Federal (Canada)Access to Information ActNot well-founded

Treasury Board of Canada Secretariat (Re), 2022 OIC 12

Organization: Treasury Board of Canada SecretariatComplainant: Anonymous applicant
Plain-language brief

An anonymous complainant alleged that the Treasury Board of Canada Secretariat (TBS), as the administrator of the federal access to information system, failed to provide adequate support to government institutions during the COVID-19 pandemic. The complainant argued that this failure impeded the right of access to government information and was contrary to the principles of openness and transparency. The OIC's investigation reviewed over 5,000 pages of emails and guidance documents from TBS, covering the period from mid-March 2020 to June 22, 2020. The investigation found that TBS actively reminded institutions of their obligations, clarified responsibilities, and addressed misinterpretations. TBS also collected and shared data on institutions' operational capacities and provided tailored support to those facing significant challenges. Given TBS's limited authority over institutions' day-to-day operations, the Commissioner concluded that the support provided was adequate. Therefore, the complaint was not well founded.

Key issues
  1. 1Whether the Treasury Board of Canada Secretariat provided adequate support to government institutions during the COVID-19 pandemic
  2. 2Whether the alleged lack of support impeded the right of access to government information
  3. 3Whether the alleged lack of support was contrary to the principles of openness and transparency
Outcome breakdownFavours: Institution
  • Adequacy of support: Support provided by TBS was adequate
  • Complaint validity: Complaint not well founded
Outcome

Complaint not well founded

Reasoning

The investigation found that TBS actively engaged in reminding institutions of their obligations, clarifying responsibilities, and addressing misinterpretations. TBS also collected and shared data on institutions' operational capacities and provided tailored support. Given TBS's limited authority over institutions' day-to-day operations, the Commissioner concluded that the support provided was adequate.

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Decision notes
Statutes considered
  • s.30(1)(f) ATIA
  • s.70 ATIA
  • s.4(2.1) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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