Complaints, audits, investigations and appeals

Applicants have the right to register a complaint with the Information Commissioner of Canada regarding any matter relating to the processing of a request.

As noted in Table 1, during the 2017 to 2018 reporting period, 40 complaints were filed with the Office of the Information Commissioner of Canada against Environment and Climate Change Canada. Environment and Climate Change Canada provided representations to the Office of the Information Commissioner in 42 complaints and received a report of findings or recommendations in 17 of these complaints.

Forty (40) complaints received in 2017 to 2018, as well as 10 complaints from previous reporting periods were completed in 2017 to 2018, for a total of 50 complaints closed.

Ten (10) complaints received in this reporting period and 15 complaints from previous years remain outstanding.

Table 2 provides a breakdown of the reasons for and results of the complaints that were completed in 2017 to 2018. 

Explanation of the Results of Investigations

• Well founded: the Office of the Information Commissioner (OIC) found evidence of the complainant’s rights being denied under the Access to Information Act.
  
  • Well founded, resolved: the institution took remedial action to the satisfaction of the OIC during the course of the investigation.
  • Well founded, with recommendations, resolved: if the head of the institution accepted the OIC recommendations and remedial action was taken by the institution to the satisfaction of the OIC, the matter is considered resolved and no further action by the OIC is necessary.
  • Well founded, with recommendations, not resolved: if the head of the institution did not accept the recommendations of the OIC, or if the remedial action was not to the satisfaction of the OIC, the complainant will be informed that the matter is not resolved and the complainant, or the OIC with the complainant’s consent, can pursue the matter in court, where the matter relates to a refusal
• Not well founded: as a result of the investigation, the OIC found that the institution applied the Access to Information Act correctly.
• Resolved: for cases of deemed refusal (delay) and extension complaints where the final response to the requester has been sent during the initial stages of the investigation
• Discontinued: the complaint was withdrawn or abandoned by the complainant before allegations were fully investigated.
• Settled: the complaint was settled to the satisfaction of all parties without the need for the OIC to make a finding.

In 2017 to 2018, the Office of the Information Commissioner completed its investigation into a complaint filed in 2013, relating to media access to government scientists.

The complaint alleged that the Government of Canada attempted to obstruct media and, by extension, public access to scientific information produced by government scientists, including those at Environment and Climate Change Canada. The investigation concluded that some of the allegations were founded.

Since the complaint was filed, the government released a set of new policies on the management of communications. The Information Commissioner acknowledged the effectiveness of the new Government of Canada measures, and made additional recommendations to help ensure that scientific information is available to Canadians and that scientists in the federal public service are able to publicly discuss their research.

The department reviews the outcomes of all of the Office of the Information Commissioner investigations and where appropriate, incorporates lessons learned into business processes. There were no recommendations raised by other Agents of Parliament during the reporting period.

Applications/Appeals to the Federal Court or Federal Court of Appeal

A-521-15 Sheldon Blank v. Minister of the Environment: On December 3, 2015, a notice of appeal of the order of Justice Harrington was filed with the Federal Court of Appeal. The appeal was discontinued on November 27, 2017.

• Previous
• Table of contents
• Next