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Information Commissioner of Canada 2018-2019 Annual Report

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Information Commissioner of Canada 2018-2019 Annual Report 2018-2019 ANNUAL REPORT INFORMATION COMMISSIONER OF CANADA 1 Office of the Information Commissioner of Canada 30 Victoria Street Gatineau, QC K1A 1H3 Tel. (toll free): 1 800 267-0441 Fax: 819-994-1768 Email: [email protected] Website: www.oic-ci.gc.ca © Minister of Public Works and Government Services 2018 Cat. No. 1P1E-PDF June 2018 Senator George J. Furey Speaker of the Senate Ottawa ON K1A 0A4 Dear Mr. Speaker: I have the honour to submit to Parliament, pursuant to section 38 of the Access to Information Act, the Annual Report of the Information Commissioner of Canada, covering the period from April 1, 2017, to March 31, 2018. Yours sincerely, Caroline Maynard Information Commissioner of Canada June 2018 The Honourable Geoff Regan, M.P. Speaker of the House of Commons Ottawa ON K1A 0A6 Dear Mr. Speaker: I have the honour to submit to Parliament, pursuant to section 38 of the Access to Information Act, the Annual Report of the Information Commissioner of Canada, covering the period from April 1, 2017, to March 31, 2018. Yours sincerely, Caroline Maynard Information Commissioner of Canada TABLE OF CONTENTS MESSAGE FROM THE MESSAGE FROM THE COMMISSIONER .................................................1 COMMISSIONER RETROSPECTIVE ON THE TENURE OF FORMER INFORMATION COMMISSIONER SUZANNE LEGAULT ...........................3 ABOUT THE OFFICE OF THE INFORMATION COMMISSIONER ....................................................................................4 • Organizational Structure .................................................................................................... 4 INVESTIGATION HIGHLIGHTS ................................................................6 • Subsection 10(2) – Refusal to Confirm or Deny Existence of Records ................................................................................................ 6 • Section 18.1 – Economic Interests of Certain Government Institutions ....................................................................................... 7 • Section 20 – Third Party Information ................................................................................. 8 • Exceptions to the Exemption for Third Party Information ................................................. 8 • Collaborating with Institutions ......................................................................................... 10 • Access to Scientists .......................................................................................................... 11 COURT PROCEEDINGS ........................................................................12 • Transferring Requests and the Duty to Assist .................................................................. 12 • Indian Residential School Settlement Agreements Records ........................................................................................................ 12 • Late Application of Exemptions Must be Justified.......................................................... 12 • Test for the Information Commissioner to be an Added Party ................................................................................................................ 13 • Personal Identifying Information on Social Media can be Considered Publicly Available ............................................................................. 13 • Facts and Decisions Do Not Qualify for the Advice and Recommendations Exemption .................................................................13 ADVISING PARLIAMENT ......................................................................14 • Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts ........................................................ 14 • Main and Supplementary Estimates ................................................................................ 15 • Bill C-71, an Act to amend certain Acts and Regulations in relation to firearms ................................................................................... 15 PROTECTING AND PROMOTING ACCESS ...........................................16 • Right to Know Conference ............................................................................................... 16 • Collaborating with International, Federal, Provincial and Territorial Commissioners ......................................................................... 17 ANNEXES ............................................................................................19 • Detailed Summary: Access to Scientists .......................................................................... 19 • Facts and Figures ............................................................................................................. 22 • Report of the Information Commissioner Ad Hoc, 2017–2018 ........................................ 30 2018-2019 ANNUAL REPORT MESSAGE FROM THE MESSAGE FROM THE COMMISSIONER .................................................1 COMMISSIONER RETROSPECTIVE ON THE TENURE OF FORMER I was appointed Information Commissioner of INFORMATION COMMISSIONER SUZANNE LEGAULT ...........................3 Canada just as this reporting year was wrapping ABOUT THE OFFICE OF THE INFORMATION up, on March 1, 2018. As such, this report focuses COMMISSIONER ....................................................................................4 on the work of my predecessor, but I would like to share some of my initial priorities as I begin my • Organizational Structure .................................................................................................... 4 seven-year mandate. INVESTIGATION HIGHLIGHTS ................................................................6 This mandate begins with an inventory of nearly • Subsection 10(2) – Refusal to Confirm or 3,500 complaints – that’s a 23% increase from the Deny Existence of Records ................................................................................................ 6 previous year’s inventory. Complaints to the • Section 18.1 – Economic Interests of Office of the Information Commissioner (OIC) Certain Government Institutions ....................................................................................... 7 have also continued to grow, with a 25% increase • Section 20 – Third Party Information ................................................................................. 8 from last year. Canadians deserve timely access to • Exceptions to the Exemption for Third Party Information ................................................. 8 information. My first priority is to work to address • Collaborating with Institutions ......................................................................................... 10 the inventory of complaints my office has yet to • Access to Scientists .......................................................................................................... 11 complete, while investigating new complaints as they arrive. COURT PROCEEDINGS ........................................................................12 • Transferring Requests and the Duty to Assist .................................................................. 12 I am fortunate to work alongside a team of • Indian Residential School Settlement dedicated professionals who will support me in Agreements Records ........................................................................................................ 12 taking on this challenge. • Late Application of Exemptions Must be Justified.......................................................... 12 • Test for the Information Commissioner to be I am working with staff to identify ways to an Added Party ................................................................................................................ 13 resolve complaints in a timelier manner to alleviate the inventory of unassigned complaints • Personal Identifying Information on Social Media — Caroline Maynard can be Considered Publicly Available ............................................................................. 13 Information Commissioner of Canada and address delays. Over time, I hope to • Facts and Decisions Do Not Qualify for streamline the investigation process and improve the Advice and Recommendations Exemption .................................................................13 operational efficiencies. I am optimistic about “ I am fortunate to work alongside a team the opportunities ahead for access to information ADVISING PARLIAMENT ......................................................................14 of dedicated professionals who will and government openness and transparency in • Bill C-58, An Act to amend the support me in taking on this challenge.” Canada. I intend to work closely and collaboratively Access to Information Act and the Privacy Act and with institutions to share best practices and to make consequential amendments to other Acts ........................................................ 14 opportunities for improving access to information • Main and Supplementary Estimates ................................................................................ 15 service delivery for Canadians. I plan to collaborate • Bill C-71, an Act to amend certain Acts and with the Privacy Commissioner of Canada and my Federal, Provincial, and Territorial Information and Regulations in relation to firearms ................................................................................... 15 Privacy Commissioner counterparts to further
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