Mr. Chairman, as some may know re the refusal to provide information, an amendment would require that a deputy head of a department or a parent crown corporation provide the parliamentary budget officer, the PBO, with a justification in writing should he or she decline to provide input to a request for information.
Regarding the power to notify, an amendment would explicitly provide for the parliamentary budget officer to notify the Speaker of the House of Commons as well as the Speaker of the Senate and/or a relevant parliamentary committee if the PBO is of the opinion that a government institution has failed to comply with a request for information.
The proposed legislation is intended to significantly increase the amount of information that is to be provided to the PBO. Departments and parent crown corporations will be required to provide free and timely access to any information under the control of the department or the parent crown corporation as required in the performance of his or her mandate. This wider access to information is balanced by certain exceptions, including non-disclosure of personal and private information restricted under the Access to Information Act, information protected by the solicitor-client privilege, and cabinet confidences
There have been disagreements in the past between departments and the PBO over the disclosure of information and the proposed legislative attempts to address this. However, requiring written justification will create greater transparency in the relationship between the PBO and government institutions.
In addition, the PBO currently has the ability to engage the Speakers and relevant parliamentary committees should he or she feel that they are not being given access to appropriate information by any and all departments. Committees and/or other areas of interest can then, if they feel it's appropriate, request the information themselves.
This ability to engage parliamentarians is important as it provides the PBO with an appropriate parliamentary recourse mechanism and avoids having to engage the courts. The PBO's ability to engage the Speakers and committees as needed is not explicitly addressed in the proposed legislation. Therefore, in conclusion, the provision to notify provides explicit clarification that this avenue of recourse is open to the PBO.