Assistant Deputy Ministers Advisory Committee - Highlights of Meetings

January 26, 2001

Introduction:

• As a follow-up to the issues raised at the December 8 Committee meeting, it was agreed that additional work needed to be done to complete a more thorough analysis on access costs throughout the government. Consulting and Audit Canada will be invited to discuss the findings and methodology of the study commissioned by TBS.

• The Committee agreed with the Task Force problématique document revised following the discussion of December 8, 2000. This document will provide the basic framework for the work of the Task Force while evolving to incorporate new perspectives and learning.

• Three different presentations were made to the Committee.
  1. The first was on the relationship of the Access to Information Act to other federal statutes dealing with disclosure of information. The complex linkages and priorities in the Access to Information Act and other statutes were highlighted. In particular, the fifty-odd special statutory exemptions in Schedule II of the Act and their relevance today, were discussed. The Task Force will continue studying this issue.
  2. For the information of Committee members the second presentation outlined the access to information process and the decision points along the process (copy attached). The Committee is of the view that the public service in general is not fully aware of the rules governing access to information.
  3. The third presentation reported on the current results of meetings with other various jurisdictions: provinces, USA, and Australia, and provided a comparison of the legislative framework and issues. A majority of the jurisdictions are currently reviewing their Access to Information legislation or have just completed the process. Each jurisdiction is making a comparison with one another, as the legislative frameworks are largely similar. The frameworks are generally acknowledged to be working but in need of improvements. In addition, all jurisdictions acknowledged that significant progress has been made in the public service on openness due to access to information legislation and that much more needs to occur. The issues are mostly the same across jurisdictions: records management; balancing the right to information and effective governing; timelines and delays; and, resources to support the access to information process. This comparative work will be pursued with meetings with the United Kingdom and Ireland. The Committee was highly interested in the comparison with systems in place in other jurisdictions. They urged the Task Force to look at standards of disclosure of information obtained from another jurisdictions and to compare results obtained in each jurisdiction.
     

Discussion:

• The Committee discussed the recommendations and positions expressed by the ATI Coordinators in the consultation with them on October 19, 2000. The Committee was generally supportive of their recommendations, and acknowledged the importance and value of their contribution within individual departments. They liked the approach suggested by one jurisdiction to attract officials nearing retirement with good understanding of departmental business, personal credibility and networks in the department to work as ATI coordinator. The Task Force is continuing to work with the Coordinators on a number of issues, including a thorough examination of their advice and recommendations. The Task Force has met on a couple of occasions with the 'report card' departments to discuss in particular their departmental response and best practices to turn the situation around.
• The Committee had a very preliminary discussion on access to information about leadership attitudes, and how that actively demonstrates movement towards a more openness and transparency government. This discussion will be pursued at further meetings.
• The Committee discussed internal and external consultations, and recognized the importance of commencing external consultation as soon as possible. During the discussion of representation of external interests, advice was offered that it might be worthwhile to have both large and small business perspectives canvassed. A brief description of the Task Force web site and consultation strategy was outlined, including the process for receiving public submissions through the web site.
• The Committee reviewed an outline of the workplan to conduct data gathering and research related activities to support the work of the Task Force. The Committee advised the Task Force to be careful in committing to over ambitious formal research and data gathering activities due to the availability of academic resources and the tight time frames. It suggested the Task Force focus its research efforts on issues directly related to its future recommendations.
• It was suggested that the Task Force consider collecting additional information relating to:
  • the feasibility of capturing data such as size and complexity of requests;
  • the feasibility of embedding access requirements into the classification schema for departmental information through the use of technology;
  • the difference between managing information to support the business needs of an organization versus managing information to respond to citizens needs for information;
  • the change in expectations of Canadians over the last 17 years with respect to access to information and open and transparent government; and,
  • a cost-benefit analysis of proactive disclosure of information versus the incremental cost of ATI that would take into account citizen satisfaction and improved service to the public.
• As to the conduct of its work, the Task Force is cautioned against focussing too much on "quick fixes" to the detriment of overall cohesiveness and forward looking recommendations. The Task Force is encouraged to look at solutions for the future not only to fix problems of the past. However, the Task Force is also encouraged to look for practical solutions, and if some are immediately implementable to recommend to government action in the short term.

Next Steps/Follow-Up:

• The next Committee meeting is scheduled for February 23, 2001. It was agreed the Task Force would:
  • provide the chronology relevant to the Access to Information Act;
  • invite Consulting and Audit Canada to discuss their study on costs of access to information; and,
  • invite the Information Commissioner to make a presentation to the ADM Advisory Committee on what he sees as priorities.
    
    

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