Evidence of meeting #22 for Access to Information, Privacy and Ethics in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was requests.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Caroline Maynard  Information Commissioner, Office of the Information Commissioner of Canada
Clerk of the Committee  Ms. Nancy Vohl

11 a.m.

Conservative

The Chair Conservative Pat Kelly

I call this meeting to order.

Welcome to meeting number 22 of the House of Commons Standing Committee on Access to Information, Privacy and Ethics.

Pursuant to Standing Order 81(4), the committee is considering the main estimates for 2022-23: vote 1 under the Office of the Commissioner of Lobbying; vote 1 under the Office of the Conflict of Interest and Ethics Commissioner; vote 1 under the Office of the Senate Ethics Officer; and votes 1 and 5 under the offices of the Information Commissioner and Privacy Commissioner of Canada, referred to the committee on Tuesday, March 1, 2022.

Today's meeting is taking place in a hybrid format, pursuant to the House order of November 25, 2021. Members and witnesses are attending in person in the room and remotely using the Zoom application. I think everybody, including our witness today, would be familiar with the format.

Before we go to our witness today, we have an administrative point that we need to deal with. That is the budget for the study of the main estimates. This was distributed to everyone this morning.

Is it the pleasure of the committee to adopt the proposed budget?

11 a.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

I so move.

11 a.m.

Conservative

The Chair Conservative Pat Kelly

Do we have any objections to this proposed budget being adopted?

(Motion agreed to [See Minutes of Proceedings])

Thank you.

I would now like to welcome our witness from the Office of the Information Commissioner of Canada, Information Commissioner Caroline Maynard.

Ms. Maynard, you have up to five minutes for your opening statement.

May 16th, 2022 / 11 a.m.

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

Good morning.

Thank you for inviting me today.

I have been looking forward to the opportunity to speak to this committee.

I am eager to answer your questions about how we, at the Office of the Information Commissioner of Canada, work to uphold the right of access through our investigations, the guidance we provide to complainants and institutions, as well as our observations regarding the access to information regime.

The year 2021-22 was a record year for the number of complaints submitted to my office. We registered nearly 7,000 complaints between April 1, 2021, and March 31, 2022. This represents an increase of 70% over the previous fiscal year.

My team remains committed to ensuring that the Access to Information Act is properly applied and that requesters are able to access the information to which they are entitled. However, this steady and ever-increasing stream of complaints represents a major challenge for my office.

In response to this challenge, we have thrown everything we have at these complaints. Our extraordinary efforts to boost our performance have included putting capital expenditures, longer-term projects and all hiring, except for investigators, on hold in order to put more resources towards investigations and ultimately close nearly 6,800 files last year. This is well above the 4,400 files we are expected to close based on our current funding.

Even with our improvements in efficiency and our continuously improving results, we're not able to keep pace. Our backlog continues to grow. In concrete terms, this means that Canadians are not getting timely resolutions of their complaints for access to information requests related to contracts signed by the government during COVID.

It means that residents in your riding still don't have the information they are seeking on immigration applications for loved ones.

It also means that numerous first nations communities are still denied access to records that could help us move forward with reconciliation.

The scale of the challenge is such that we cannot innovate our way out of the situation. We are at risk of not being able to provide even the most basic minimum of service to Canadians. Additional resources for my office will be needed to reduce the number of complaints in our inventory, while at the same time ensuring that new complaints are dealt with in a timely manner.

For some time, I have been sounding the alarm on issues with the access to information system that have grown worse since the onset of the pandemic. In March 2020, I stated that a properly functioning access system is critical to ensuring accountability, transparency and the trust of the public.

Across the federal access-to-information regime, government institutions have had more than two years to adapt to the reality of a pandemic and the challenges it brought to our lives and to our work environments, yet COVID-19 continues to be used as an excuse for poor performance in the area of access to information.

This is not acceptable. Institutions must live up to their legislative obligations. In my meetings with ministers and senior leaders, I emphasize that they must make the right of access a priority.

There is no need to wait for legislative change to take action, especially considering that the review of the Access to Information Act the government was required by law to launch in 2020 has not yet concluded. The Treasury Board Secretariat's report on the review of the access regime was originally planned for the beginning of 2022. Unfortunately, it has not yet been released.

In addition, in spite of clear evidence that institutional capacity to process access to information requests has degraded overall, the recent budget offered very little funding to bolster this capacity. All of this paints a bleak picture of the state of access in 2022.

I will now be happy to take your questions.

11:05 a.m.

Conservative

The Chair Conservative Pat Kelly

Thank you very much, Commissioner.

The first questions will go to Mr. Williams.

11:05 a.m.

Conservative

Ryan Williams Conservative Bay of Quinte, ON

Thank you very much, Ms. Maynard, and thank you for coming today.

I'm going to start with the budget, which you ended with.

Your budget this year was cut by over $800,000 from last year's estimates, with over $2.1 million in extra expenditures. You talked about how you processed over 6,800 files. That money was to pay for over 4,400, so obviously it's decreased. We're not getting what we need to take care of the files you have.

Did you request your budget to be reduced?

11:05 a.m.

Information Commissioner, Office of the Information Commissioner of Canada

Caroline Maynard

My budget did not get reduced, actually. It was increased two years ago by $3 million.

With respect to closing, the budget that was given to us was to close 4,400 cases a year. What I was saying is that, even though we got an increase in our budget, now that we're getting around 6,500 complaints a year, we're not able to keep up with the pace.

11:05 a.m.

Conservative

Ryan Williams Conservative Bay of Quinte, ON

Ms. Maynard, I'm looking at the main estimates for 2022-23. Estimates to date for this year were $16 million. I'm looking at program expenditures in the office of information and at estimates to be $14.1 million. That's a difference of $2.1 million.

11:10 a.m.

Information Commissioner, Office of the Information Commissioner of Canada

Caroline Maynard

I think it's because we were able to carry forward $1.8 million from a previous year that was not expended. Our funding has been the same for the last three years.

11:10 a.m.

Conservative

Ryan Williams Conservative Bay of Quinte, ON

Did you ask for the same funding, or what funding did you request for this year coming up?

11:10 a.m.

Information Commissioner, Office of the Information Commissioner of Canada

Caroline Maynard

For this year, we just started putting the numbers together. We're hoping to have a submission done by the end of the summer. Because of the increase by about 2,000 cases a year, plus all the infrastructure that we were not able to put in place because we didn't have enough money, I think it will be in the ballpark of $3 million to $5 million extra that we will be asking for.

11:10 a.m.

Conservative

Ryan Williams Conservative Bay of Quinte, ON

Do you think that will catch up the backlog plus fulfill all the requests that you'll have coming in?

11:10 a.m.

Information Commissioner, Office of the Information Commissioner of Canada

Caroline Maynard

Because we're able now, with the people I have, to close around 6,000 cases, I'm hoping that will keep pace. We'll have to increase that by about 2,000 cases a year, because we currently have 4,000 cases in our inventory. This is only going to increase. To give you an idea, this month we received 1,000 new complaints. If this continues for the rest of the year, if that's what it's going to be, I'm talking about 12,000 cases for 2022-23.

11:10 a.m.

Conservative

Ryan Williams Conservative Bay of Quinte, ON

What's the backlog right now? What's the longest we have for someone waiting for a case to be resolved?

11:10 a.m.

Information Commissioner, Office of the Information Commissioner of Canada

Caroline Maynard

When I was appointed in 2018, we had a backlog of 2,400 cases. Some cases dated back to 2010. Luckily now, out of those 2,400 cases pre-2018, we only have 400 cases left. We're doing really well. Those cases are the complex cases, unfortunately. However, we have about 4,000 cases pre-2022, so we have a backlog of 4,000 cases, which keeps growing.

11:10 a.m.

Conservative

Ryan Williams Conservative Bay of Quinte, ON

Some of those are over two years old. Is that correct?

11:10 a.m.

Information Commissioner, Office of the Information Commissioner of Canada

11:10 a.m.

Conservative

Ryan Williams Conservative Bay of Quinte, ON

If they're complicated.... How complicated are they that they take over two years? Are there some that are waiting that aren't two years but aren't complicated? Why do we have some that are certainly over two years old? Maybe you can let me know of an example.

11:10 a.m.

Information Commissioner, Office of the Information Commissioner of Canada

Caroline Maynard

We have examples of cases where the types of documents are “secret” or “top secret”. Those are difficult to investigate. We have to have a special infrastructure and special delegation to investigate those cases because they're dealing with national security documents. Then, we have to also talk to the institution. Some of the analysts who were dealing with these requests have left, so sometimes we have to start from scratch in dealing with the institution and understanding why they redacted the documents.

Sometimes it's complex just because they have thousands of pages. We've had a case recently with the Department of Justice that had 22,000 pages. When you do a line-by-line, it does take a lot of time—

11:10 a.m.

Conservative

Ryan Williams Conservative Bay of Quinte, ON

On the average ATIP that's done, what's a reasonable return from your department? What would your mandate be if you had everything, if you had all the funding you needed? Not for a complex one, but for an average request, what's the average return you'd get? What would you want?

11:10 a.m.

Information Commissioner, Office of the Information Commissioner of Canada

Caroline Maynard

Our goal is to do an investigation within 90 days, but we are unable to do that.

We do that, the 90-day investigations, on cases that are out of time: institutions that didn't respond in 30 days for their requests or ask for an extension. We're trying to do those in three months.

For investigations on exemptions and redactions, we can take about six months to about year to do a normal long investigation.

11:10 a.m.

Conservative

Ryan Williams Conservative Bay of Quinte, ON

What's the average right now? I don't know if you mentioned that. What is the average length of time right now for someone submitting a request for information to get that back?

11:10 a.m.

Information Commissioner, Office of the Information Commissioner of Canada

Caroline Maynard

For the institutions to respond to requests, they have an obligation under the law to respond in 30 days. I think only 62% of requests are meeting those time lines. That's why I think we are getting more complaints to my office—because timelines are not being respected in 45% to 50% of the cases.

11:10 a.m.

Conservative

Ryan Williams Conservative Bay of Quinte, ON

Thank you very much.

11:10 a.m.

Information Commissioner, Office of the Information Commissioner of Canada

Caroline Maynard

You're welcome.