President of the Treasury Board appearance before the Standing Committee on Access to Information, Privacy and Ethics (ETHI) – Access to Information and Privacy Systems – April 2023

On this page

1. Scenario Note
2. Key Actions on Access to Information

Roles and Responsibilities

1. Role of the President of the Treasury Board on Access to Information and Privacy and the President of the Treasury Board’s Commitment on Access to Information and Privacy

Access to Information Law and Policies

2. Overview of the ATI Act – requirements and exemptions
3. Key Actions of Treasury Board Secretariat Policies on Access to Information
4. Privacy and the Use of Data

Other Issues for TBS

5. The ATI Workforce
6. Declassification of files
7. Improving the efficiency of the ATI system through innovation and technological modernization
8. The use of cabinet confidences as an exemption to disclosure under the Act
9. The Office of the Information Commissionner
10. Issues Raised by the Information Commissioner
11. Conclusions from the Access to Information Review
12. Proactive Disclosure
    1. Proactive Disclosure of Information
    2. Proactive Disclosure of Contracts
13. Funding, Costs and overall ATIP performance

Scenario Note

Appearance of The Secretary of the Treasury Board, and TBS officials before the House of Commons Standing Committee on Access to Information, Privacy and Ethics concerning the study on Access to information and Privacy Systems

Background

• On May 16, 2022, the Standing Committee on Access to Information, Privacy and Ethics (ETHI) adopted a motion to “conduct a study into the Access to Information and Privacy system; that the study consists of no fewer than five meetings; and that the committee report its findings to the House”.
• The committee has held a total of 9 meetings since then and it has heard from various witnesses including the Information Commissioner (on two occasions). Officials from PCO, RCMP, PS and GAC, along with stakeholders have also appeared.
• On December 13, 2022, the President of the Treasury Board tabled the government’s report on the Access to Information review in the House of Commons. The most recent appearance by the Information Commissioner on March 7, 2023 was mainly a discussion surrounding the December report.

Day of – Scenario (ETHI)

• The meeting is expected to begin at 3:30 pm, subject to delays due to votes in the Chamber. The Minister, Chief Information Officer and the Chief Data Officer of Canada are expected to appear without any other witnesses.
• The Minister will issue 5 minutes of opening remarks and TBS officials will appear for a total of one hour.
• Officials without a Parliamentary pass appearing in person should arrive half an hour early to allow time for security screening.
• The rounds will occur as follows:
  

  First Round - That, there be allocated six minutes for the first questioner of each party as follows:
  Conservative Party
  Liberal Party
  Bloc Québécois
  New Democratic Party

  Second and Subsequent Rounds
  Conservative Party, five minutes
  Liberal Party, five minutes
  Bloc Québécois, two and a half minutes
  New Democratic Party, two and a half minutes
  Conservative Party, five minutes
  Liberal Party, five minutes

Briefing Binder

• A binder has been prepared in anticipation of the appearance, which the President’s office received a week prior. The binder provides an overview of the Access to Information Laws and Policies. The binder also includes material on key issues such as declassification, disclosures and innovation surrounding the ATI and material concerning the Office of the Information Commissioner is provided.

Other Relevant Information

• The Information Commissioner most recently appeared on March 7, 2023 and expressed her frustrations with the slow movement on the ATI review and leadership by Treasury Board.
• In addition to the study on Access to Information and Privacy Systems, the committee has a number of ongoing studies at the current time. Most notable, the study on Foreign Interference and Threats to the Integrity of Democratic Institutions, Intellectual Property and the Canadian State and the study on the Third Edition of the Lobbyists Code of Conduct.

Key Actions on Access to Information

Below is an updated list of key actions, implemented, planned or underway, to improve access to information and transparency. These actions address concerns and feedback raised previously by the Information Commissioner and by stakeholders in the context of the Access to Information (ATI) Review.

This work builds on the ongoing work of the Treasury Board of Canada Secretariat (TBS) in terms of supporting and providing policy advice and guidance to more than 265 federal institutions in respect of the administration of the Access to Information Act (ATIA).

Role of the President of the Treasury Board on Access to Information and Privacy and the President of the Treasury Board’s Commitment on Access to Information and Privacy

Issue

The President of the Treasury Board of Canada is the designated Minister responsible for the administration of the Access to Information Act and Privacy Act across government and, as such, holds a leadership role in policy and administrative matters under these Acts. Given these responsibilities, expectations are for the Treasury Board President to play a leadership role in these areas.

Response

• As designated Minister under the Access to Information Act and the Privacy Act, I am responsible for the administration of both Acts.
• This includes supporting institutions in meeting their obligations through a suite of policies and directives to improve services for Canadians.
• Building on the work of my predecessors in updating the Access to Information Act since 1983, we have invested in:
  • Completing the first legislated review of the Access to Information Act;
  • Investing in the ATIP Online portal, a new service to submit ATIP requests online and find information on past requests; and
  • Undertaking an evaluation of the Proactive Publication system.
• The Minister of Justice was tasked with continuing the substantive review of the Privacy Act, including engagement with Indigenous partners, to develop specific proposals for amendments to the Privacy Act to keep pace with the effects of both technological change and evolving Canadian values. My officials continue to work closely with department of Justice officials to advance this work.

Background

The President of the Treasury Board is the Designated Minister for the administration of the Access to Information Act and the Privacy Act across government, which includes:

• Issuing direction and guidance to government institutions with respect to the administration of the Acts, and approving any exceptions to policy requirements.
• Prescribing forms and platforms to be used in the administration of the Acts, as well as the form and content of the annual reports to Parliament.
• Publishing annually an index that describes government institutions, their responsibilities, programs and information holdings.
• Reviewing and publishing statistics collected by institutions under the Acts.

The Treasury Board Secretariat (TBS) is responsible for supporting the President of the Treasury Board in fulfilling their responsibility as the Minister responsible for the administration of the Acts.

Under the President’s authorities, two policies (the Policy on Access to Information and the Policy on Privacy Protection) and five directives (the Directive on Access to Information Requests, the Directive on Personal Information Requests and Correction of Personal Information, the Directive on Privacy Practices, the Directive on Privacy Impact Assessment, and the Directive on Social Insurance Number) have been issued in support of these obligations.

TBS provides direction and guidance to the roughly 265 institutions that are subject to the Acts with the respect to the administration of the Acts and the interpretation of the policies and their supporting instruments. TBS additionally publishes policy instruments and guidance issued by the Treasury Board of Canada that support proactive publication, open information and data and security for departments within the Core Public Administration.

The President has the authority to prescribe the forms (and, by extension, the platforms) to be used in the administration of the Acts, including the new ATIP Online Portal. TBS also supports the President’s authority to prescribes the form and content of the annual report to Parliament and oversees compliance with the policies and their supporting instruments.

Under the President’s authorities in the Privacy Act, TBS receives Privacy Impact Assessments of new or substantially modified programs that involve personal information and registers the Personal Information Banks related to those programs. It also has designated that each institution must have an Information about Programs and Information Holdings website where they must publish a description of the government institution, their responsibilities and the Personal Information Banks descriptions. TBS reviews these websites annually for compliance.
TBS also receives and reviews reports of material breaches of the Privacy Act. Where multiple institutions are implicated, the Secretariat also advises institutions where a coordinated response is required.

Under authorities of the President in both Acts, TBS reviews the annual reports on the performance of the ATIP programs within institutions and publishes a Statistical Report based on those reports. It also publishes an annual summary of the court cases related to Acts and maintains a contact list online of the titles and addresses of the officers who receive access requests at each institution.

Finally, TBS works with the Canada School of Public Service to integrate knowledge elements of related to both Acts and their policy instruments into training courses, programs and knowledge assessment instruments.

Overview of the ATI Act – requirements and exemptions

Issue

Key information on the Access to Information Act.

Response

• Openness, transparency, and accountability are guiding principles of the Government of Canada. Government information ultimately belongs to all Canadians.
• The Access to Information Act requires that government institutions make every reasonable effort to assist those who request information and respond to requests in a timely manner.
• In 2019, with Bill C-58, our Government enacted the most important improvements to the Act in over 30 years to enhance the openness and transparency of government.
• These changes included:
  • providing the Information Commissioner order-making powers, including ordering the release of government records;
  • eliminating all fees apart from the $5 application fee;
  • creating a requirement to review the Act every five years, and
  • requiring institutions to proactively publish specific information known to be of interest to the public, without a request.

Background

Purpose and Parts:

The purpose of the Access to Information Act is to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society and to enable public debate on the conduct of those institutions. This purpose is upheld by two parts, Part 1 (the request-based system and Part 2 (Proactive publication)

Under Part 1 of the Act, Canadian citizens, permanent residents, and corporations resident in Canada have the right to request access to any record under the control of a government institution – s.4.

To balance the right of access with the protection of other important values such as privacy, confidentiality and security, Part 1 of the Access to Information Act provides exemptions from release for certain kinds of information.

Part 2 requires information be published proactively, including:

• mandate letters from the Prime Minister to ministers;
• briefing packages for new ministers and deputy heads;
• briefing note titles;
• Question Period notes;
• briefing materials prepared for ministers’ appearances at Parliamentary Committees;
• information on government contracts over $10,000;
• travel and hospitality expenses by senior government officials and minister.

When proactively publishing information under Part 2, the information published aligns to the same information that would be provided in response to a request under Part 1.

The Act has also been recognized by the Supreme Court of Canada as having quasi-constitutional status, which means that it will generally override other inconsistent laws.

Application:

Approximately 265 institutions are subject to Part 1 of the Act including departments and agencies; Crown corporations and wholly-owned subsidiaries.

Part 1 of the Act applies to records “under the control” of a government institution.

Part 2 of the Act, requirements for proactive publication, apply to the Prime Minister's Office, ministers' offices, senators, members of Parliament, institutions that support Parliament and the courts, government departments and agencies, and Crown corporations.

Exemptions and Exclusions:

Some exemptions are mandatory (for example, for personal information); others are discretionary (for example, information relating to federal-provincial affairs). Key exemptions include:

• information obtained in confidence, s.13(1);
• federal-provincial affairs, s.14;
• international affairs, defence and national security, s.15(1);
• law enforcement, investigations and security of penal institutions, s.16;
• safety of individuals, both physical and psychological, s.17;
• personal information, s.19;
• solicitor-client privilege, s.23 and
• the protection of advice and recommendations from public servants to Ministers of the Crown, s.21(1)(a)

Some information is excluded from the application of the Act and will not be provided, such as published material, s.68, and Cabinet confidences, s.69.

Request processing and Timelines:

After receiving a request, an institution has 30 calendar days to reply and give written notice as to whether or not access to the information will be given. If the institution is unable to meet the 30-day time limit then it may extend it for a reasonable period under specific conditions, including when consultations are required.

In September 2022 you issued guidance to institutions requiring that consultation requests be limited, narrow in scope and provided with context, given the same priority as ATI requests, responded to in a reasonable time frame and monitored for timeliness.

Complaints

A requester not satisfied with an institution’s response can complain to the Information Commissioner. After receiving a complaint, the Information Commissioner will launch an investigation.

The Commissioner has the power to issue orders to institutions, including orders to disclose records. Institution may seek judicial review the Information Commissioner’s order from the Federal Court of Canada. In specific circumstances, Third Parties and the Privacy Commissioner may also seek judicial review.

Key Actions of Treasury Board Secretariat Policies on Access to Information

Issue

While the Access to Information Act provides a broad right of access and underwent significant amendments in 2019, many stakeholders are still calling for the Government to bring forward additional legislative changes to the Act.

Response

• Many of the most pressing challenges facing the ATI regime do not necessarily require legislative change to address, or to make improvement to the regime.
• The Government has identified a series of key actions to address challenges across several areas, including providing enhanced guidance and adjustments to practices, building operational capacity and introducing processing tools and digital solutions to improve access to information for Canadians. 
• For example, we are addressing irritants around length of time for department consultations through enhanced guidance issued last fall to departments to speed up these processes. In addition, we have changed the practice of removing after two years summaries of previously released requests packages posted online so that they continue to be available for individuals wishing to request them.
• Last spring, we launched the Access to Information and Privacy Development Office to help build operational capacity across government.  The Office will support ongoing external recruitment activities, retention, training and professional development activities to build a strong community of ATIP professionals. A recent recruitment campaign resulted in a pool of 150 candidates to support departmental hiring efforts.
• Additionally, we recognize that technology will play a central role in helping us to be more responsive in addressing information requests.  To that end, we launched a new version of the ATIP Online Portal allows users to sign on to create an account, and track and receive their completed requests directly from institutions all within the portal securely and efficiently.
• Finally, TBS put in place contracts to allow departments to replace various processing software applications currently being used across government, many of which are outdated.
• As part of our commitment to transparency, and to highlight the work we are doing to improve access to information, the key actions we are taking to improve the access to information regime are posted on our web site and updated regularly.

Background

TBS is taking numerous actions aimed at providing Canadians greater access to information and improving privacy programs, beginning with the 2015 mandate commitment to improve access to information.

TBS is improving the ATIP Online Portal, including launching the current version in July 2022. So far 240 institutions are now onboarded to the portal, with others planning to join in the future. TBS also awarded three contracts for next-generation ATIP request processing software, eliminating the need for complex procurement processes and increasing efficiency.

TBS launched the Access to Information and Privacy Communities Development Office (APCDO) to support the Access to Information and Privacy communities. The APCDO supports ongoing recruitment activities, as well as retention, training and professional development.

• In 2022–23, TBS provided 16 in-depth information sessions to ATIP professionals on specific sections of the Acts, as well as offering onboarding training to new ATIP professionals.

In 2022–23, a successful Canada-wide recruitment campaign was undertaken. All Canadians were invited to apply and more than 1000 people submitted their applications. Over 150 were successful in qualifying in a candidate pool. This experience provided valuable lessons learned from both the institutions and the candidates, which will positively influence future recruitment initiatives. Additional recruitment activities will be undertaken later in 2023.  This provided approximately 100 outside candidates to the ATIP workforce and offered promotional opportunities to another 60 candidates already working in the ATIP workforce.

TBS supports the Department of Justice on Privacy Act Modernization efforts. TBS also supported the implementation of Privacy Act Extension Order, No. 3, which extends the right of access to personal information universally, through new forms and guidance on identity verification of all requesters, including foreign nationals. This update to the Privacy Act removes the need for foreign nationals outside Canada to employ a third-party service to make a request under the Access to Information Act. It also aligns Canada's federal public sector privacy regime with the European Union’s General Data Protection Regulation (GDPR).

TBS is committed to improving how the privacy program is administered, including providing new tools and guidance to government institutions. The Policy on Privacy Protection and its underlying directives were updated twice in 2022 to reflect updates to Act and current best practices. The Digital Privacy Playbookpublished on March 27, 2023, on Canada.ca offers support to Government of Canada (GC) institutions in understanding existing TBS privacy policy requirements and provides practical guidance on how to design with privacy in mind by building privacy principals into their initiatives.

Additionally, the new Personal Information Request Manual, the new Information Sharing Arrangement templates and guidance and the eight Privacy Implementation Notices published since 2020 are some of the ways we are supporting the privacy community and helping to better protecting personal information.

Privacy and the Use of Data

Issue

The Treasury Board of Canada Secretariat’s role in relation to privacy, breaches, and the use of data in the public sector.

Response

• The Government of Canada takes the privacy of Canadians seriously and supports institutions in managing their information holdings through a suite of policies and directives.
• These policies and directives provide guidance on the management of personal information and data. They ensure that assessments are undertaken on the planned collection and use of personal information.
• As the government continues its transformation to a more digital government, we will continue to ensure that our approach and actions are guided by respect for the privacy of Canadians.
• The Government looks forward to continuing to work with the Privacy Commissioner to help ensure Canadians' personal information is kept safe and secure.

Background

The President of the Treasury Board is the Designated Minister for the administration of the Privacy Act, which includes issuing policies and guidance pertaining to the protection of personal information.

The Directive on Privacy Impact Assessment requires institutions to conduct Privacy Impact Assessments for non-statistical programs and activities involving the collection, use or disclosure of personal information that raise privacy, confidentiality, or security risks.

The Privacy Impact Assessment evaluation process also requires institutions to develop measures intended to mitigate and, wherever possible, eliminate identified privacy risks. Under TBS policies, institutions are required to provide completed Privacy Impact Assessments to TBS and to the Office of the Privacy Commissioner.

On March 23, 2023, the President of the Treasury Board tabled the Government’s Response to the seventh report of the Standing Committee on Access to Information, Privacy and Ethics (ETHI) - PDF. The report included recommendations to elevate to legislation Privacy Impact Assessment requirements for high-risk technological initiatives and to grant the Office of the Privacy Commissioner of Canada the power to make recommendations and issue orders when it finds violations of the laws for which it has oversight.

In its response, the Government recognized the need to establish a modern privacy framework and referenced the Department of Justice Canada’s ongoing efforts to modernize the Privacy Act, including through potential updates to Privacy Impact Assessment requirements and to the Act’s oversight regime.

The Policy on Privacy Protection requires that federal institutions establish plans and procedures for addressing any privacy breaches in their institution. The Policy also requires institutions to report material privacy breaches to TBS and the Office of the Privacy Commissioner. Material privacy breaches involve sensitive personal information or data (for example, medical or financial information or data) that could cause a real risk of significant harm to the individual. TBS records and reviews the breach reports and identifies where additional guidance or training may be required. Where warranted, based on scope and sensitivity, TBS works with the institution on its response and mitigation efforts.

The Office of the Privacy Commissioner determines its response to a breach report based on a risk assessment. The approach ranges from an informal review through to a full investigation.

Other TBS policy instruments such as the Government of Canada Digital Standards, the Policy and Directive on Service and Digital, and the Directive on Automated Decision-Making set requirements to ensure that personal information and data is protected and is used in a manner compatible with the Privacy Act, and that privacy protection is accounted for in any plans or strategies to manage information or data.

The Policy on Service and Digital holds deputy heads responsible for ensuring that, when managing personal information or data, including in the context of data interoperability, the privacy of individuals is protected, and that privacy is addressed in the context of any plan or strategy to manage departmental information or data.

The ATI Workforce

Issue

Parliamentarians have expressed concern with the use of contractors to process access to information requests and the Information Commissioner has noted workforce capacity challenges across the ATI regime. Parliamentarians have also been interested in supports to institutions to provide additional trained and qualified human resources and expedite responses to ATI requests.

Response

• The ATIP workforce works diligently in the administration of both the Access to Information Act and Privacy Act.
• Contractors are sometimes used by institutions to address gaps in trained and qualified employees and to address surges in the number of requests or in the number of records.
• The ratio of consultants to employees declined from a high of 13% between 2011-12 and 2013-14, to 7-8% since 2016-17.
• We are supporting the ATIP Community through the Access and Privacy Community Development Office launched in June 2022. The Office is coordinating recruitment processes and providing centralized training to build capacity across the access to information and privacy communities.
• A recent Canada-wide recruitment campaign resulted in over 150 successful applicants we available to Government of Canada institutions. As of April 1, 90 candidates remain available to be hired from the pool.

Background

There are 1,600 employees who work directly in the administration of both the Access to Information Act and Privacy Act. Of those, 900 employees and 81 additional contractors worked specifically in Access to Information while 700 employees and 27 additional contractors worked in Privacy in 2021-22.

Employee costs accounted for $75 million or 80% of the total expenditures for the ATI program in 2021-22. Costs relating to contractors accounted for $14.5 million or 15% of the total expenditures.

The government has been innovating in areas such as recruitment processes, capacity-building and training to identify how best to support the access to information and privacy communities. We expect this will help Canadians access government information more quickly.

In June 2022, TBS launched the Access to Information and Privacy Communities Development Office (APCDO) to provide institutions with centralized training and coordinated recruitment. The APCDO was funded by most implicated institutions through various memoranda of understanding. The financial commitment for 2022–23 was $680,000.

In 2022–23, a successful Canada-wide recruitment campaign was undertaken. All Canadians were invited to apply and more than 1000 people submitted their applications. Over 150 were successful in qualifying in a candidate pool. This experience provided valuable lessons learned from both the institutions and the candidates, which will positively influence future recruitment initiatives. Additional recruitment activities will be undertaken later in 2023.  This provided approximately 100 outside candidates to the ATIP workforce and offered promotional opportunities to another 60 candidates already working in the ATIP workforce.

As part of their new initiatives, the APCDO offered over 20 virtual information sessions to more than 1,100 individuals in the ATIP workforce. Subjects ranged from onboarding to specific sections of the ATIA and Privacy Act, as well as ATIP statistics and privacy breaches. Participants have been strongly positive in their feedback. Many have attended multiple sessions. The APCDO has many topics to offer training on in the coming fiscal year. To add to this, they are exploring other methods to provide additional training and development to the communities as they continue to ramp up their services.

The APCDO has also began gathering training materials in use by institutions so that they can build a compendium of training products that could be useful to ATIP Professionals. As a first deliverable for this project, they will soon publish an ATIP Professionals Learning Placemat which contains a curated list of learning tools on subjects like ATIP, Indigenous Learning, Mental Health, Service, Information Management, Security and Onboarding, to support their professional development.

Government institutions spent $14.5M on professional services contracts for administering the Access to Information Act in 2021-22. $75.4M was spent on employees, $2.9M was spent on other costs.

The number of person years attributed to contractors has declined from a high of 124 a decade ago to vary between 60 and 80 since 2016-17.

Consultants are most heavily used by institutions that close more than 1,000 requests annually such as Canada Revenue Agency, Health Canada and National Defence.

Declassification of files

Issue

Declassification has been raised during the ETHI study and will continue to be a significant point of contention as the study continues. What is the government doing to advance the work on the declassification of records.

Response

• Public Safety Canada has concluded a collaborative pilot project with Library and Archives Canada, the Privy Council Office, and the National Security and Intelligence community to declassify historical records of the Joint Intelligence Committee.
• The pilot was intended to evaluate a national security and intelligence-specific framework for declassification and downgrading.
• The pilot is a first step in determining how a large-scale review of classified historical records might be undertaken, and the manner and extent to which declassification can be done in a meaningful way.
• Through this declassification initiative, the government aims to promote transparency and foster a better understanding of activities undertaken by the National Security and Intelligence community.
• TBS is continuing to explore additional ways to help support institutions processing ATI requests for classified records in a timely fashion.

Background

TBS policy sets out the requirements for departments to protect information throughout its lifecycle, including ensuring that the time frame for protection of information is kept as short as possible respective of privacy, legal, or other policy obligations.

Government records are assigned a security rating based on the risks associated with the record being disclosed at the time of the record’s creation. These categories range from risks to an individual’s privacy and personal dignity, to those related to Canada’s national interests and security.

Security categorization is based on the risks that exist at the time they were applied and dictate how government officials handle and store the information. The concept of declassification is premised on the assumption that with the passage of time – risks and the applicability of the original categorization is variable.

The Directive on Security Management from the Treasury Board Secretariat requires departments and organizations to define and document the requirements for ensuring the protection of departmental information throughout its lifecycle, commensurate with identified security requirements and threats (Appendix B.2.2.1.3 of the Directive).

This includes assigning the shortest possible period for the protection of information, whilst ensuring that the security category continues to reflect potential impacts of a compromise and accounting for privacy, legal, or other policy considerations, in consultation with relevant authorities and abiding by agreements with third parties. Security categories can also be upgraded if the expected injury risk increase (Appendix E.2.2.2.2 of the Directive).

These policy requirements are intended to provide institutions with the flexibility they need to assign security classifications, and to downgrade or remove them when it is appropriate. This means, however, that there is not a systematic, GC-wide approach. For many historical records, such as those held by Library and Archives Canada or the National Security and Intelligence community, receiving an ATI request is the de facto method of reviewing.

Canada does not have a national declassification program similar to the one available in the United States. TBS will continue to explore ways to facilitate systematic scheduled reviews, downgrading and declassifying of records.

On April 26, 2022, the Information Commissioner released two reports, a systemic investigation regarding LAC’s delayed responses to access requests and a special report to Parliament that highlighted this issue along with the need for a declassification program. The special report highlighted that more rigorous declassification could play a significant role in reducing LAC’s ATI burden by allowing for more proactive disclosure of Canada’s National Security and Intelligence history.

In December 2022 the ATI Review report concluded that a systematized approach to declassification supports government transparency and accountability, enhances access to Canada’s history, and improves the agility of the ATI regime and security of information systems.

Improving the efficiency of the ATI system through innovation and technological modernization

Issue

Discussion of the efficiency of the ATI system has been the overarching theme of ETHI’s study. How is the ATI system using innovation and technical modernization to improve service to Canadians?

Response

• Access to information should reflect today’s digital world and Canadians’ expectations for accessible, timely, and trustworthy information.
• This includes enhancing proactive disclosure, increasing operational capacity of institutions that fall under the Access to Information Act, and initiatives which reflect today’s digital world and Canadians’ expectations for accessible, timely, and trustworthy information.
• Meeting these expectations and delivering on government’s digital capabilities are critical to maintaining trust in Canada’s institutions.
• TBS is improving the ATIP Online portal and has helped institutions procure modern request processing software.
• Using ATIP Online, Canadians can create accounts to efficiently submit requests, track the status of their requests, and download responses to their ATI request through a secure online portal.
• We have onboarded 251 institutions on to the ATIP Online platform, and over the course of 2023-24 we will continue to onboard more, including IRCC and CBSA. This will result in over 90% of ATIP requests going through the Government of Canada’s ATIP Online Platform.

Background

TBS is providing tools that enable institutions to implement digital ATIP services and processes.

Request Processing Software Solutions

In May 2022, the Government of Canada awarded three contracts for the next generation of ATIP request processing software. In doing so, we eliminated the need for institutions to conduct their own complex competitive procurement processes, allowing them to focus resources on their core business.

The new processing software will allow institutions to replace legacy applications, thereby providing more reliable applications with more advanced functionality to gain efficiencies through improved internal digital processes.

ATIP Online

In July 2022, TBS implemented the current version of ATIP Online, the first major improvement to the ATIP Online Request Service since it was rolled out to the public in October 2018. The new ATIP Online lays the foundation for a more comprehensive digital service delivery platform, by introducing a secure sign-in service with multi-factor authentication, user accounts, status updates for requests in real time, and integrated electronic delivery of packages. These improvements to the system will allow us to add more functionality that will further inter-departmental integration and more a robust digital service to Canadians. The ATIP Online platform now serves 251 institutions and work continues to onboard the few remaining institutions.

The next functionalities that will be implemented to expedite processing of requests include:

• A means to expedite communications between ATIP Offices and the requester through a secure messaging service (expected by June 2023);
• The integration of ATIP Online with the new institutional request processing software to automate the institutional request intake process (Targeting end of 2023); and
• A means for institutions to consult each other digitally through the ATIP Online portal, providing instant transmission of consultation requests and responses between institutions. (targeting end of 2023)

Open Government Portal

TBS also recently stopped removing ATI request summaries from the Open Government Portal after 2 years and has published a comprehensive dataset of ATI summaries to support research and analysis.

To support transparency more broadly, in 2021, the Suggest a Dataset functionality on the Open Government Portal was updated to make the process more user-friendly and transparent. There are currently 459 requests through Suggest a Dataset with various statuses of which 108 have resulted in datasets released, 135 are in progress (or dataset not held by the government and 199 are awaiting response from government institutions.

The use of cabinet confidences as an exemption to disclosure under the Act

Issue

The treatment of Cabinet Confidences under the Access to Information Act has been the subject of significant commentary during ETHI’s study with some advocating for Confidences to fall under the scope of the Act. Currently, confidences of the King’s Privy Council are excluded from the ATIA.

Response

• Our Government continues to explore ways to ensure that information excluded from the right of access is as limited as possible, while maintaining essential safeguards for privacy, security, and confidentiality.
• Information that is a Cabinet confidence is excluded from the scope of both Access to Information Act and Privacy Act and therefore cannot be disclosed.
• Excluding this information upholds the principle of collective ministerial responsibility and allows ministers to engage in full and frank discussions necessary for the effective functioning of a Cabinet system.
• In recent years, based on information received from institutions subject to the Act, the use of the cabinet confidence exclusion has generally been decreasing.
• The Information Commissioner has recently mentioned that only a small number of complaint cases, likely less than 5 percent, dealt with Cabinet confidence.
• Determining whether the Cabinet confidence exclusion applies is subject to a review involving both the Department of Justice and the Privy Council Office.

Background

An ‘exemption’ is a mandatory or discretionary provision under the Act that compels or authorizes the head of the government institution to refuse to disclose records in response to an access request.

An ‘exclusion’ means that the information is not subject to the ATIA. There is no discretion by the head of the institution to release excluded information.

Section 69 of the Access to Information Act provides that the Act does not apply to confidences of the King’s Privy Council for Canada (Cabinet confidences). This is referred to as the Cabinet confidences exclusion. The exclusion is intended to ensure that the principle of collective responsibility is upheld and ministers can engage in full and frank discussions necessary for the effective functioning of a Cabinet system. In 2002, the Supreme Court of Canada recognized that Cabinet confidentiality is essential to good government.

The 2019 updates to the Act did not make any changes to the Cabinet confidences exclusion. The Government made no commitment to change the current protections for Cabinet confidences.

The Information Commissioner cannot review excluded information such as Cabinet confidences in the course of an investigation. In contrast, she can review materials subject to an exemption.

During the legislative process leading to the 2019 changes to the Act, stakeholders, including the Information Commissioner, pressed to narrow the protection for Cabinet Confidences by replacing the exclusion with a more narrowly-worded exemption. This would allow the Commissioner to view Cabinet confidences during an investigation.

• In its 2016 review of the ATIA, ETHI recommended that the current exclusion be replaced by a mandatory exemption. ETHI also recommended that the mandatory exemption for Cabinet confidences should not apply to purely factual or background information;
• information in a record of a decision made by Cabinet or any of its committees on an appeal under an Act;
• where consent is obtained to disclose the information;
• information in a record that has been in existence for an appropriate period of time as determined by the government and that this period of time be less than the current 20 years.

The Privy Council Office supports the Clerk of the Privy Council to determine what constitutes a information may qualify as a Cabinet confidence, institutions must follow the consultation process that has been established between the Privy Council Office and the Department of Justice. The concept of Cabinet Confidences is also defined in the Canada Evidence Act.

Internationally, most Cabinet, or functionally similar bodies are both subject to their domestic ATI legislation, and independently reviewable. In some rare instances, like the United Kingdom, the independent review of Parliamentary privilege, which in the United Kingdom encapsulates Cabinet discussions, can be subject to ministerial veto. In the United Kingdom, that veto has come under scrutiny since 2010. In Canada, Cabinet confidences are entrenched across federal legislation, meaning any review of its application necessarily goes well beyond the ATIA.

The Office of the Information Commissionner

Issue

During her March 7, 2023 appearance before ETHI, the Commissioner raised a number of issues, including the increased volume of complaints being fielded by her office and the need for additional financial and human resources.

Response

• While requests for funding increases to this office would be considered through the budget process, my department is leading work to address the issues raised by the Commissioner regarding the need for additional resources for the ATIP community. Through the Access and Privacy Community Development Office launched in June 2022, we are supporting the ATIP Community.
• More specifically, the Office is coordinating recruitment processes and providing centralized training to build capacity across the access to information and privacy communities.
• To reduce complaints to the Information Commissioner associated with delays in responding to requests caused by inter-institutional consultations TBS issued guidance to government institutions on inter-institutional consultations. The Notice clarifies that consultations are not mandatory under the Act and should take place only when needed.
• Further, the Notice also recommends that processing institutions establish and implement a process for monitoring timelines for consultation extensions and, if necessary, for taking action.
• The Government will continue to support the Information Commissioner in her important work.

Background

The Information Commissioner is an Agent of Parliament charged with arms-length oversight of the administration of the Access to Information Act. She investigates complaints about federal institutions’ handling of access requests and reports to Parliament on her work.

In her March 2023 appearance before ETHI, the Information Commissioner noted that while there is an increasing volume of complaints received by her office, she has reached the limit of what she is capable of investigating at current funding levels. As the Information Commissioner is an independent Agent of Parliament, TBS has no role to oversee or monitor how her budget is allocated; she is solely responsible for managing her Office’s resources.

The Office of the Information Commissioner (OIC) has noted three factors as contributing to the increase in complaints:

• The number complaints the OIC receives corresponds with the number of access requests departments receive, which is also increasing;
• High-profile issues tend to result in access request spikes—the OIC reports that this was the case in the wake of the 2013 Lac Mégantic train accident and projects an increase in Phoenix pay system requests; and
• The OIC has launched an online request form, making it easier to register complaints.

The current funding level for the OIC is based on concluding 4,000 cases a year, but it is concluding 7,000 cases annually. The caseload has increased 180 percent in the past five years. 75 percent of the funding goes towards hiring investigators. OIC states that it cannot reduce the 3,500–4,000 inventory without more resources. Additionally, institutions that are the subject of investigations must allocate additional resources to respond to the IC’s investigations.

While the Information Commissioner is an Agent of Parliament, the OIC falls under the responsibilities of the Minister of Justice. As with other federal institutions listed under Part III of the Financial Administration Act (FAA), the OIC must seek budgetary approval from the Treasury Board committee of Cabinet.

It has been suggested that the budget of the OIC, rather than requiring the standard approval by Treasury Board for funding, could be discussed by a parliamentary committee or a special committee that could then make a recommendation on funding level. This would provide for greater independence. This is the case in Australia. In Canada, there are Agents of Parliament that have independent mechanisms to determine funding (e.g., the Public Sector Integrity Commissioner or the Chief Electoral Officer), and the Information Commissioner has in the past suggested that their model, where budget submissions are considered by the Speaker of the House of Commons and then transmitted to the President of the Treasury Board for inclusion in the Estimates without change, may be more appropriate to the work of the OIC.

Issues Raised by the Information Commissioner

Issue

During her March 7, 2023 appearance before ETHI, the Commissioner raised a number of issues.

Response

• Access to information is essential for our democracy and must reflect Canadians’ and Indigenous Peoples’ expectations for accessible, timely and trustworthy information.
• As the Information Commissioner herself has pointed out, many of the most pressing challenges facing the regime do not require legislative change to address.
• We have taken action on most of the recommendations brought forward through non-legislative changes.
• For examples, we are committed to continuing to strengthen access to information by enhancing proactive disclosure, operational capacity, processing tools, and digital solutions to ensure a more efficient regime, building on the first legislative reforms to the Act in over 30 years. 
• We welcome the views of Parliament on the way forward.

Background

The Information Commissioner (IC) has appeared twice at ETHI, most recently on March 7, as part of their ongoing study of the access to information and privacy system and provided comments in the following areas on the Government’s Access to Information review final report which was tabled in December 2022:

• Areas for additional focus related to training of the ATI Workforce
  • On March 7, the IC stated that training on ATI is not mandatory for public service employees. The Directive on Access to Information Requests requires mandatory training, and documentation of that training, for all employees. Institutions report on training activities in their Annual Reports.
• Improvements to ATIP Online - Improving the Efficiency of the ATI System through Innovation and Technical Modernization

Other areas of concern identified by the Information Commissioner during ETHI Appearance in October 2022 and March 2023:

Increasing volume of complaints and Office of the Information Commissioner budget: The Government will continue to support the Information Commissioner in her important work. We are committed to working closely with the Information Commissioner to discuss the funding needed to achieve her mandate, however I cannot comment specifically on any current requests for new funding for the OIC, which would need to be submitted to the Minister of Finance by the Minister of Justice for consideration.

Actions on Access to Information: TBS is developing a three-year action plan that covers the themes outlined in the ATI Review Report.

Order-making power and certification process: The Commissioner suggested that a certification process of orders filed with the Federal Court would strengthen her order-making power. TBS understands that the Commissioner has the option to decide to commence proceedings in Federal Court to compel a government institution to respect her orders. The Commissioner has, to date, not taken this step.

Creating a Declassification Program: Canada does not have a national declassification program similar to the one available in the United States. Public Safety Canada has concluded a collaborative pilot project with Library and Archives Canada, the Privy Council Office, and the National Security and Intelligence community to declassify historical records of the Joint Intelligence Committee. The pilot is a first step in determining how a large-scale review of classified historical records might be undertaken, and the manner and extent to which declassification can be done in a meaningful way. TBS will continue to explore ways to facilitate systematic scheduled reviews, downgrading and declassifying of records.

Supporting the Duty to Document: Under the Treasury Board’s Policy on Service and Digital, deputy heads are responsible for ensuring that decisions are documented, and employees are responsible for documenting their activities and decisions. In addition, destroying or falsifying a record in anticipation of a request is an offence under section 67.1 of the Act. TBS has been working with partners to provide fundamental training on the proper information management and will continue to explore ways to ensure that the duty to document is being met by all public servants. Additionally, the Information Commissioner has indicated that she is investigating comments made by the Comptroller General of Canada at the Standing Committee for Government Operations regarding asking officials not to take notes during meetings.

Need for Increasing Training: TBS created an ATI and Privacy Community Development Office which has held various learning events attended by more than 1,100 individual employees since November 2022 and will continue to support the community through training opportunities. (see card 5)

ATI response packages and proactive disclosure: Summaries of Completed Access to Information Request responses are available on the open government portal in both French and English, and institutions are required by TBS policy to publish these summaries every thirty days. TBS has also recently published a historical dataset of ATI request summaries to help with research and analysis. TBS continues to work to provide access to the full response packages in formats that align to requirements of the Official Languages Act and the need for all government of Canada communications to be accessible.

TBS continues to work to mature the legislated proactive publication program through actions in response to the internal evaluation and Review report, including the development of a new Directive with a focus on monitoring.

Consultations contributing to delays: TBS has recognized that the consultations process can introduce undue delays and is working to reduce the number of consultations and make the consultations process more efficient. In response to the Information Commissioner’s special report to Parliament in September 2022, TBS issued specific guidance in the form of an Implementation Notice to government institutions on inter-institutional consultations, clarifying the responsibilities for processing consultations. TBS also held a working group on consultations to help explore ways to reduce the frequency of consultations and the time required to completed them. This will help inform future guidance and direction.

Improving the format and frequency of statistical reporting: The government is continually assessing the usability of the statistical report for Canadians.

Supporting Indigenous reconciliation and the definition of “Aboriginal government”: In conducting the ATI review, the Government consulted broadly with Indigenous peoples, experts and key stakeholders. The resulting report will inform further work to help us create a stronger, more robust, and more reliable ATI system for all Canadians and Indigenous Peoples.

Improving monitoring and compliance: Per the 2022 updates to the Policy on Access to Information with respect to requests for access to records under Part 1 heads of institutions are responsible for monitoring for compliance, investigating issues, taking remedial actions to address any issues; and advising TBS of significant issues. With respect to Part 2, following the evaluation of the program (published in 2022) and the conclusion of the ATI Review report to Parliament we are exploring how to improve monitoring and reporting on access to information and have identified the need for accountability mechanisms to strengthen the proactive publication system.

Conclusions from the Access to Information Review

Issue

The Information Commissioner noted her disappointment that the report only outlined conclusions and did not propose recommendations and an action plan. What are the next steps of TBS as it relates to the Access to Information Review Report.

Response

• The ATI Review final report is informing further work to help the GC create a stronger, more robust, and more reliable ATI system for all Canadians and Indigenous Peoples.
• Actions are already being taken to improve the ATI system, and a 3-Year Plan is being established to address the conclusions of the ATI Review final report.
• The 3-Year Plan will seek to advance actions responding to the feedback received from the Information Commissioner and will lead TBS into the next mandatory review of the Act.
• This plan covers themes outlined in the report, including effective information management, building the ATI community, and advancing reconciliation in the context of ATI services.
• As the Information Commissioner herself has pointed out, many of the most pressing challenges facing the regime do not require legislative change to address.
• We are committed to continuing to strengthen access to information by enhancing proactive disclosure, operational capacity, processing tools, and digital solutions to ensure a more efficient regime, building on the first legislative reforms to the Act in over 30 years.
• We welcome the views of Parliament on the way forward.

Background

In conducting this review, the Government consulted broadly with Canadians, Indigenous peoples, experts, and key stakeholders. Through this work, the Review identified key areas of focus to achieve 3 main strategic outcomes: Improving service to Canadians as it relates to access to information; Increasing trust and transparency in institutions; and Advancing reconciliation with Indigenous peoples.

While the Report does not put forward recommendations for specific initiatives to reform the ATI regime, the conclusions of the report speak to various opportunities for action. TBS is developing a three-year action plan that covers the themes outlined in the report, including:

• Effective information management;
• Building ATI community capacity;
• Improving proactive publication under the ATIA;
• Facilitating and supporting Indigenous control of information and data; and
• Supporting institutions in providing culturally appropriate ATI services.

Amongst other priorities, in the next year, work will take place to:

• Maintain engagement and outreach activities with Indigenous organizations;
• Continue onboarding institutions that fall under the Access to Information Act (ATIA) onto the ATIP Online portal;
• Contribute to the development and sustainability of the ATI and Privacy communities via recruitment, retention, learning, networking, and partnership activities with a spirit of diversity, inclusivity, and accessibility through community engagement;
• Review the approach to the annual statistical reporting required under the ATIA to continue to better identify systemic issues in a manner that considers the reporting challenges for institutions.

Government institutions often use multiple systems to store and manage information and data assets, many of which are outdated systems. This storage ecosystem presents challenges for searching and retrieving records and adds to the cost of managing information not only within ATIP teams but everywhere in government that information is created, kept, and used. TBS is exploring ways forward to support institutions improve their information management practices. TBS has developed a new Standard on Systems that Manage Information and Data which came into effect in May 2022. The standard takes a principles and outcomes-based approach to the management of information and data across the Government of Canada.

The final section of the President’s ATI Review report to Parliament notes the strong linkages between the report conclusions and themes noted in Canada’s 2022 Digital Ambition. There are four strategic themes that form the Digital Ambition: Excellence in technology and operations; Data-enabled digital services and programs; Action-ready digital strategy and policy; and Structural evolution in funding, talent and culture. Each of these themes is reflected in the report, and the ATI regime is an ideal testing ground ripe for advancement in these areas. This section also highlights how digital innovation can strengthen public trust and government transparency. For example, automation and artificial intelligence in the ATI regime can help address misinformation and disinformation.

Proactive Disclosure of Information

Issue

Parliamentarians have expressed interest in the idea of increasing proactive disclosure of documents as a means of easing the strain seen by ATI units due to the high volume of requests being received.

Response

• Proactive publication provides Canadians with a broad range of information in a predictable manner, without anyone needing to make a formal access to information request.
• In addition to proactive disclosure, federal institutions also release other information, referred to as Proactive Disclosures that are not legislatively mandated. Both proactively published and proactively disclosed information can be accessed on the Open Government Portal at open.canada.ca.
• Since June 2022, summaries of completed ATI requests are published every 30 days on the Open Government portal and remain publicly available, a change to the previous practice of removing summaries after a period of two years.
• We continue to explore approaches making access to information release packages broadly available in a way that all Canadians can benefit.

If pressed on Proactive Publication with respect to contracting:

• Our work to proactively publish government information to provide greater transparency and accountability includes disclosing departments' procurement activities as defined in the Open Contracting Data Standard and we continue to seek opportunities to align with the standard as we improve on disclosing our data.  
• We are also piloting the inclusion of other types of information for proactive release, such as: number of bids, sole source rationale, competitive contract criteria, and applicability of the Federal Contractors Program.

Background

Changes to the Access to Information Act in 2019 require institutions to proactively publish certain types of information that are of public interest, including briefing materials for Ministers, travel and hospitality expenses, and contracts. Additionally, Treasury Board policies require the proactive disclosure of additional information.

The issue of monitoring and oversight of proactive publication has been raised by the Information Commissioner in her appearance at ETHI on March 7, in an internal to TBS evaluation completed in 2022 and in the feedback from the public in the Access to Information Review Report to Parliament. Currently the Information Commissioner does not have oversight powers for proactive publication.

The Access to Information Act requires that all contracts over $10,000 are to be proactively disclosed within 30 days after the end of the first three quarters of a fiscal year and 60 days after the end of the fourth quarter.

Government-wide data between fiscal years 2018–19 and 2019–20 showed that number of access to information requests declined for all institutions other than Immigration, Refugees and Citizenship Canada.

Anecdotally, some institutions have reported to TBS that they have experienced no change in their requests while others have reported increases in access to information requests related to proactive publications.

The Access to Information Review launched in June 2020 included an exploration of opportunities to improve proactive publication while also examining alignment with broader government transparency and accountability initiatives.

While the Review was being undertaken, TBS’ Internal Audit and Evaluation Bureau (IAEB) undertook an evaluation of proactive publication under Part 2 of the Access to Information Act (ATIA) between January and December 2021, and Information from this evaluation was also used to support the Review examination of proactive publication

Both the Review and Evaluation found that Access to information and proactive publication are a core aspect of building a healthy information ecosystem in Canada.

While the legislative nature of the ATI requirements means the list of requirements cannot be updated without review in Parliament, delivery of the existing proactive publication program can be supported through changes to policy and updates to technology.

As follow up to the evaluation, main areas TBS would like to advance are: Promotion of the use of the Open Government Portal, including making the Open Government Portal the prescribed platform for all proactive publications; monitoring and reporting of proactive publication activities by institutions; and, engaging with users of proactive publications more broadly and consistently

Proactive Disclosure of Contracts

Issue

When the Government of Canada discloses contracts publicly.

Response

• The Government of Canada is committed to open government, transparency, and accountability.
• Our work to proactively publish government information to provide greater transparency and accountability includes disclosing departments' procurement activities as defined in the Open Contracting Data Standard and we continue to seek opportunities to align with the standard as we improve on disclosing our data.  
• Federal departments’ contracts over $10,000 are proactively disclosed on the open government portal so that Canadians are better able to hold the government and public sector officials accountable.
• This includes the name of the company, the value of the contract, and a brief description of the work.
• In addition, government opportunities are also posted publicly on CanadaBuys.canada.ca
• We are also piloting the inclusion of other types of information for proactive release, such as: number of bids, sole source rationale, competitive contract criteria, and applicability of the Federal Contractors Program.

Background

In June 2019, the amended Access to Information Act (ATIA) received royal assent bringing into effect proactive publication requirement that included the requirement that all contracts over $10,000 are to be proactively disclosed within 30 days after the end of the first three quarters of a fiscal year and 60 days after the end of the fourth quarter.

Before the update to the ATIA in June 2019, the Government of Canada had implemented proactive disclosure requirements under various policies for certain types of expenses or management actions including on March 23, 2004, the mandatory publication of contracts over $10,000 and, seven months later, the mandatory publication of grants and contributions over $25,000.

Since January 1, 2017, in support of the 2^nd National Plan on Open Government, departments are required to proactively publish information on contracts and amendments over $10,000 in a centralized, machine-readable database on the TBS open government portal. Prior to this, departments posted proactive disclosure reports on their respective websites.

As set out in the ATIA, contract disclosures are to include the following information: a) subject matter of the contract; b) names of the parties; c) contract period; d) value of the contract; e) reference number assigned to the contract, if any; and f) any other information that, in accordance with Treasury Board (TB) policies must be published.

Generally, all departments, agencies and other bodies are responsible for timely and accurate reporting of contacts on the government portal. The ATIA does not generally require Crown Corporations to proactively disclose (except for those corporations identified under Schedule II of the Financial Administration Act as noted in in section 81 of the ATIA which defines government entity as follows: (a) a department named in Schedule I to the Financial Administration Act (b) a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act, or (c) a corporation named in Schedule II to that Act.)

Disclosed information excludes that which would be withheld in a response to an access to information request, such as personal information, or Cabinet confidences.

In addition to the requirements in the ATIA, Departments need to disclose 31 other mandatory fields including a description of the work, whether a procurement is covered by a trade agreement or by a comprehensive land claim agreement; the solicitation procedure (including whether it was competitive or non competitive) and whether it is a Minister’s office contract.

The Guidelines on the Proactive Disclosure of Contracts supports departments in meeting their reporting requirements by providing guidance to managers and functional specialists on the identification, collection, reporting and publication of contract information.

Review of Access to Information

Having come into effect in 2019 the legislated proactive publication program is still relatively new (less than four years old). In 2022, TBS concluded an internal evaluation of proactive publication under Part 2 of the ATIA, which provided recommendations for how TBS could better support institutions in implementing proactive publication.

The evaluation supported the first legislative review of the ATIA, which was launched in June 2020 and concluded in December 2022. One of the strategic outcomes that was a focus of the Review report was increasing trust and transparency in institutions. For example, the Government of Canada is committed to examining ways to improve proactively published information under Part 2 of the ATIA, and to increasing monitoring for compliance by institutions.

The amendments in C-58, which came into force in 2019, introduced a requirement for the President of the Treasury Board to undertake a review of the ATIA every five years and table a report to Parliament. As outlined under the ATIA (subsection 93(2)), the Report was referred to the Standing Committee on Access to Information, Privacy and Ethics (ETHI).

Funding, Costs and overall ATIP performance

Issue

The President is responsible for collecting statistics on the administration of the Access to Information Act annually. These statistics are used to assess the performance of the Government of Canada’s access to information program.

Response

• The Government of Canada is committed to ensuring that the access to information process provides transparency and accountability of Canadian democratic institutions.
• The Access to Information and Privacy Statistical Report for 2021-22 Fiscal Year summarizes key trends in the statistical information about the Government of Canada’s access to information and privacy programs across all federal institutions subject to the two Acts.
• Of the 40,889 Access to Information requests closed by institutions, other than Immigration, Refugees and Citizenship Canada in 2021-22 fiscal year, just under 71% percent were closed within the legislated timeline, including extensions.
• Of the 66,696 personal information requests closed by institutions, other than Immigration, Refugees and Citizenship Canada, in 2021-22 fiscal year, 71% were closed within the legislated timelines, including extensions.
• These percentages are slightly improved compared to a decline over the last decade.

Background

Number of Requests:

Volume of requests has increased more than fivefold in the last decade. In 2021-22, government institutions received nearly 223,000 requests, with IRCC receiving 80% of all requests received.

• When IRCC is excluded, the volume of requests declined from 2017-18 to 2020-21 before increasing in 2021-22.
• There can be anomalies in demand. A decade ago, excluding IRCC, institutions processed just under 10 million pages relevant to requests. In 2020-21, the volume was nearly 9 million. But in the intervening period, we have seen two spikes to almost 25 million pages processed. It can be challenging to resource for these.
  • In 2017-18, one request to Canada Boarder Services Agency involved the production of a dataset with the equivalent of approximately 14.8 million pages.
  • In 2019-20, TBS received three requests on audits conducted within the office of the Comptroller General of Canada involving over 15 million pages.
• Just over 10% of institutions that fall under the Act account for 98.4% of requests received.
• IRCC by itself accounted for 80% of all ATI requests in 2021-22 and has seen an increase of 211.4% in last five years in number of pages processed.
• Of the 265 organizations under the ATI, approximately 150 receive requests in a given year.
• Institutions receive more than 10K informal requests annually.

Performance:

• In June 2022, TBS launched the Access to Information and Privacy Communities Development Office (APCDO) to provide institutions with centralized training and coordinated recruitment. The APCDO was funded by institutions through various memoranda of understanding. The financial commitment for 2022–23 was $680,000.
• In 2021-22, 56% of institutions met the standard of 90% of requests closed within legislated timelines. A decade ago it was just over 60%.
• The number of requests institutions are able to close has also increased but has not kept pace with the increase in volume of requests. Over the last decade, the gap between requests received and requests closed widened steadily.
• Request carried over into 2022–23 totaled nearly 78,000, up from 43,719 for the previous period. When IRCC is excluded, institutions started 2021-22 with more than half the number of requests that they would eventually receive. – with 24,140 requests on hand compared to 45,334 requests that would be received.

Costs of the administration of the ATIA:

• The direct costs to administer Part 1 of the Access to Information Act in 2021-22 was 94 million dollars.  
• Currently, about 80% of costs to administer ATI shops is for employees, 15% for consultants, with the balance for IT and other costs.
• A study conducted in 2022-23 as part of the ATI review, found that the direct cost of processing one page of an ATI request is just over $5. The same study estimated that when indirect costs (for example, the cost of subject matter experts collecting, reviewing and making recommendations on records) is factored in, the current regime costs $195 million to operate.
• The study also showed that the total cost for the administration of Part 2 of the Act on proactive publication was estimated at approximately $64,000 for each office responsible for an aspect of proactive publication process within an institution. Similar to administering Part 1 of the Act, wage expenses made up nearly all of the total cost (99%).
• At this time, it is important to note that legal costs incurred in the context of the administration of the Act, as well as costs related to communications services, were not captured in the study.

Government investments in the Access to Information System:

In addition to the approximately 90 million dollars each year that is required for the administration of the Access to Information Act, the Government has made significant additional investments in the ATI system.

An additional 67 million dollars is allocated each year to operationalize the Privacy Act.

Budget 2016 included approximately $15M in temporary and permanent funding for the OIC.

Budget 2021 invested $14.2M to support ATI activities – including 9.97 M over 3 years to support further improvements to ATIP online and to accelerate the proactive release of information as well as 4.25 M over 2 years completion of the ATI review.

We are also aware that there has been specific investment for IRCC as a key department in terms of ATI volumes.

These additional funds helped, amongst other objectives:

• Enhancing the capacity of the Office of the Information Commissioner to implement changes resulting from Bill C-58;
• Increasing the capacity of institutions to administer the Access to Information Act;
• Finding innovative ways to improve the access to information processes and technologies; and
• Supporting the completion of the Access to Information Act review

How much has been invested in the Access to Information Act Review and how was the funding used?

• The Budget 2021 funding for the review (4.25 M) contributed the creation of an ATI Review team of approximately 6 to 8 individuals and allowed, amongst other activities, the publication of a website specifically dedicated to support both public and Indigenous engagement activities for the ATI Review, as well as funding to support the participation of Indigenous peoples in the ATI Review process.
  • Approximately $3.45 million for FTE salaries and corporate costs over two years
  • Approximately $0.8 million is for goods and services costs, including $100,000 spent to support submissions from Indigenous organizations.