The House of Commons Standing Committee on Government Operations and Estimates met to study the comprehensive expenditure review and the state of the access to information system. The sole witness was Caroline Maynard, the Information Commissioner of Canada.
Commissioner Maynard described her mandate as an independent agent of Parliament overseeing the federal access to information regime, emphasizing that access to information is a quasi-constitutional right, not a service. She warned that budget cuts to access to information and privacy teams risk undermining this right, and she stated that the government's legislative review of the Access to Information Act, launched in June 2025, must not become a justification for further secrecy. She noted that her order-making power, introduced in 2019, has been used in less than 8% of complaints and is essential for enforcing compliance, and she is categorically opposed to any measure that would weaken it.
In response to questions, Commissioner Maynard confirmed that the volume of complaints has stabilized at around 5,000 per year, with 85% resolved informally. She stressed that proper information management is key to efficiency, as many requests are delayed because records are not properly organized, and she noted that artificial intelligence tools could help triage documents but are not yet widely used. She expressed concern about the government's policy to delete chat messages after 15 days, stating that while transitory documents can be deleted, institutions must have systems to stop automatic deletion when an access request is pending, and she noted the lack of a legislated "duty to document" at the federal level.
Commissioner Maynard confirmed that none of the 38 recommendations from the 2023 ethics committee study on the Access to Information Act have been implemented, and that the Treasury Board has not responded to her letters about the legislative review. She acknowledged that the Privy Council Office is among the worst offenders for delays, largely due to historical documents, and that she has referred five cases to the Attorney General for potential destruction of records, though she has not been informed of any resulting investigations. She stated that the ArriveCAN investigation is a priority but may not be released by March 31, 2026, due to its complexity, and she noted that the cost of defending her orders in court is about $500,000 per year for three additional lawyers.
Commissioner Maynard disagreed with the suggestion that fees should be increased for frequent requesters, arguing that journalists and parliamentarians are often the ones making multiple requests and that access should be free, with better information management by the government. She also noted that the act already allows institutions to seek permission to refuse vexatious requests, and that only about 60 such requests have been made in seven years. She emphasized that transparency is essential to rebuilding public trust, and that proactive disclosure should be the default rather than requiring access requests.
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