Recently disclosed records show that Treasury Board President Tony Clement dismissed Information Commissioner Suzanne Legault’s warning that the elimination and amalgamation of federal institutions threatened the integrity of the Access to Information system.
In a letter to Clement, dated April 8, 2013, Legault wrote “It has recently come to my attention that, in some instances where a federal institution has been eliminated or amalgamated, there is an absence of measures, legislative or otherwise, to ensure the orderly transition of records and the integrity of existing access requests and complaints.”
“The absence of clear transitional measures has, in at least one instance, negatively impacted on the rights of requesters under the Act, including my ability to effectively investigate complaints,” Legault wrote.
Natalie Hall, a communications manager from the Office of the Information Commissioner of Canada, wrote in an email response that Legault’s letter was prompted by the closure of the International Centre for Human Rights and Democratic Development.
The closure occurred while the Office was conducting an investigation. Hall wrote that the Office learned “no measures had been taken to ensure the orderly transition of the centre’s records.”
As Canada’s Information Commissioner, Legault is responsible for investigating complaints from people who believe federal institutions have violated their rights under the Access to Information Act. In her letter, Legault urged Clement to implement measures that protect information when institutions are eliminated or amalgamated.
The Office did not respond to requests for an explanation of the term “measures”.
Clement, who is responsible for ensuring the federal government’s record management system complies with the Act, responded to Legault’s letter.
In his response, which is not dated, Clement did not address Legault’s claim that the situation had negatively impacted requesters’ rights and her ability to investigate complaints.
Clement also did not address Legault’s demand for measures to preserve information from eliminated or amalgamated institutions.
Instead, Clement wrote “The Government of Canada continues to be committed to ensuring that Canadians can access information about their government’s activities and decisions in an open, comprehensive and timely manner including in times of transition such as those you raise in your letter.”
Clement cited existing legislation and policy designed to manage information when institutions are eliminated or amalgamated, including the Library and Archives Canada Act and Policy on Information Management.
Clement wrote that the Librarian and Archivist is responsible for the care and control of records when an institution is eliminated. He also wrote that when an institution is amalgamated, the new organization may dispose of records under the terms issued to the original institution by Library and Archives Canada.
The letter exchange between Legault and Clement was released under the Access to Information Act.
Kelly James, from Treasury Board’s media relations department, wrote in an email response that “Information of business and archival value from government institutions that are eliminated or amalgamated will continue to be available to Canadians.”
France Bouthillier, director of McGill University’s School of Information Studies, said Clement ignored the real issue.
Bouthillier said Legault’s concerns stem from poor application of existing laws and policies, not the lack of them.
“The government has this attitude that nothing is terrible, there’s no problems, it’s business as usual, when in fact applying the legislation and policies and measures is a big challenge.”
She said staffing cuts make it difficult to apply policies designed to protect information.
“It’s not clear whether the people who are supposed to make sure that the regulations are applied are still in place,” Bouthillier said.
Bouthillier said proper application of the Access to Information system becomes especially important when institutions are eliminated or amalgamated.
“As citizens we are absolutely entitled to be able to go back and see why these things are done.”
Description of Relevant Information
See page 15 of the document below for a list of government agencies that have been eliminated or amalgamated.