Information Commissioner’s appearance before the Standing Committee on Access to Information, Privacy and Ethics
May 16, 2024
Ottawa, ON
(Check against delivery)
I am pleased to appear before this committee for the second time this spring. While it has been only a few weeks since I last spoke to you, much has happened in the interim.
Before answering questions related to your committee’s study, I would like to take this opportunity to give you a quick update regarding my office’s operations.
On May 7th, I tabled a special report on my systemic investigation into access to immigration-related information. Three years after my investigation into the dramatic increase in access to information requests at Immigration Refugees and Citizenship Canada (IRCC), requesters continue to use the access system to get information on their immigration files, for lack of a better alternative.
This is now also impacting the Canada Border Services Agency, which has access to the same data and which is now experiencing its own increase in requests. This investigation allowed us to determine that the root cause of the problem was the lack of progress made by IRCC in implementing a portal to provide the information their clients are seeking. I hope you will take the opportunity to read this report, if you have not already done so.
As I mentioned when I last appeared before this committee a month ago, in addition to not receiving any additional temporary funding as requested, I am now facing a structural deficit. This deficit results from rigid formulas the Treasury Board Secretariat used to calculate funding for new collective agreement salary increases.
The situation has evolved over the past few weeks. We are now looking at a total funding shortfall of 700,000 dollars, which represents a reduction in my budget of approximately 5 per cent.
In concrete terms, this represents:
- a significant portion of my overall Information Technology budget, or,
- money to cover the cost of defending my orders in court, or
- funding for a full team of investigators.
Basically, this reduction in my budget will spell longer delays for complainants seeking information from government institutions.
This state of affairs would not arise if my office were subject to a different funding model that was more agile, more flexible, and more reflective of my independence as an Agent of Parliament.
Earlier this week, I sent a letter to the acting Treasury Board Secretary to seek immediate redress of this unacceptable predicament. It is my intention to keep this committee informed as things evolve.
My office has again made significant progress this year against our inventory of complaints, but more remains to be done. We need to continue to work through these complaints in order to avoid increasing our backlog. I also have multiple court cases to manage as a result of orders that I have issued against government institutions.
Now is not the time for bureaucratic penny pinching.
Let’s now turning to the topic of the day.
As you know, the Access to Information Act provides that anyone in Canada, including Members of Parliament, has the right to make an access to information request for records under the control of a government institution. If you are not satisfied with the response, you have the right to make a complaint to my office.
I can confirm that the topic covered by your study has indeed been the subject of access to information requests, and complaints to my office. I can also confirm that I have investigated such complaints. Some of those investigations are ongoing.
Regarding the parliamentary process by which Members of Parliament may also seek information from institutions, this is entirely separate and distinct from the process of making an access to information request.
The Law Clerk and Parliamentary Counsel of the House of Commons will be in a better position to speak to the specifics of that process during his appearance.
On that, I will now be happy to take your questions.
Thank you.