Evidence of meeting #39 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 land.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Stéphan Déry  Assistant Deputy Minister, Real Property Services, Department of Public Works and Government Services
Jonathan Moor  Vice-President, Finance and Corporate Management Branch, Canada Border Services Agency
Françoys Bernier  Acting Regional Director General, Quebec Region, Department of Public Works and Government Services
Lyne Roy  Senior Director, Access, Privacy, Transparency and Mail Services, Department of Public Works and Government Services
Teresa Maioni  Team Leader, Access to Information and Privacy, Department of Public Works and Government Services
Dan Proulx  Executive Director, Information Sharing, Access to Information and Chief Privacy Office, Canada Border Services Agency
Scott Millar  Vice-President, Strategic Policy Branch, Canada Border Services Agency
Lorenzo Ieraci  Assistant Deputy Minister, Policy, Planning and Communications, Department of Public Works and Government Services
Pierre Guay  President, Importations Guay Ltd., As an Individual

4:05 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

For clarification, the total value of the leases for these facilities is $28 million, which is $8 million below that threshold, if I understand correctly.

4:05 p.m.

Assistant Deputy Minister, Real Property Services, Department of Public Works and Government Services

Stéphan Déry

That is correct. We are talking about nine leases and leasehold improvements to those nine locations over a period of five years.

4:05 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Has this delegation of powers existed for a long time?

4:05 p.m.

Assistant Deputy Minister, Real Property Services, Department of Public Works and Government Services

Stéphan Déry

It has existed for several years.

4:05 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

So it existed well before this contract was awarded.

4:05 p.m.

Acting Regional Director General, Quebec Region, Department of Public Works and Government Services

Françoys Bernier

Absolutely. It existed well before.

4:05 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Once again, thank you for your testimony.

Mr. Chair, I will yield the floor.

4:05 p.m.

Conservative

The Chair Conservative Pat Kelly

Thank you.

We will go next to Monsieur Villemure for six minutes.

4:05 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

Thank you, Mr. Chair.

I would like to thank the witnesses for being here today.

I would have liked to know the value of the amounts in issue a little more than an hour before the committee's meeting. That does not give us time to take a good look at things.

Nonetheless, Ms. Roy, I would like to ask you how much time the Access to Information Act gives you to reply to an access to information request.

4:05 p.m.

Lyne Roy Senior Director, Access, Privacy, Transparency and Mail Services, Department of Public Works and Government Services

Thank you for your question.

Normally, we have 30 days, but exceptions may apply. For one thing, we can request an extension of the time based on special circumstances, in the case of certain requests. The way each request is processed depends on its scope and the documents we receive.

4:05 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

In an article published in La Presse on January 14, 2022, Vincent Larouche reported that the time needed for replying to his request at that time was 240 days. Is that kind of time limit justifiable?

4:05 p.m.

Senior Director, Access, Privacy, Transparency and Mail Services, Department of Public Works and Government Services

Lyne Roy

Once again, it depends on the number of documents involved and the number of access to information requests the organization receives.

Each request is processed based on its priority and a lot of other factors. One situation that arises is that consultations are necessary, and then the other institutions and third parties concerned have to be given the time they need to provide us with the required information. In those cases, yes, it can take up to 240 days to reply to a request.

4:05 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

So you are not surprised by this 240‑day time.

4:05 p.m.

Senior Director, Access, Privacy, Transparency and Mail Services, Department of Public Works and Government Services

Lyne Roy

No. It happens.

4:05 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

It happens. Right.

Other articles, including one published on the Radio-Canada website on September 27, 2022, talk about information that was subject to the exemptions you mentioned.

Could you define the concepts of national emergency or national security, please?

4:05 p.m.

Senior Director, Access, Privacy, Transparency and Mail Services, Department of Public Works and Government Services

Lyne Roy

I imagine you are referring to the Saint-Bernard‑de‑Lacolle site. Since the concept of national security varies, depending on the situation, the circumstances have to be analyzed and whether or not there is an exemption has to be determined.

4:10 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

Based on the analysis, you see whether or not the exemption applies. In this case, it was determined that this was the case. Why?

4:10 p.m.

Senior Director, Access, Privacy, Transparency and Mail Services, Department of Public Works and Government Services

Lyne Roy

Are you talking about the leases?

4:10 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

I am talking about the contracts that were signed, including the leases, for which we are told there was an exemption to the 30‑day rule for reasons of national emergency or national security. I would like to know what justified that exemption.

4:10 p.m.

Senior Director, Access, Privacy, Transparency and Mail Services, Department of Public Works and Government Services

Lyne Roy

Ms. Maioni, I do not know whether you are familiar with that.

4:10 p.m.

Teresa Maioni Team Leader, Access to Information and Privacy, Department of Public Works and Government Services

I don't think that a national security exception was taken on this particular file. That's something in the context of a law. This does not meet that criteria, so we didn't consider that particular exception in this case.

4:10 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

Nonetheless, that is what the journalists were told.

4:10 p.m.

Senior Director, Access, Privacy, Transparency and Mail Services, Department of Public Works and Government Services

Lyne Roy

If an access to information request was made at the time the contract was awarded, it may be that that exemption was invoked to protect a commercial agreement. Contracts and leases are two different kinds of agreements.

4:10 p.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

In your opinion, should those contracts be made public, since it is public information relating to a public transaction?

4:10 p.m.

Senior Director, Access, Privacy, Transparency and Mail Services, Department of Public Works and Government Services

Lyne Roy

I want to reiterate that each access to information request is examined individually since each one has its own unique aspects. In the case of the requests that we—