Information commissioner ‘disappointed’ by lack of federal ambition on access reform

OTTAWA — The federal information watchdog says she’s surprised that government proposals for updating the Access to Information Act avoid “the most pressing issue” dogging the system — unacceptable delays in answering requests.

Information commissioner Caroline Maynard says most of the complaints her office receives relate to the failure of federal departments and agencies to respond to applications for documents within legislated timelines.

The access law allows people to request files such as memos, reports and internal emails from federal agencies. Organizations are supposed to respond to an access request within 30 days, or provide reasons why more time is needed.

Many users complain of lengthy delays and exemptions in the law that keep many federal records under wraps. Exceptions related to national security, legal advice, ongoing investigations, advice from officials and other matters allow departments to withhold information from release.

The federal Treasury Board, which reviews the Access to Information regime every five years, began its latest study in June. It issued a policy document last week that sets out possible changes to the access regime and solicits feedback from interested parties.

In a statement posted to her website, Maynard said long-overdue reforms — such as maximum timelines for agencies to conduct consultations on whether to release requested records — are “simply absent” from the proposals.

Maynard also lamented the lack of proposals to expand the application of the law to more agencies, to limit “overly broad exemptions” in the act, and to make records deemed to be federal cabinet confidences — currently excluded from the law — subject to her oversight.

“I am disappointed with the lack of ambition on display, which reflects an insufficient appreciation of the seriousness of the challenges facing Canada’s access to information system,” Maynard said in her statement.

“Canadians should expect a review that addresses long-standing, well-documented problems with the access to information regime.”

The federal policy document acknowledges shortcomings in the system, including poor federal information management, a lack of systematic declassification of historical records and difficulties with obtaining records related to Indigenous affairs.

The policy paper proposes a public interest override to clear the way for the release of information that would protect health, safety and security, or simply help people to understand government decisions.

The paper also suggests establishing objective criteria for agencies to consider before taking time extensions under the law. It stops short of proposing actual limits on those extensions.

It proposes allowing institutions to extend response timelines when they receive multiple access requests from the same person.

In addition, the paper suggests explicitly allowing an institution to take an extension or put a request on hold if it is unclear or overly broad, and to extend timelines for processing requests when emergencies like pandemics or floods interrupt government operations.

It also expresses reservations about the growing frequency of orders issued by the information commissioner to government agencies, saying it is “becoming challenging for institutions to manage.”

The federal proposals largely ignore many existing recommendations and fall well short of what is required to strengthen transparency, Maynard said in her statement.

“In several respects, these proposals appear designed to ease what government institutions perceive as administrative burdens rather than to uphold Canadians’ right to know,” she wrote.

Maynard said she has informed Treasury Board President Shafqat Ali that she cannot support several of the proposals at this point.

“Despite the narrow focus of this consultation, I trust that the government will consider other substantive legislative improvements, beyond those proposed in the policy approaches,” her statement added.

This report by The Canadian Press was first published March 10, 2026.

Jim Bronskill, The Canadian Press