ETHI Committee Report

Supplementary Report from Bill Siksay MP (Burnaby-Douglas) for the New Democratic Party

New Democrats support all 12 recommendations from the Information Commissioner of Canada and urge the government bring forward legislation that updates the Access to Information Act without further delay.

New Democrats concur with the Standing Committee position on the Commissioner’s recommendations 1, 3, 4, 5, 6, 7, 9, and 10.

We make the following recommendations with regards to recommendations 2, 8, 11 and 12:

Recommendation 2: That all persons have a right to request access to records pursuant to the Access to Information Act.

New Democrats support the Commissioner’s recommendation and urge the Minister to amend the act accordingly.  We believe that universal access to information in Canada would be in keeping with the development of access to information legislation in other countries and with the principles of open and transparent government.  Universal access could make the process more direct by reducing the need to contract with an intermediary to undertake an access request or file an access complaint.  We do not support the qualification put forward by the committee that this expansion of access should be tied to cost recovery measures, which we believe could interfere with access to information as a quasi-constitutional right.  Furthermore, we are concerned that a mechanism to charge non-Canadians, non-permanent residents, and profit-making businesses cost recovery fees would be overly bureaucratic, cumbersome, easily circumvented, and expensive to operate. 

Recommendation 8: That the Access to Information Act apply to Cabinet confidences.

New Democrats support this recommendation from the Commissioner.  The current situation where all Cabinet confidences are excluded from the Access to Information Act is not acceptable and does not support openness and transparency in government.  The Information Commissioner and the Federal Court should have the ability to review the designation of a document as a cabinet confidence and more careful definitions of cabinet confidences should be established.  Many jurisdictions have moved in this direction without impairing the Cabinet decision-making process.  New Democrats also believe that the Open Government Act proposed by former Information Commissioner Reid and tabled in the current Parliament as Bill C326 - An Act to amend the Access to Information Act (open government) by NDP MP Pat Martin also offers excellent guidance and specific proposals as to how access to information to cabinet confidences might be appropriately accomplished.

Recommendation 11: That the Access to Information Act allow requesters the option of direct recourse to the Federal Court for access refusals.

New Democrats support the Commissioner’s recommendation, as did the committee.  However, New Democrats acknowledge that seeking recourse to Federal Court is not possible for a significant number of Canadians and that it can be complex and expensive.  While we believe that this direct access to the Federal Court should be available, at the same time, we call on the government to ensure that the Information Commissioner has adequate and effective tools to appropriately undertake and complete time sensitive investigations.  The ability of the Information Commissioner to fulfill his mandate and undertake timely investigations must be a priority to ensure fairness and equality.

Recommendation 12: That the Access to Information Act allow time extensions for multiple and simultaneous requests from a single requester.

New Democrats support the Commissioner’s recommendation but believe that any such time extension should be subject to review by the Commissioner.

Other issues:

New Democrats emphasize that a commitment to increased proactive disclosure on the part of the government would be a significant and cost-effective step toward improving access to information and providing transparency and openness in government. 

Reform of the Access to Information Act should recognize access to information as a quasi-constitutional right. The government should consider former Information Commissioner Reid’s Open Government Act when developing its legislative proposals. Full order making powers for the Information Commissioner and the duty to document should be further considered by both the Commissioner and the government.  Urgent consideration should also be given to re-establishing the Coordination of Access to Information Requests System (CAIRS).