The House of Commons Access to Information, Privacy and Ethics Committee studied the use of instant messaging and information management in the public service, as well as the performance of the Privy Council Office (PCO) regarding access to information. The sole witness was Caroline Maynard, the Information Commissioner of Canada.
Commissioner Maynard stated that while the Treasury Board sets information management policies and Library and Archives Canada sets retention authorities, each institution manages its own records, and the Access to Information Act only applies once a record exists. She affirmed that records from digital tools like Microsoft Teams must be managed to uphold access rights, and that retention policies must be accompanied by training and clear directives. She noted that the number of orders she has issued to the PCO is increasing, unlike other institutions, with timeliness being the greatest challenge, particularly for records between 35 and 69 years old. She recommended legislating a maximum time limit for internal government consultations and expanding the act to cover ministers' offices, the Prime Minister's Office, and institutions receiving public funds, while opposing any scaling back of her order-making power, which she described as a key tool used in only about 8% of complaints.
In response to questions, Commissioner Maynard said that when an access request is made, there must be a mechanism to stop the deletion of responsive records, including transitory ones, and that institutions must be clear on how to manage messages. She noted that institutions are complying with her orders more often, with only one mandamus application in the last year. She stated that artificial intelligence tools could speed up request processing if proper information management is in place, and that the act already provides a mechanism to handle abusive requests, with only 15 of 80 such requests approved. She expressed concern about budget cuts to institutions' access to information services, noting that Library and Archives Canada faces a $15 million cut. She said that the PCO has not shown tangible improvement since her November 2025 meeting with the Clerk, and that the government spent $1.6 million on legal fees challenging her orders over four years. She supported a duty to document decisions, similar to British Columbia's approach, and called for a review of the 43-year-old act, noting that the President of the Treasury Board has not responded to her two letters requesting the start of the legislative review.
The committee adopted a motion to allow up to three associate members per party to receive notices and access the digital binder, with the provision expiring on September 25, 2026.
AI-generated summary — may contain errors; verify against the official evidence.