Chronology: Statements and Measures taken during the pandemic
March 20, 2020 - Statement from the Office of the Information Commissioner on the impact of the COVID-19 pandemic
- Statement published on OIC website
As many federal public servants are teleworking, institutions are reminded that they must continue to properly document their decisions as well as their decision-making processes in accordance with the Policy on Information Management’
April 2, 2020 – Access to Information in extraordinary times
- OpEd published in the Hill Times and on OIC website
‘Last week the Prime Minister told Canadians that transparency is crucial to being accountable to Parliament and in maintaining the public’s confidence.
When the time comes, and it will, for a full accounting of the measures taken and the vast financial resources committed by the government during this emergency, Canadians will expect a comprehensive picture of the data, deliberations and policy decisions that determined the Government’s overall response to COVID-19.’
‘’Now is the time for government institutions to ensure that appropriate decision-making documentation safeguards and practices are in place.’’
April 28, 2020 – Letter to then President of the Treasury Board Jean-Yves Duclos
- Sent to Minister Duclos and published on OIC website
‘I strongly recommend that the government’s approach include a greater focus on proactive disclosure of data and decisions related to the pandemic, as a way to mitigate some of the burden on institutions in responding to the inevitable surge of access requests. Enhanced, timely proactive disclosure of reliable and accurate information related to COVID-19 will undoubtedly also counter disinformation and myths – a challenge which is particularly relevant to address in the context of COVID-19.’
May 5, 2020 – Meeting with President Duclos
- Minister Duclos committed to maintaining strong information management systems to meet the government’s obligations to Canadians.
May 27, 2020 – Letter from President Duclos to his cabinet colleagues
- Published on TBS website
‘While our attention is rightly focused on responding to the pandemic and mitigating its impact on Canadians and our economy, we must keep in mind the importance of documenting government decisions in these unprecedented times in a way that ensures accountability and reflects our values of openness and transparency.’
‘The right of access and the need for transparency have not been suspended during the pandemic. On the contrary, in this current extraordinary context, transparency and the well-being of the access system are more important than ever.
- Major decisions with huge budgetary implications are being taken everyday.
- New measures and programs related to the economy, public health and safety are being implemented on an almost daily basis.
- Canadians require information about how issues, policies and programs are being managed and developed in order to hold the government accountable’
July 10, 2020 – Immediate action is required—beyond the upcoming review of the access to information system—to repair the federal access system
- Published on our website
‘Heads of federal institutions must provide clear direction on how public servants are to manage information while working remotely, sometimes outside of government networks. The circumstances also require institutions to step up their proactive disclosure of information Canadians seek.’
December 16, 2020 – Final report on Commissioner-initiated investigation against Canadian Heritage
- Published on our website
‘A pandemic—or, indeed, any emergency—does not suspend Canadians’ right of access or the need for transparency.’
February 17, 2021 – Update on the state of access to information during the COVID-19 pandemic: Appearance before the House of Commons Standing Committee on Government Operations and Estimates
‘Government transparency is the foundation of a strong democracy and has never been more important than during this crisis.
In the simplest terms, we must collectively strive to produce an access to information system where access requests are processed in a timely manner without interruption, decisions are properly documented, and information is well-managed.’
‘When you make an access-to-information request, text messages from business phones provided by the institution to its officials are definitely covered. The only problem is that it's much more difficult to save these documents. It depends on the institution's computer system.
We don't encourage the use of texting and chatting for work at all. However, if people do use them, we believe it's imperative that they take steps to retain work-related information of importance to government.
There is currently no legal obligation to do so. They are simply guidelines. Establishing this legal obligation is another one of my recommendations.’
May 14, 2021 – Information Commissioner’s appearance before ETHI Committee
‘It's really up to the department. There is a policy right now in the government that there is no legal obligation to document what goes on during meetings. I don't think there is anybody taping videos, but there should be notes or minutes taken. It's the same as when we were working at the office and had a group of people in a meeting. At the end of the meeting, it was very normal to have minutes of all the discussions and of the decisions that were taken.’
‘The government definitely needs to manage information well, especially since we now work from home. It needs to document decisions well and limit duplication. It also needs to cut down on email chains, as we often see with access to information requests. These emails may contain a bit of relevant information, but the rest is not useful. If the government were to improve information management, it would reduce the time needed to respond to access to information requests.’
‘I'm recommending that there be a duty to document any decision, whether by video, notes or minutes. The institutions and departments are making big decisions, bold decisions, and decisions that impact Canadians, so there should be a way to track those decisions, whether it's in writing or through different methods of recording.’
‘Institutional leaders must provide clear guidance and direction on the ongoing importance of information management in this new operating environment, which may include working remotely. Properly documenting institutional decisions and any resulting actions, and organizing and storing such documentation in a manner that enables timely access to such documentation are central to principles of open, transparent and responsible government.’