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Consultation – Access to Information Co-ordinators
October 19, 2000
Welcome Summary:
Andrée Delagrave Chair, Access to Information Review Task ForceGood morning and welcome to the Task Force's first consultation. You responded enthusiastically to our invitation. It is a pleasure for me to see so many of you here this morning. I hope to have an opportunity to get to know as many of you as possible as the day progresses.
We wanted to meet with you very early in our mandate because we see you as critical partners in this review. Today is the first of a series of conversations the Task Force would like to have with you in the course of its mandate.
Our purpose for getting together today is to introduce members of the Task Force to you and to inform you about our mandate. But our focus today is to listen to you. We are looking for your views as experienced ATI professionals, as opposed to departmental positions, as to where improvements could and should be made.
Your comments will be summarised and used by the Task Force to help define its work plan, develop lines of enquiry and structure other consultations.
Thank you very much for accepting our invitation to participate in this, our first consultation. Your contributions today will provide critical insights invaluable to the success of the Task Force.
Summaries of Discussions
These summaries highlight the main points made in discussions at each of the eight roundtables and during the plenary session. They are not minutes or verbatim transcripts but rather a synopsis of the views of those participating at the consultation.
Participants (60)
Bank of Canada
Canada Customs and Revenue Agency
Canadian Food Inspection Agency
CRTC
Canadian Transportation Agency
Citizenship and Immigration Canada
Correctional Service Canada
Department of Finance Canada
Department of Foreign Affairs and International Trade
Justice Canada
Financial Transaction and Report Analysis Centre
Fisheries and Oceans Canada
Health Canada
Human Resources Development Canada
Immigration and Refugee Board
Industry Canada
National Archives of Canada
National Defence
National Parole Board
Office of the Inspector General of the Canadian Security Intelligence
Service
Office of the Superintendent of Financial Institutions Canada
Privy Council Office
Public Service Commission of Canada
Public Works and Government Services Canada
RCMP Public Complaints Commission
Solicitor General Canada
Statistics Canada
Transportation Safety Board of Canada
Veterans Affairs Canada
Western Economic Diversification Canada
Sharing the ATI Experience: Innovations and Progress
When you think of your experience with access, what policies, tools, innovative practices, attitudes, or any other processes have really helped make progress?
- Increased opportunity for training was identified by some participants
as empowering, career enhancing and as providing for more effective
delivery of service to access requestors. The Treasury Board manual
and the work of Treasury Board's Training Advisory Group was cited as
instrumental in raising awareness of the need for appropriate and ongoing
training opportunities.
- Improved internal communications and good staff relations in some
departments were characterised as supporting "learning" environments.
Some participants noted that this kind of environment has led to a better
understanding of the importance of the access to information co-ordinator
role and that this in turn has resulted in the provision of more timely
responses to requestors. One roundtable group noted that the ATIP co-ordinator
function is being appreciated more and that, increasingly, employees
are seeking advice from access to information co-ordinators and requesting
training to become better informed about the Act.
- Taking advantage of technological advances to better serve requestors
was seen as pivotal in meeting external demand and accommodating internal
approval processes. Adopting an automated ATIP tracking system - often
as part of Y2K preparedness - was seen as an important contributor to
improved access for requestors. Another roundtable group expanded on
this, noting that the software package "ATIP Flow" is proving useful
in managing case files in program areas.
- Some participants noted that support from ministers' offices as well
as increased departmental collaboration and respect for the role of
the access co-ordinator is providing significant impetus for improved
access to information in a number of departments. Some suggested that
the creation of the Access to Information Review Task Force is indicative
of government leadership to help ensure improved access to information
by Canadians. Another suggested that Bill C-208 had helped to put access
to information back on the political map.
- Flexibility in delegating authority was seen by several participants
as greater acceptance of "risk management" and as having resulted in
improved flow of information to requesters. Others noted that this was
linked to increased interest in ATIP processes on the part of senior
managers who had communicated their interest in ensuring access processes
work effectively. Similarly, a more open approach to releasing information,
by streamlining approval processes, and increasing budgets and resources
to clear backlogs were all identified by several participants as having
played a major role in implementing the Act more effectively in their
workplaces.
- It was noted that the Information Commissioner's "report cards" on
how requests are being handled has provided an innovative way of monitoring
departmental implementation of the Act.
- Several participants pointed to the benefits of encouraging "informal"
access to government information through means other than the Act. Some
noted a trend towards increased use of departmental web sites as a way
of keeping people informed and of furthering the government's objective
of more open government.
- Establishing good rapport with requestors was mentioned as an important part of establishing and "negotiating" how to appropriately meet requestors' information needs.
Sharing the ATI Experience: Difficulties and Irritants:
In your experience with access, what is not working?
- Insufficient human and financial resources and inadequate training
and support from central agencies were seen as seriously inhibiting
the ability of access to information staff.
- Heavy workloads within program areas were highlighted as a barrier
to timely compliance. Some participants also cited ministerial priorities,
the immediacy of work on notes for Question Period and legislative imperatives,
as often superseding work on access requests.
- Unreasonable timeframes for processing voluminous, complex requests
and lack of clarity by requestors as to their actual needs ('fishing
expeditions') were all identified as impediments to timely compliance
with the Act.
- The low fee for accessing information was noted by some as encouraging
"frivolous" requests. It was felt that time taken to deal with this
type of request was detrimental to timely compliance with requests perceived
to be more in keeping with the intent of the Act.
- Some roundtable groups also questioned the propriety of using the
Act for legal discovery purposes, or to have research done cheaply,
perceiving this to be misuse of the Act.
- Poor records management, including electronic documents - coupled
with loss of corporate memory - was also frequently mentioned as a major
obstacle to effective implementation of both the Access to Information
Act and policies designed to provide ease of access to government
information. Outdated systems, including the Co-ordination of Access
to Information Requests System were seen as significant barriers.
- Inadequate intra and inter-departmental communications and co-ordination
was seen as placing severe limitations on providing requestors with
timely responses.
- Many participants pointed to factors that affect access to information
staff. On-the-job stress, induced by factors such as heavy workloads,
inflexible staffing procedures, lack of office space, feeling undervalued
in the organization, high staff turnover, and occasional verbal abuse
from requestors dissatisfied with the level of service received, were
all seen as detrimental to maintaining an effective and motivated group
of professionals.
- Participants also pointed to inconsistencies across departments in
how the Act is administered and they perceived inconsistencies in advice
given by the various agencies involved (Treasury Board Secretariat,
Justice, PCO, Information Commissioner's Office) as affecting to the
credibility of access and access co-ordinators.
- Some participants deplored a perceived lack of accountability for
compliance with the Act in some program areas and perceived lack of
commitment to the spirit of the Act by some managers at all levels,
including senior management.
- Some roundtable participants noted problems of delegation of authority
both for access to information officers and program managers to approve
release of documents. Communications issues were also seen as holding
back the ATI process.
- Relations with the Office of the Information Commissioner were seen by a number of participants to have deteriorated over time. An apparent wear and tear on public servants' morale resulting from increasingly negative commentary in the Information Commissioner's annual report along with demands by investigators, perceived as overly persistent and excessive, were all cited as being harmful to maintaining good working rapport with the Information Commissioner's Office. It was felt that this could potentially exacerbate the already negative impacts of too few human and financial resources for the access to information function in government.
Looking At the Future: Enhancing Access
What would make a significant difference?
- Establishing efficient records management systems, policies, and
providing guidance were mentioned frequently as providing the most potential
for improving the public's access to government held information.
- Training and awareness for managers was seen as key.
- Adequate training resources and support and provision of user friendly
guidelines for ATIP offices as well as human resource planning to ensure
appropriate staffing levels and classification, were also cited as important
steps that would improve public access to information. More recognition
by political and departmental officials of the work performed by Access
to Information Co-ordinators was felt to be a necessary and important
pre-cursor to promoting a public service environment more respectful
both of their role and of the principles behind the Access to Information
Act. Some participants felt that classifying ATIP co-ordinators
at a higher level would give them increased credibility which would
allow them to champion ease of public access to information more effectively;
others felt that more leadership at all levels, but particularly by
senior management, would improve public access to information under
the Act, and also general access to many kinds of government information.
- The Department of Justice, Treasury Board, and the Privy Council
Office were singled out. A review of their specific roles in leading
and guiding the public service in implementing the Act and in encouraging
government transparency was seen as central to enhanced service delivery
under the Act and beyond.
- Increasing routine disclosure (for example on web sites) of all kinds
of governmental information and making access under the Act a 'last
resort process' for complex government records would improve very significantly
public access to government information.
- A number of specific amendments to the Act to make it clearer and
user friendly were suggested. One participant suggested that Schedules
1 and 2 should be at the front of the Act and that the definition of
investigative body should be with Section 16. Others noted that the
issue of what constitutes a transitory record should be clarified, and
that the fee structure, and the Act's timeframes, need to be reviewed.
- Restructuring the complaints process, a partnership approach and increased collaboration with the Office of the Information Commissioner were suggested at some roundtables as being an important part of improving access for Canadians.
Identifying key lines of enquiry for the Access to Information Review Task Force
What should the Task Force concentrate on in fulfilling its mandate?
- Records/information management was identified by many participants
as one of the most important lines of enquiry for the Task Force, including
the issue of transitory records. Reviewing the status of new technology
use and its impact were seen as a critical part of the Task Force's
work.
- Assessing the influence of workplace environments on compliance with
the Act was identified as being a particularly important undertaking
for the Task Force. Participants included human and financial resource
allocations, career path development for access to information co-ordinators,
empowering ATI offices, and the extent to which public servants at all
levels are provided awareness training about the Act, regulations and
related policies, as exerting a potentially critical influence on compliance
with the Act.
- Ascertaining best practices and the conditions under which they are
achieved was seen as an important line of enquiry for the Task Force.
Some participants noted that the Task Force should review the specific
roles of Treasury Board, Justice, and the Privy Council Office in leading
and guiding the public service in implementing the Act and in encouraging
government transparency.
- Many participants identified specific aspects of the Act, policies
or regulations to which they felt the Task Force should pay particular
attention. These included the fee structure, exemptions/exclusions,
time frames, extensions, the definition of "under the control of a government
institution", third party processes, the role of the Information Commissioner
and the relationship of the Commissioner's Office with government institutions.
- Participants suggested that the Task Force should also take into
account, in relation to access to information, the issue of 'whistle
blowing', in its work.
- Safeguarding the identity of requestors was also seen as an issue for the Task Force to review.
