Evidence of meeting #27 for Access to Information, Privacy and Ethics in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was institutions.
A recording is available from Parliament.
Information Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada
I'm aware of Transport Canada, which has been testing some AI with respect to its access to information system and processes. There is IRCC, as well.
In New Zealand, the access requests are being processed initially by AI to triage and then to find the information. To do that, you have to have proper information management to start with.
Liberal
Leslie Church Liberal Toronto—St. Paul's, ON
That's to begin with, so you're collecting the right records.
Thank you.
Conservative
The Chair Conservative John Brassard
Thank you, Ms. Church and Commissioner.
Mr. Thériault, you have the floor for five minutes.
Bloc
Luc Thériault Bloc Montcalm, QC
Thank you, Mr. Chair.
Commissioner, a number of people suggest that exceptions to the act should be strictly limited by being subject to an injury test or a public interest override and that all exceptions protecting the public interest should be subject to a lapsing provision of maximum 20 years.
What do you think?
Information Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada
I agree that every exemption in the current act should be reviewed and analyzed to ensure that it limits access to information as little as possible.
The periods should definitely be shorter. The exemptions in place have not been changed in 40 years.
Information Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada
It was in 1983, so 43 years ago.
Bloc
Luc Thériault Bloc Montcalm, QC
I'm astounded.
Earlier, you said that all public institutions should be subject to the act. One organization suggests that a record be set up for each public institution, including the details of the process and the reasons behind all decisions and actions taken, including evidence-based and political research. This is about the duty to document decisions.
You touched on this a little earlier, but I'd like to hear your comments on it.
Information Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada
The duty to document is based on the fact that there is no information or response to an access to information request. That means that no document was found or created that talks about a decision, policy or measure that was taken. In Canada, only British Columbia, using its own powers, has a duty to document. It requires some effort to implement that duty. It's certainly something that ultimately supports access to information.
I think that should be considered. Whether in the Access to Information Act, the Archives Act or the Information Management Act, there should be a duty to document, similar to what is done for financial transactions and performance management records. In these cases, there's often a tendency to write everything down. We should have the same reflex for most government decisions.
Bloc
Luc Thériault Bloc Montcalm, QC
Is this kind of thing currently being done in the institutions covered by the act?
Based on your experience, do you have anything positive to say about this duty to document?
Information Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada
Right now, I would even say that there may be too many records, but not important or relevant ones.
There's an enormous amount of back and forth, transitory records. The information in those documents has to be found. There should be an obligation to document decisions in a specific document, as has been suggested to you, which would make it much easier for people to find that information and understand the decisions.
Bloc
Luc Thériault Bloc Montcalm, QC
There can be no access to information if the information is hidden in a forest, when it should be in a little cabin on a very well-defined trail. We assume good faith, but it could also be a way of not meeting obligations, that is, sending a bunch of information and telling people to put up with it.
Information Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada
I think it's more because of the way people work now. People are working faster and faster, and doing more with less. There's less accountability for public service employees. They're being asked to do all sorts of things quickly. That's ultimately one of the problems.
Information Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada
Yes, among other things. It's really a matter of understanding the responsibility that comes with our duties and tidying up our files.
Conservative
The Chair Conservative John Brassard
Mr. Thériault, your time is up. Perhaps Mr. Hardy will ask the question you wanted to ask.
February 9th, 2026 / 4:15 p.m.
Conservative
Conservative
Gabriel Hardy Conservative Montmorency—Charlevoix, QC
Thank you, Mr. Chair.
Ms. Maynard, thank you for being here.
During the last election campaign, the Prime Minister said that access to information was really important. I imagine that was to reassure the public. However, you're saying that the current system no longer serves its original purpose.
I see two things that are somewhat contradictory: On the one hand, it's announced as important, and, on the other hand, it's said to be a system that doesn't promote access to information.
Do you feel supported and respected in the work you do, Ms. Maynard?
Information Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada
I currently have the tools I need to do my job. However, do institutions have the necessary resources and support? I'm not sure, and given the budget cuts we're going to see in the coming years, I would say it's a concern.
Conservative
Gabriel Hardy Conservative Montmorency—Charlevoix, QC
What is your operating budget right now, if we take into account the evolution of tasks, for example? What does the annual budget for access to information look like?
Information Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada
My budget is about $15 million a year.
Conservative
Gabriel Hardy Conservative Montmorency—Charlevoix, QC
Okay.
You have powers. You have the right, in fact, to order government institutions to give you access to the documents you request. At some point, if the government decided not to do so, I imagine there would be a cost to taxpayers since you would have to go to court. Does that kind of thing happen?
Information Commissioner of Canada, Offices of the Information and Privacy Commissioners of Canada
First, during my investigations, I have the authority to force institutions to give me the documents I need for my investigations. So far, I have not had to go to court to do that.
Second, when my investigation is completed and I issue an order, institutions have two choices: comply with it or go to court. Institutions have to go to court, and that's provided for in the act. We currently have 11 cases in court. It doesn't happen often.