The Office of the Information Commissioner (OIC) received a complaint under paragraph 30(1)(f) of the Access to Information Act alleging that the Treasury Board of Canada Secretariat (TBS), in its role as administrator of the federal access to information system, failed to provide adequate support to government institutions during the COVID-19 pandemic. The complainant alleged that this, in turn, impeded, and continues to impede, the right of access to government information the Act affords.

The complainant also alleged that TBS’s failure to adequately support government institutions in managing their access to information and privacy (ATIP) offices and processing access requests during the pandemic was contrary to the principles of openness and transparency.

The investigation showed that TBS was engaged in reminding institutions of their obligations under the Act, made efforts to clarify institutions’ responsibilities under the Act and policy, and addressed matters of misinterpretation on the part of at least some institutions.

The Information Commissioner was, therefore, unable to conclude that the guidance provided by TBS during the period covered by the investigation was inappropriate. Given the scope of TBS’ limited authority to exert any direct control over institutions’ day-to-day access to information operations, the Commissioner concluded that the support provided to institutions, in the early months of the pandemic, was adequate.

The complaint is therefore not well founded.