints in a timely manner. I could also retain these employees from year to year, providing needed continuity. Second, I could pursue innovative options for making the investigation process more efficient. I would like to capitalize on technology to enhance my office's service to Canadians.

That being said, thank you, again, for inviting me to appear today. I look forward to further opportunities to report on the progress I am making against my priorities and on my statutory mandate.

I would be pleased to take your questions.

[The Vice-Chair, Liberal, Nathaniel Erskine-Smith]

Thanks very much for your opening remarks.

Our first seven minutes goes to Ms. Fortier.

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

Thank you, Mr. Chair.

Congratulations, once again, Commissioner.

[Caroline Maynard]

Thank you very much.

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

I'm extremely glad that you are taking on this role during a very important transition period for the office, in my view.

I'd like you to start, if you would, by describing the transition and your relationship with the former commissioner. Could you also tell us whether you've had an opportunity to become familiar with the issues?

[Caroline Maynard]

Actually, I haven't really had a chance to discuss the transition with Ms. Legault. I didn't meet her until my third week on the job, when we shared a meal.

Ms. Michaud and Mr. Grondin, along with the rest of the staff, have worked diligently to familiarize me with the process and ensure a smooth transition. As I said earlier, I also took the time to meet each one of my 87 employees. I learned quite a bit from those meetings. They shared with me what they felt the office was doing well, as well as which areas we could work on, as a team, to improve. That information has been very beneficial.

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

You've been in office 60 days now. That's not much time, but it may have been enough to help you get you a clearer idea of what you'd like to do. I took note of your priorities, but what would you like to do in the short term? What do you hope to achieve in the next year?

[Caroline Maynard]

Without a doubt, what I'd like to do in the short term is tackle the inventory of complaints, as well as consult our teams on existing processes and efficiency measures that could be deployed quickly.

I want to start by meeting with team coordinators and institution heads to have discussions, achieve better co-operation, and promote openness by default in government. That's what I'm working on right now.

In the medium term, a review of the process is crucial. Institutions and Canadians need to understand not just the complaint process, but also our decisions. It's very important to me that our office do a better job of publicizing what we are doing so that everyone knows exactly what to expect and is better able to make decisions in response to access to information requests, with the ultimate goal of reducing the number of complaints.

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

You mentioned earlier that you had 2,600 new investigations, in addition to the existing backlog of files. We are aware of that. That said, what are you going to do so that new files do not become part of the backlog, as you continue to deal with the files that are already outstanding? I imagine that the number of files is on the rise, is it not?

[Caroline Maynard]

It's interesting to note that, over the past six years, access requests have increased by 215%.

Our office saw a 25% increase in the number of complaints last year alone. We started the year with 3,495 complaints in the inventory, and we would like to do exactly what you are suggesting.

Currently, people have to wait about seven months before a complaint is assigned to an investigator. I therefore recommended that we create two teams, one to handle incoming complaints and the other to deal with outstanding complaints. We are working at both ends in an effort to climb Mount Everest, so to speak. I think that, if we are able to speak with the individual as soon as we receive their complaint, we will have a much easier time finding the information they are really looking for and endeavouring to meet their needs immediately by supplying the relevant information from the outset.

Of course, we have some very old files and some very big files. Rather than concentrating on the number of complaints, I would prefer to focus on how our investigators approach their work and interact with institutions. No one wants to touch the big files because those are the ones that are avoided when the primary focus is always on quantity.

Going forward, then, we are really going to be focusing on investigation quality and institutional co-operation. In order to close a file, I won't hesitate to issue orders under the new legislation, or recommendations under the current act, if an agreement clearly cannot be reached.

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

I was just going to ask you how many files you anticipated closing in the next year. I realize that it isn't necessarily about the number of complaints, but that it really has to do with the different types of investigations.

[Caroline Maynard]

Given the funding we've been allocated, our goal right now is to close 2,100 files. As you can see, though, if we process 2,100 files, we won't have time to eliminate the backlog or even begin to tackle it.

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

Does it come down to money or efficiency? How will you get caught up or even get ahead of the workload, as opposed to always being behind?

[Caroline Maynard]

Over the last six years, despite a rising number of complaints, our office's funding and staff size have not increased. Without a doubt, we need more money in the form of permanent funding, to hire additional staff, instead of consultants, who, year after year, come, open files, but don't have time to close them. We need more permanent staff and the capacity to keep them.

That said, we can certainly achieve efficiencies. I was surprised to learn that many transactions are still paper-based, not just within our own office, but also with institutions. Ultimately, the ideal would be to transfer all file-related information electronically.

Our new online complaint form is very popular and has allowed us to electronically process complaints we deem as administrative, in other words, cases involving unreasonable delays or time extensions. Those account for 85% of the complaints we receive. Eventually, we also want to be able to electronically process complaints involving denied requests or the application of exemptions or exclusions. That would really be helpful.

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

Thank you very much.

[The Vice-Chair, Liberal, Nathaniel Erskine-Smith]

Thanks very much.

Our next seven minutes go to Mr. Kent.

[Peter Kent, Conservative, Thornhill, ON]

Thank you, Commissioner, for your appearance today.

Your predecessor composed an unprecedented and scathing evaluation of Bill C-58—a report card effectively with more fails than passes—and characterized it as regressive, in regard to access to information for Canadians. When you appeared before us, you were somewhat more discreet and said that anything in this bill that slows access or obstructs access is a concern and any area where accountability or access is increased represents progress.

In your opening remarks, you've mentioned the potential operational challenges should Bill C-58 be passed as it is today. It's in second reading in the Senate and a number of senators have indicated quite strongly that they will be making amendments to this legislation. Before you know the outcome of this piece of legislation, are some of your investigations or files on hold pending the legislation you will have to work with in the longer term?

[Caroline Maynard]

No. The complaints that we've received will have to be dealt with under the current act. Any new complaints received after Bill C-58 is passed will then be affected by the amendments. That's why I was saying that if nothing changes in the amendments, we will end up with three different types of investigation and complaint processes because the order-making power comes into effect a year after Bill C-58 will be approved. That means I'm going to have the old-fashioned complaint system with recommendations, a one-year new system with recommendations also; and in a year from now, then I would have the power to issue orders. This concern has been addressed already through a letter that I've sent to Mr. Brison, and I'm told they are looking into it. I've also sent a letter to Senator Ringuette, who is responsible for the bill. I've addressed those concerns with them.

[Peter Kent, Conservative, Thornhill, ON]

Are you looking to Senate amendments to improve Bill C-58 operationally for you?

[Caroline Maynard]

Yes.

[Peter Kent, Conservative, Thornhill, ON]

Among the backlog of files, an interesting story was reported by the Toronto Star regarding a researcher's request for information on an RCMP investigation called, I believe, Project Anecdote. The response that the researcher got initially was that the department would require an extension of 292,000 days; that would be 800 years, long past the life expectancy of not only the researcher but probably many of your investigators. That was changed to—

[Caroline Maynard]

Eighty years.

[Peter Kent, Conservative, Thornhill, ON]

—80 years. That would seem to be extremely unusual.

Can you address this? Is that an excusable delay? Is the Library of Parliament and archives—