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Information & Ethics committee  It is concerning there's no action plan being created or any actual actions being taken this year. It looks like we'll have to wait for the next round of reviews of the legislation in five years, which I'm not going to be here for.

May 12th, 2023Committee meeting

Caroline Maynard

Information & Ethics committee  I'm happy you made that distinction, because the act does make a distinction. It's the request itself that has to be abusive, malicious, vexatious or unreasonable, not the requester. We are spending a lot of time reviewing the wording of the request, making sure that what's being

May 12th, 2023Committee meeting

Caroline Maynard

Information & Ethics committee  I can assure you, as I said earlier, that I am definitely feeling the independence in my role. I use all the authorities I have under the act. The challenge is, as you said, with the optics and what it looks like. However, I am not at all challenged in my authority with respect t

May 12th, 2023Committee meeting

Caroline Maynard

Information & Ethics committee  Yes. In my opening remarks.... Given that you are preparing a report with respect to the review of the Access to Information Act and the Privacy Act system, I think it is appropriate for the committee to add recommendations with respect to having a mechanism that's independent

May 12th, 2023Committee meeting

Caroline Maynard

May 12th, 2023Committee meeting

Caroline Maynard

Information & Ethics committee  I would like the commissioner's office to have access to an independent funding mechanism, where a process is put in place, as is the case for other agents of Parliament who are completely independent. That way, we could appear before the committee or before a committee that is s

May 12th, 2023Committee meeting

Caroline Maynard

Information & Ethics committee  I can assure you that I conduct independent investigations. The only thing affected by the lack of funding is the number of investigations we can conduct and the resources we have when we have to go to court. Right now, we have to make choices. If we need to conduct more investig

May 12th, 2023Committee meeting

Caroline Maynard

May 12th, 2023Committee meeting

Caroline Maynard

Information & Ethics committee  As the Auditor General has said before in committee, Parliament sometimes grants us new powers, but there are costs associated with that. That is also true for Mr. Dufresne. For example, since the coming into force of former Bill C-58, I now have the authority to make orders and

May 12th, 2023Committee meeting

Caroline Maynard

Information & Ethics committee  Section 6.1 that Ms. Charette is referring to is a new section of the act, which allows any institution, not just the Privy Council, that receives a complaint or access request that it considers abusive or frivolous to ask me for permission not to respond to it. Such a request is

May 12th, 2023Committee meeting

Caroline Maynard

Information & Ethics committee  In fact, requests of that nature are exceptional. It is very rare that we accept that type of request precisely for the reasons you raise. The right to access information is a quasi-constitutional right. The request for information truly has to be abusive or frivolous and an abus

May 12th, 2023Committee meeting

Caroline Maynard

Information & Ethics committee  That is when the requester's intention is not really to have access to information. It is when the request is really abusive in the sense that it may constitute harassment or be completely unreasonable. At one point, we received a request involving over one million pages of infor

May 12th, 2023Committee meeting

Caroline Maynard

Information & Ethics committee  Yes, but that is my role. It is a somewhat judicial role. I have to weigh the arguments of both parties, who, in these cases, have the opportunity to make representations. I am glad that the institutions have to go through my office. This helps limit these types of requests and e

May 12th, 2023Committee meeting

Caroline Maynard

Information & Ethics committee  No, it is not common. As I was saying, we have received maybe 30 or so requests for permission to reject a request for access to information. We rarely approve those requests.

May 12th, 2023Committee meeting

Caroline Maynard

Information & Ethics committee  Thank you for inviting me to speak to you this morning. I am pleased to report that my office had another record year in 2022-23. During the last fiscal year, my team closed 8,089 complaints. Since the beginning of my mandate in 2018, the annual number of complaints closed by my

May 12th, 2023Committee meeting

Caroline Maynard