Office of the Information Commissioner’s response to the Complainant Consultation

1. Develop and Implement a client-facing Complaint Management System

To improve communication with complainants and to offer real-time access to investigation updates, the OIC should consider introducing an online client-facing investigation management system. The system can be used by complainants with password-protected online accounts, ability to track progress of investigations, monitor deadlines, and upload and download documents and communicate with investigators.

Given current funding and infrastructure, the OIC is unable to implement a client-facing Complaint Management System.

• The OIC will reassess once it has fully migrated to the cloud, planned for 2026-27.
• There are plans to integrate complaint management with the Treasury Board Secretariat's Access to Information and Personal Information Online Request Service which will also need to be evaluated.
• The OIC continues to improve its processes including ensuring regular contact with complainants. At any time, complainants may contact the investigator assigned to their complaint(s) for an update.
• Visit the OIC's Frequently Asked Questions for more information.

2. Improve the OIC Website

To improve the user experience for individuals using the OIC's website, the OIC should consider making technical advancements to its website.

The OIC has already increased the timeout duration from 20 to 45 minutes. It has also increased the maximum character limit from 500 to 2000 words.

However, at this time and with current infrastructure, adding an auto-save feature is not feasible.

• The OIC will reassess once it has fully migrated to the cloud, planned for 2026-27.

Due to cyber-security concerns, the online complaint form is not currently available to individuals outside of Canada. However, at any time, an individual outside of Canada may use the PDF Complaint form to make a complaint to the OIC.

The OIC will conduct a security assessment and evaluate the cyber-security risks associated with making its on-line complaint form accessible to certain countries. A decision will be made by the end of 2024-25.

The OIC does not have the infrastructure or resources available to implement a "live chat" as part of its website. At any time, complainants may contact the investigator assigned to their complaint(s) for an update.

Visit the OIC's Frequently Asked Questions for more information.

3. Standardize and Optimize Investigation Processes

To improve standardization of complainant interactions with Registry staff and investigators the OIC should standardize and optimize its investigation processes.

Reducing the amount of time the OIC takes to assign a complaint, as well as reducing the time it takes to complete an investigation once assigned, are key priorities.

• Assigning and concluding complaint investigations in a timely manner ensures Canadians receive the information to which they are entitled.
• It also ensures that, if required, complainants have early access to the second level of independent review, the Federal Court.

A number Investigation Guidance documents have been recently published including:

• How the OIC processes and investigates complaints;
• When and how institutions are to respond to access requests;
• Exemption from disclosure: advice, accounts, positions and plans;
• What are the possible outcomes for my complaint?
• Frequently Asked Questions and
• Policy: accommodation when receiving services from the Office of the Information Commissioner;
• Access to Information Act relevant provisions.
• Tools and training: persons with disabilities and accessibility;
• Tip sheet: inclusive writing

Stay informed by following the OIC's updates on social media, X and LinkedIn.

In the fall of 2023 and the winter of 2024, the OIC provided mandatory Client Service and Dealing with Difficult Situation training to all investigators.

The OIC organizes a regular Equity, Diversity and Inclusion (EDI) Speakers Series for all staff. Speakers address various topics including working with people with disabilities, anti-racism, and advancing inclusion for neurodivergent perspectives.

Weekly messages to staff include information to guide and assist in writing in a consistent and respectful manner to and with Indigenous Peoples, as well as various other EDI initiatives within the OIC and the Public Service.

4. Simplify the Interpretation of the Act

To ensure complainants understand the requirements of the Act, the OIC should provide simplified interpretation of the Act.

Work is ongoing to increase the number of Information Commissioner's Guidance documents on interpreting the Act published on the OIC's website.

During 2023-24, the OIC published all of the Commissioner's orders on administrative complaints (275) and all final reports (35) where an order was made on a refusal complaint to its Decisions Database. The OIC also published 10 final reports where no order was made because the Commissioner deemed them to be of value in providing guidance to both institutions and complainants.

Final reports are also published by CanLII.

5. Publish Investigation Outcomes

To improve the timeliness of publication of information the OIC should make available real-time/up-to-date statistics on closed investigations on its Website.

Data related to the number of complaints received and closed each year is published in the OIC's Annual Reports.

The OIC aims to also have this data available on its website, updated regularly, by the end of 2024-25.

6. Change Management

To improve communication and implementation of process or policy changes, the OIC should implement change management principles.

7. Advocate for Improvements to the Act

To improve the Access to Information Act, the Commissioner should advocate for amendments.

The OIC provides arms-length oversight of federal government access to information practices by investigating complaints made under the Act and working with institutions to ensure they meet their legislated obligations.

While the negotiation of the resolution of complaints is by far the most efficient way to conclude a complaint investigation, the Commissioner uses the full extent of her powers, including issuing orders, when complaints are well founded. During 2023-2024, the Commissioner issued 310 orders, including 275 stemming from investigations into complaints involving delay and extension of time allegations and 35 following investigations into, for example, whether institutions correctly applied exemptions or conducted a reasonable search for records.

Final reports and orders are published in the OIC's Decisions Database.

Under section 31 of the Access to Information Act, complainants have 60 calendar days to submit a complaint. The Commissioner has no power under the Actto extend the 60-day time limit.

Section 31 uses the word "shall," which means "must"—that is, it is mandatory for complainants to submit their complaints on or before the 60-day time limit. When they do not, the Information Commissioner has no jurisdiction to investigate the complaint and advises complainants that it is inadmissible.

The OIC has no choice but to enforce the 60-day time limit to ensure the Commissioner has jurisdiction to investigate and that her orders are validly issued.

To extend the period for responding to access requests, institutions must notify requesters of the following no more than 30 days after receiving the request:

• they are extending under paragraph 9(1)(a), (b) and/or (c) the period for responding to the request;
• the duration of the extension (for extensions under paragraphs 9(1)(a) and (b)); and
• the requester has the right to complain to the Information Commissioner about the extension.

Institutions must also show that the requirements of the paragraph of subsection 9(1) they are relying on to extend the 30-day period are met.

The OIC investigates complaints alleging that the extension of time is invalid, includingthat the extension is unreasonable. The Commissioner will not hesitate to order an institution to respond to an access request if the time extension taken is not valid or the length of the extension is unreasonable.