Lydia Huey (Author Provided)
An ‘F’ for the Canadian Government’s ATI System
This fall 2017, Canada’s Liberal federal government’s access-to-information (ATI) system was audited by News Media Canada. This national association, which represents Canada’s news media industry, gave the federal government’s ATI system an ‘F’.
Links Related to This Blog
“Canada’s access-to-information system has worsened under [Justin] Trudeau[’s] government: report”
“Trudeau needs to deliver on his access-to-information promises”
“Information watchdog ‘disappointed’ with Liberal access-to-info bill”
The Justice Laws Website of the Canadian government (Canada’s Access to Information Act)
Access to information in the federal government (Webpage that explains how users can request access to the Canadian government’s records)
ARMA International’s Generally Accepted Record-Keeping Principles
International Organization for Standardization (ISO) 15489
The Audit
News Media Canada sent more than 400 requests to all levels of Canadian government. At the federal level, led by Justin Trudeau, only 25% of the requests were answered within 30 days. 33% of the requests did not receive a response in almost four months, or almost the entire audit period.
Canada’s Access to Information Act requires the response time of ATI requests to be within 30 days. Otherwise, an agency must provide a valid reason for extending the length of time.
The audit showed that the government’s performance was worse than during some years of Stephen Harper’s government!
What’s in an ‘F’?
This failing grade demonstrates that the Trudeau government lacks responsibility to Canadians. ATI requests were not responded to promptly due to inadequate administration. Some responses did not even occur before almost three times the time required to by law!
The time lag would not allow the public to keep the government accountable. People would not have access to the information that would give evidence of the government’s honesty in their operations. The public would not have the evidence to back up claims of improper Canadian governance.
Trying to Shine
Trudeau’s government is currently putting forward Bill C-58 to improve the Access to Information Act. The Liberal Party’s Bill was put forward by Treasury Board President Scott Brison, who says that it is still a work in progress. The bill has both strengths and weaknesses.
A strength of the Bill is that it allows for more governmental public accountability and transparency. The Bill accomplishes this claim by stating that the Freedom of Information Act shall be reviewed every five years.
Another strength is granting the information commissioner authority to order the release of the Canadian government’s records. This grants someone else the power to keep the government accountable.
A weakness of the Bill claimed by the opposing Canadian Parties Members of Parliaments’ is that it does not address loopholes that allow federal agencies to refuse certain ATI requests.
The Bill does not include certain departments of the government, including the offices of ministers and the Prime Minister’s Office. Government officials can refuse ATI requests if they are “frivolous or vexatious”. They can also refuse an information request if they are meant to be a secret: a “cabinet confidence”.
Yet some information is kept secret for good reason, such as for national security. It is doubtful, however, that all the information they may call “cabinet confidence” would cause a breach of national security.
To Get an ‘A’
The Canadian federal government’s ATI system needs to be improved. To improve it, they can adjust their current records management (RM) system, make changes to the Bill, and allot more resources to RM.
Improving the government’s current RM system will improve the ATI system. It will make the government’s system more efficient by disposing of unnecessary records. Improved organization will also make the RM system easier to navigate by increasing the speed of retrieval of records.
The government can also increase transparency by making changes to the Liberal Bill. They should allot more resources and funding for records management and archives. Additional resources would allow an increase in the amount of staff workers working with records, which would increase the speed and extent at which record controls (such as retention schedules) could be implemented to improve the RM system.
Fix-It Trudeau! The Record Management System
- Benchmarking
The Canadian government can elevate the efficiency and the administration of its RM system by comparing it to ARMA International’s Generally Accepted Record-Keeping Principles. The government can then determine what score their RM system would achieve according to ARMA International’s Maturity Model.
The government can improve its RM system by comparing it to International Organization for Standardization (ISO) 15489. They can determine to what extent it fulfills the criteria of ISO 15489’s characteristics of authoritative records. The government can determine the same for its characteristics of records systems.
- Implementation of Improvement
After comparing Canada’s federal government’s ATI system to those three aspects, concrete steps can be taken to implement improvements. To improve both “scores” against the two documents, the following steps can be taken:
- Assess the risks of the current RM system and benefits for increasing each principle’s / characteristic’s score in relation to expected improvement of the ATI system.
- Prioritize steps and assign staff members to work on improving the records system.
- After implementing the improvements, continuously monitor and assess the system’s efficiency.
- Determine necessary modifications and implement procedures to improve the RM system further.
To Make the Bill Sparkle
The Liberal Bill can be improved through increased collaboration with the information commissioner and “watch dog”, Suzanne Legault. Legault wrote a report in March 2015, containing 85 recommendations to reform the ATI Act.
Legault was disappointed with Bill C-58. However, it can be improved by adopting five important aspects of Legault’s recommendations on the Bill including:
- Expand the Law to include institutions and ministers’ offices that support the courts and Parliament.
- Require the government to document all their decisions (the “duty to document”).
- Limit time extensions to 60 extra days to respond, unless approved by the information commissioner.
- Make this law include current cabinet records.
- Decrease the ways agencies can use restrictions to refuse to give information.
Can I Have Some More $ + Resources, Please?
The ATI system and the RM system can be improved by the government allotting it more money and resources. How can this goal be achieved? By having archivists, other related professionals, and the public advocate for it.
Archivists and other professionals can convey the importance of strong recordkeeping for the increased efficiency of the RM system and smooth governmental operations. If the RM system becomes more efficient, it will be easier and faster for ATI requests to be filled because the government’s records will be more organized and have fewer record duplicates.
Grade Metamorphosis?
Trudeau’s federal government failed News Media Canada’s audit of its ATI system. The government of Canada must improve its own records management system. It must ensure the new Liberal Bill fully supports accountability and transparency of the government.
If access-to-information requests are answered sufficiently, Canada’s federal government will become more transparent and they will improve their grade on future audits of the ATI system. Their grade will go from an ‘F’ to an ‘A’, perhaps even to the elusive ‘A+’!
Lydia Huey (Author Provided)