Question Period Note: ACCESS TO INFORMATION ACT REVIEW

A full review of the Access to Information Act is taking place for the first time since it came into force in 1983.

• The Government believes in openness, transparency, and accountability.

• This review is part of our efforts to ensure the access to information regime is working for Canadians, and we encourage all Canadians to participate.

• We particularly want to engage Indigenous organizations to make sure that the Access to Information Act is responsive to Indigenous peoples’ needs.

• Access to information should reflect today’s digital world and Canadians’ expectations for accessible, timely, and trustworthy information.

• The COVID-19 pandemic has only highlighted the importance of open, accessible, and trustworthy information from governments.

Canada’s current access to information regime dates back to 1983, when the Access to Information Act first came into effect. The Act represents a key cornerstone of the Canadian democratic system, but its administration across 265 federal institutions faces increasing pressures. In the last five years alone, the number of requests has more than doubled from approximately 60,000 requests in 2013-14 to more than 120,000 in 2018-19.

In 2015, the Government made the reform of the access to information regime a key mandate commitment for the President of the Treasury Board. In 2016, the Government announced that it would review the Access to Information Act in two phases, with Phase I comprising a targeted set of amendments to deliver on specific commitments, and Phase II representing a full review of the Act.

Phase I, or Bill C-58, was introduced in Parliament in June 2017 and received Royal Assent two years later on June 21, 2019. One of the amendments made to the Act through Bill C-58 was a requirement for the President of the Treasury Board to undertake a review of the Act within one year of Royal Assent, and every five years thereafter. This requirement represents Phase II of the Government’s commitment to reform Canada’s access to information regime.

On April 2 and April 28, 2020, the Information Commissioner wrote to the President of the Treasury Board to address deficiencies in the access to information regime. Her first letter drew attention to information management practices as public servants transitioned to working remotely. Her second letter highlighted the increasing burden on the regime, calling for expanded proactive publication requirements and better digital tools to reduce delays. The President of the Treasury Board responded to her in early May to highlight the Government’s commitment to openness and transparency. The response also indicated that the upcoming review of access to information would be an opportunity to explore these issues further. On May 27, 2020, the President wrote to his Cabinet colleagues to remind them of the importance of openness and transparency during the public health crisis.
On June 18, 2020, the Government launched the access to information review in fulfilment of the legislative requirement. This review focuses on three broad areas: reviewing the legislative framework; opportunities to improve proactive publication to make information openly available; and assessing processes and systems to improve service and reduce delays. The review will seek the views of Canadians through online consultations, in a safe, accessible, open, and inclusive manner. The review will also seek the views of National Indigenous Organizations, and other Indigenous representatives that are interested in access to information issues.
The President of the Treasury Board has invited the Information Commissioner and Privacy Commissioner to provide him with recommendations to improve access to information, given their important roles and expertise.

• The Access to Information Act came into force in 1983 and has not been fully updated since.

• In 2016, the Government committed to reform the Access to Information Act in two phases, with Phase I consisting of targeted amendments to deliver on specific commitments, and Phase II constituting a full review of the Act.

• Phase I was accomplished in June 2019, with targeted changes made by Bill C-58, including a requirement for the President of the Treasury Board to undertake a review of the Act every five years, with the first review beginning by June 21, 2020.