Information & Ethics Committee on Feb. 9th, 2026

[Abdelhaq Sari, Liberal, Bourassa, QC]

I agree with you on the right of access to information itself. However, couldn't this push some public servants to use parallel means of communication and collaboration—personal groupware, rather than groupware or software provided by the government?

[Caroline Maynard]

That is certainly a topical issue. These types of apps are generating a lot of discussion. Our recommendation is to prevent the use of apps that do not allow ATI units to access documents and messages sent using these tools. Once again, that requires training, appropriate policies, and very clear rules.

[Abdelhaq Sari, Liberal, Bourassa, QC]

As I've seen over the course of my career, sometimes there are legitimate and interesting requests, for example from the media, but there can also be inappropriate requests. At some of the institutions I worked at, there were sometimes more inappropriate requests than those that were useful and beneficial to the public.

[Caroline Maynard]

Currently, the Access to Information Act provides a mechanism whereby institutions receiving an access to information request that could be considered excessive or in bad faith can ask my permission to refrain from responding.

Last week, I told you that we had received about 60 such requests. In fact, we received 80, and only 15 were approved. So, only a small number of access to information requests are deemed abusive or in bad faith, but there is an adequate process in place to deal with such requests.

[Abdelhaq Sari, Liberal, Bourassa, QC]

I will now move on to a topic that I hope is a little lighter.

Do you think that integrating AI solutions could reduce timelines or simplify how institutions respond to access requests?

[Caroline Maynard]

Yes, absolutely. If you have an adequate information management process and add AI tools to remove duplicates and search for information related to the request, it can certainly speed up response times. I believe Transport Canada currently uses such tools. Immigration, Refugees and Citizenship Canada also has systems that use these tools to speed up request processing.

[Abdelhaq Sari, Liberal, Bourassa, QC]

I don't have much speaking time left, but I would like to talk about the power you were granted by the government in 2019. It's quite interesting. Could you briefly explain that to us? Has this change been a positive development for your work?

[Caroline Maynard]

Yes, definitely. Previously, the Office of the Information Commissioner could only issue recommendations, and institutions often ignored the commissioner's recommendations. Now, we issue orders in cases that we cannot resolve, as I mentioned earlier. This accounts for about 8% of all the complaints we receive. It is an extremely useful tool.

[The Chair, Conservative, John Brassard]

Thank you, Mr. Sari.

Mr. Thériault, you have the floor for six minutes.

[Luc Thériault, Bloc, Montcalm, QC]

Thank you, Mr. Chair.

Good afternoon, Ms. Maynard.

[Caroline Maynard]

Good afternoon.

[Luc Thériault, Bloc, Montcalm, QC]

First of all, thank you for joining us on such short notice. We really appreciate it.

I'm sure you'll agree with me that access to information is the cornerstone of a healthy democracy and society. Civic power depends on citizens having effective access to information about how government institutions are run.

I think we started this conversation the last time we met, but for several years now, there seems to have been some resistance among institutions towards being proactive and taking initiative. They wait to receive requests and fail to make arrangements to process them within a reasonable time frame.

Why is that?

[Caroline Maynard]

I'm often told that proactive disclosure is very expensive. However, when we make decisions or adopt policies, we know that Canadians will want to understand them and that they will make requests. Therefore, we should ensure that documents are created so they can be given to Canadians. I agree with you: The more institutions engage in voluntary disclosure, the better Canadians will understand the decisions and measures that are taken, without necessarily agreeing with them. They will be better equipped to exercise their democratic right later on. In short, I'm told that it's very expensive.

Second, I think there is a culture within government institutions where people are afraid of being questioned or criticized. However, we realize that providing information, especially reliable information, is an advantage, and public servants and institutions should use it. Conversely, if we don't provide reliable information, people will get their news elsewhere. They will create their own stories and become curious, but at the same time, they will also wonder whether they fully understand the decisions that have been made. That's what leads to misinformation and disinformation. If we want to combat all that, it is essential to provide information proactively and respond to access requests in a timely manner.

[Luc Thériault, Bloc, Montcalm, QC]

In fact, institutions complain a lot about disinformation. If we don't want there to be conspiracy theories and statements that can lead to disinformation or the consequences of disinformation, let's inform people properly, give access to information and even promote it. That way, we will have informed citizens who can make informed decisions. We agree on that.

That said, to be able to do so, you still need the power to issue orders. Last September, people at Treasury Board responsible for developing access to information policies suggested that the government might have to review your power to issue orders. These are powers that were given to you in 2019 by the former Bill C‑58. With statements like that, with intentions like that, do you think you can continue to act to protect the public as effectively in the future?

[Caroline Maynard]

Certainly, I am adamantly opposed to a change in my power to issue orders. I understand that there are rumours, if I can call them that, or discussions about the importance or risk of continuing to have orders. I showed you the statistics: Only about 8% of all access to information requests that come to us and are reviewed result in an order. There were approximately 250 orders in the past year. It is a power that enables us to finalize a process with the ultimate goal of providing answers to applicants. I don't think we can go back and remove that authority from the office of the commissioner or from future commissioners.

This is something we can debate when there is a real legislative review. Right now, we're still waiting, but it's something I look forward to in order to be able to make my recommendations on this.

[Luc Thériault, Bloc, Montcalm, QC]

As part of the review of the Access to Information Act, Treasury Board seems to want to consider restrictions on people's right of access to information. What would be the best measures to take to prevent that?

[Caroline Maynard]

As I was saying earlier, the act already provides a mechanism to prevent access requests deemed abusive or vexatious. I don't think we need to go beyond what is already provided for in the act right now.

[Luc Thériault, Bloc, Montcalm, QC]

Thank you.

[The Chair, Conservative, John Brassard]

Thank you, Mr. Thériault.

Mr. Cooper, you have 300 seconds.

Go ahead, sir.

[Michael Cooper, Conservative, St. Albert—Sturgeon River, AB]

Thank you, Mr. Chair.

Thank you, Commissioner.

The federal department or institution with the largest number of access to information complaints, currently, in your office's inventory is the Prime Minister's department, the PCO. Is that correct?

[Caroline Maynard]

Yes.

[Michael Cooper, Conservative, St. Albert—Sturgeon River, AB]

Okay.

The number of orders you have issued to the PCO to comply with the Access to Information Act has gone up markedly. It was zero for the first three years of your order-making powers, and then there were 14 as of 2021-22. A record of 42 was reached in 2024-25, and already this year, 45 orders have been issued. Is that accurate?

[Caroline Maynard]

Yes, sir.

[Michael Cooper, Conservative, St. Albert—Sturgeon River, AB]

Is it fair to say that the performance of the PCO, with respect to its compliance with the Access to Information Act, is of concern to you?

[Caroline Maynard]

It is.