| Canada: Integrity Scorecard Report > Sub-Category: Public Access to Information | ||
| Indicators | Score | |
| 12 | Do citizens have a legal right of access to information? | 100 |
| 13 | Is the right of access to information effective? | 55 |
Indicator and sub-Indicator Details
| 12 | Do citizens have a legal right of access to information? | |||||||
| 12a: In law, citizens have a right of access to government information and basic government records. | ||||||||
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Comments: The federal Access to Information Act (ATI Act) has the following key loopholes: - is does not cover all government/publicly funded institutions; - government/publicly funded institutions are not required to review and disclose documents regularly by placing them on the Internet; - government officials are not required to create a written document that records all decisions and actions; - there is no public interest override (based on a proof-of-harm test) of all access exemptions; - Cabinet documents are not subject to review by the Information Commissioner to ensure that the exemption that applies to such documents is not abused; - the federal Information Commissioner does not have the power to order the release of documents (as the commissioner's in the Canadian provinces of Ontario, Alberta and B.C. have), to order changes to government institutions' information systems, and to penalize violators of access laws, regulations, policies and rules; - most of the exemptions and exclusions in the ATI Act are mandatory, and they should be changed into discretionary exemptions, and; - government institutions (including all Crown corporations, Officers of Parliament, foundations, and organizations that spend taxpayers' money or perform public functions) are not required to file within six months of completion a copy of any report of public opinion research with the parliamentary Librarian and Archivist (NOTE: the Conservatives promised to "Ensure that all government public opinion research is automatically published within six months of the completion of the project" but the Federal Accountability Act (FAA -- passed December 2006) only requires some government institutions to file a copy of research conducted by an outside company, which means much research will remain secret). References: Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ] Office of the Information Commissioner of Canada -- [ LINK ]
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| 12b: In law, citizens have a right of appeal if access to a basic government record is denied. | ||||||||
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Comments: References: Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ] Office of the Information Commissioner of Canada -- [ LINK ]
Peer Review Comments: The appeal is, in fact, a complaint by the journalist to the commissioner. See the Act text below. COMPLAINTS Receipt and investigation of complaints 30. (1) Subject to this Act, the Information Commissioner shall receive and investigate complaints (a) from persons who have been refused access to a record requested under this Act or a part thereof; (b) from persons who have been required to pay an amount under section 11 that they consider unreasonable; (c) from persons who have requested access to records in respect of which time limits have been extended pursuant to section 9 where they consider the extension unreasonable; (d) from persons who have not been given access to a record or a part thereof in the official language requested by the person under subsection 12(2), or have not been given access in that language within a period of time that they consider appropriate; (d.1) from persons who have not been given access to a record or a part thereof in an alternative format pursuant to a request made under subsection 12(3), or have not been given such access within a period of time that they consider appropriate; (e) in respect of any publication or bulletin referred to in section 5; or (f) in respect of any other matter relating to requesting or obtaining access to records under this Act. Complaints submitted on behalf of complainants (2) Nothing in this Act precludes the Information Commissioner from receiving and investigating complaints of a nature described in subsection (1) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other section includes a reference to a person so authorized. Information Commissioner may initiate complaint (3) Where the Information Commissioner is satisfied that there are reasonable grounds to investigate a matter relating to requesting or obtaining access to records under this Act, the Commissioner may initiate a complaint in respect thereof.
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| 12c: In law, there is an established institutional mechanism through which citizens can request government records. | ||||||||
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Comments: The federal Access to Information Act (ATI Act) does not cover all government/publicly funded institutions. References: Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ] Office of the Information Commissioner of Canada -- [ LINK ]
Peer Review Comments: Same comment as for the last point.
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| 13 | Is the right of access to information effective? | |||||||
| 13a: In practice, citizens receive responses to access to information requests within a reasonable time period. | ||||||||
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Comments: The federal Access to Information Act (ATI Act) requires release of information within 30 days, but many government/publicly funded institutions do not maintain an internal information system that can fulfill access-to-information requests as required by the Act, and are not effectively required to do so (because the Information Commissioner lacks enforcement powers and resources, especially the power to order the release of documents when a requester complains about delays or abuse of access exemptions.) NOTE: the Information Commissioners in the Canadian provinces of Ontario, Alberta and B.C. have the power to order the release of documents. References: Office of the Information Commissioner of Canada Annual Report for Fiscal Year 2006-2007 (covers the period from April 1, 2006, to March 31, 2007) -- [ LINK ]
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| 13b: In practice, citizens can use the access to information mechanism at a reasonable cost. | ||||||||
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Comments: References: Office of the Information Commissioner of Canada Annual Report for Fiscal Year 2006-2007 (covers the period from April 1, 2006, to March 31, 2007) -- [ LINK ]
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| 13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period. | ||||||||
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Comments: The Information Commissioner lacks powers and resources to resolve complaints, especially the power to order the release of documents when a requester complains about delays or abuse of access exemptions). NOTE: the Information Commissioners in the Canadian provinces of Ontario, Alberta and B.C. have the power to order the release of documents. As a result, requesters' only option is to file an appeal in Federal Court, which usually delays access to a document for one to two years, but can delay access for several years depending on motions and appeals by the government institution. References: Office of the Information Commissioner of Canada Annual Report for Fiscal Year 2006-2007 (covers the period from April 1, 2006, to March 31, 2007) -- [ LINK ]
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| 13d: In practice, citizens can resolve appeals to information requests at a reasonable cost. | ||||||||
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Comments: The federal Information Commissioner's complaint process takes time, but there is no filing or other fees for the service. The Information Commissioner does not have the power to order the release of documents when a requester complains about delays or abuse of access exemptions. NOTE: the Information Commissioners in the Canadian provinces of Ontario, Alberta and B.C. have the power to order the release of documents. As a result, requesters' only option is to file an appeal in Federal Court, which usually delays access to a document for one to two years, but can delay access for several years depending on motions and appeals by the government institution. References: Office of the Information Commissioner of Canada Annual Report for Fiscal Year 2006-2007 (covers the period from April 1, 2006, to March 31, 2007) -- [ LINK ]
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| 13e: In practice, the government gives reasons for denying an information request. | ||||||||
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Comments: References: Office of the Information Commissioner of Canada Annual Report for Fiscal Year 2006-2007 (covers the period from April 1, 2006, to March 31, 2007) -- [ LINK ]
Peer Review Comments: The denying of information by the government is usually caused by delays in handling requests for access or by delays due to dealing with complaints.
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