ETHI Committee Report

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CHAPTER 8: MANDATORY PERIODIC REVIEW OF THE ACT

In her report, the Commissioner notes that, since its enactment 30 years ago, the Act “has not been comprehensively updated”[231] and “has fallen behind modern standards.” The Commissioner told the Committee that the Act must include a mandatory periodic review.[232] The Commissioner made the following recommendation in her report:

Recommendation 8.1

The Information Commissioner recommends a mandatory parliamentary review of the Act every five years, with a report tabled in Parliament.[233]

In his appearance, Minister Brison said that a five-year mandatory review would be implemented.[234]

Some witnesses, including Mr. Murray, Mr. Weiler and Mr. Gogolek, supported the Commissioner’s recommendation.[235]

The Committee also believes that a five-year review of the Act is needed to make sure it is up to date, that it responds to technological needs and that Canadians can easily access information from the Government of Canada. The Committee recommends:

RECOMMENDATION 31

That a mandatory parliamentary review of the Act be done every five years and that an obligation to table a report in Parliament be included in the Access to Information Act in the first phase of the reform of the Act.

[231] Ibid., p.94.

[232] House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 19 May 2016, 0900 (Suzanne Legault, Information Commissioner of Canada).

[233] Office of the Information Commissioner of Canada, Striking the Right Balance for Transparency – Recommendations to modernize the Access to Information Act, Special Report, March 2015, p.92.

[234] House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 5 May 2016, 0850 (Hon. Scott Brison, President of the Treasury Board).

[235] House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 12 May 2016, 0850 (Vincent Gogolek, Executive Director, B.C. Freedom of Information and Privacy Association); House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 19 April 2016, 0915 (Sean Murray, Director of Special Projects, Office of the Information and Privacy Commissioner of Newfoundland and Labrador); House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 21 April 2016, 0945 (Mark Weiler, Web and User Experience Librarian, as an individual).