Key messages

Information Commissioner’s mandate

My mandate is very specific: I investigate complaints about the handling of access to information requests by government institutions.
I also advise Parliament on access to information matters, including through special reports.
To maximize compliance with the Access to Information Act, I have a variety of tools and powers, including making orders.
Since the changes to the Act in 2019, I have made over 500 orders.
We publish information on all orders issued on our web site.

Investigations have always been my primary focus.
My office and I are always looking at improvements and efficiencies.
In fiscal year 2023-2024, we have reduced our inventory by nearly 25%.
We began fiscal year 2024-2025 with 2,654 complaints. Of that total, 28 complaints are older than 2019-2020, representing less than 1% of my inventory.

My office has received 14 complaints files related to the production of documents to Parliament regarding the Winnipeg Microbiology Lab.
Some of these matters are closed and some remain open.
My investigations are confidential. I cannot comment on active investigations.

The average processing time for complaints about access to information requests depends on the type of complaint and the complexity of the records associated with the request.
Administrative complaints are normally resolved more quickly, in less than three months.
For refusal complaints, the volume of documents to be processed, the classification of the documents, and the exceptions applied play a role in the investigation time.
In general, refusal complaints are processed within six to twelve months. However, some files require a lengthier investigation.

My office assigns files based on many factors, including:
- Level of complexity;
- Type of complaint;
- Input from complainants;
- How time sensitive the requested information is.

On May 7, I tabled a special report to Parliament, marking the second systemic investigation into ongoing challenges concerning access to immigration-related information.
Requesters are continuing to use access to information requests to get information on their immigration files, for lack of a better alternative.
This investigation was launched last year in response to an increase in complaints against the Canada Border Services Agency (CBSA).
Not only are such requests for information on immigration files made to Immigration, Refugees and Citizenship Canada (IRCC), but also to CBSA, which is resulting in more complaints against that institution.
This is not an efficient way for requesters to get what they need. The entire system is under pressure and these resources could be useful elsewhere.
This investigation allowed us to determine that IRCC’s lack of progress in implementing a client portal service tool was the root cause of the problem.
Clearly, CBSA faces a number of challenges today, and needs all the help it can get, which is why the government needs to prioritize the technological solution.
I continue to advocate for a technological solution to get these requests out of the system.
The overwhelming demands placed on immigration services highlight the need for more effective and streamlined processes. By investing in better solutions, institutions can allocate resources more efficiently, ensuring that taxpayer money is directed towards more impactful initiatives.

Independence is crucial to my role as an Agent of Parliament. The manner in which my office is funded should reflect this independence.
There are nine Agents of Parliament, six of whom have no funding mechanism independent of the government (Auditor General; Commissioner of Official Languages; Information Commissioner; Privacy Commissioner; Commissioner of Lobbying; Public Sector Integrity Commissioner).
The guiding principles for a new funding model are simple: Independent of government; Accountable to Canadians; Funding needs support the mandate.

Currently, we have 99 full-time equivalents (FTE) out of 129 working on investigations. This includes registry staff, responsible for intake of complaints, and legal counsel who provide direct support to investigations, among others.
Corporate resources are needed to pay employees and suppliers, hire team members, provide a secure IT infrastructure, support our investigations and, by definition, our mandate.
In order to keep the costs of internal services as low as possible, the OIC has taken a number of steps, including collaborating with other organizations that provide services at a lower cost. For example, Health Canada (Employee Assistance Program, Informal Conflict Resolution) and the Human Rights Commission (Procurement).