(Ottawa) The federal government’s main legislative tool in terms of transparency and access to information has gradually eroded over the past 40 years, to the point of no longer achieving its goal, concludes the Information Commissioner of Canada.
In her annual report to Parliament, tabled on Tuesday, Caroline Maynard points out that on the eve of the 40e anniversary of the Access to Information Act“chronic problems continue to plague Canada’s access system with no solution in sight”.
For a $5 fee, Canadians can use the Access to Information Act to request federal documents, briefings and reports – even emails and invoices.
But requesters have long complained that the access system is cumbersome, extremely slow and filled with loopholes that allow government agencies to withhold certain information.
Mme Maynard, who acts as an ombudsman for users of this law, points out that despite repeated calls for meaningful changes, a federal review concluded with a report last December that did not outline any firm commitments and did not propose no legislative changes.
Commissioner Maynard, who took office five years ago, said money to strengthen the system had evaporated and transparency commitments had disappeared from ministerial mandate letters. In short, it is clear to her that strengthening transparency is not a priority for the government.
“I will therefore continue to call on the government to take action to remedy this dismal situation and to give access to information the attention it so badly needs,” she said in the preamble to her Annual Report.
Once an avant-garde measure
When it came into force almost 40 years ago, the Access to Information Act was recognized as progressive and forward-thinking legislation, recalls Ms.me Maynard, since it enshrined the concept of “right of access” in Canadian law.
“However, successive governments have not been able to make changes aimed at modernizing it,” laments the Commissioner, recalling that it took until 2019 to introduce significant reforms to the law.
“Although at the time I considered these to be a step in the right direction, it was above all a first step. I even said that other legislative changes would be necessary.
“Four years later, it is quite obvious that no other legislative modification is on the horizon,” laments Ms.me Maynard.
The President of the Treasury Board, Mona Fortier, minister responsible for this access regime, declared last April that she hoped to propose a plan in the coming months to improve the law and the way it is managed. She then indicated that her priority was to improve the administration of the existing law.
Mme Maynard writes in her report that she will continue to press the Liberals to take action to “fix this dismal situation and give access to information the attention it so badly needs.” “.
The Commissioner also indicates that her office succeeded in keeping pace with the complaints received over the past fiscal year, closing more than 8,000 files.
Despite this, the inventory of complaints remained at approximately 3,500 files. Many of these remaining files are “very complex and require the attention of a small number of experienced investigators, capable of tackling thousands of pages and analyzing the many exceptions invoked”, underlines Mr.me Maynard.
“In short, in order to eliminate the inventory by the end of my mandate [en mars 2025], the Office will need additional temporary funding, she writes. It has been difficult to obtain such funding in the past, and again this year when my application was refused. »
Mme Maynard promises to continue advocating for an alternative to the current funding model for her office, which involves submitting funding requests through a minister “whose department is the subject of complaints that I’m investigating.”
“As an officer of Parliament, I report directly to Parliament, and the process for funding the Office of the Commissioner must reflect this independence,” she submits.