ATIP News

Under the law, the government has 30 days to respond to access to information requests, but new data shows that Ottawa meets that deadline just 30 per cent of the time. Link to video Read more at  https://globalnews.ca/news/9340073/delay-delay-delay-mps-seek-fix-to-canadas-broken-access-to-information-system/

OTTAWA - The Justice Department should not have told an MP it would take six years to respond to his request for documents about plans to ensure the safety of online platforms, the federal information watchdog has ruled. Read more at  https://www.thestar.com/politics/info-watchdog-raps-justice-department-over-six-year-access-to-information-extension/article_be7cc339-ad13-517e-9205-a1964599f640.html

See the importance of the consent form based on this legal case (Victoria Moshinsky-Helm v Minister of National Revenue) regarding an ATIP request. https://www.mondaq.com/canada/income-tax/1180006/victoria-moshinskyhelm-v-minister-of-national-revenue-guidance-from-a-canadian-tax-lawyer-on-judicial-review-of-a-cra-decision-regarding-former-spouse39s-income-records Victoria Moshinsky-Helm v Minister of National Revenue

Federal information commissioner says case exposed 'shortcomings’. Read more at  https://www.cbc.ca/news/politics/access-to-information-daughter-death-rcmp-1.6385520

The IRCC backlog has impacted other areas of government as well. The Access to Information and Privacy Office has received a massive influx of requests made under the  Access to Information  Act  (“ the ATI Act “).  The ATI Act  grants Canadian citizens, permanent residents, or any other person/entity in Canada the right to access government records. These requests are used by immigration applicants to obtain notes taken by Immigration officer who have reviewed their current and past immigration applications. Many applicants affected by the current backlog have criticized the lack of transparency and communication from IRCC on their files. A report from the Information Commissioner of Canada highlighted that in the 2019 to 2020 fiscal year,  there were  116, 928  access to information requests directed at IRCC, a 42% increase from the previous year . With the mounting uncertainty, many applicants have been making requests, which have caused longer...

An Ottawa researcher is asking a judge to order Canada’s national archives to speed up work on his request for old RCMP records after he was told to wait at least 80 years for a response. Read more at  https://www.thestar.com/politics/2022/01/06/man-seeking-rcmp-files-goes-to-court-after-national-archives-takes-80-year-extension.html

In the event of an undue processing delay, applicants can follow-up with the IRCC in several ways before requesting an Order of Mandamus from Federal Court. Read more at  https://www.lawnow.org/what-to-do-if-your-visa-or-immigration-application-is-delayed/

Every year, the federal government receives tens of thousands of anonymous requests for records under the Access to Information Act. David Akin reports on the legal boundaries, and the growing calls to investigate political interference Read more at  https://globalnews.ca/news/8415871/canada-access-to-information-delays-covid-19/

  The Treasury Board is quietly conducting a long-promised review of the Access to Information Act, which governs how Canadians can obtain records held by the government. Unfortunately, these consultations appear to be more of a public relations exercise than a serious effort to improve Canadians’ right to access. Unlike in past consultations, the Treasury Board is not releasing any kind of green paper or other consultative document to chart a course for the reforms, nor has the government sought independent expert advice. Read more at  https://www.theglobeandmail.com/opinion/article-canada-has-an-access-to-information-system-in-name-only/

  OTTAWA, ON, May 26, 2021 /CNW/ - Openness, transparency and accountability are guiding principles of the Government of Canada. Immigration, Refugees and Citizenship Canada (IRCC) is incorporating these principles as we improve and modernize our systems, processes and digital infrastructure to better serve our clients. IRCC takes its responsibilities and obligations under the Access to Information Act and Privacy Act very seriously. The annual number of access to information and privacy (ATIP) requests made to IRCC has increased dramatically in recent years, going from 63,333 in 2016–2017 to 132,891 in 2019–2020. IRCC now receives more requests than all other federal institutions combined, the majority of which are linked to individual case files. In the interest of openness and transparency, IRCC is adapting to these recent increases and providing an overall improved ATIP client experience by enhancing readily accessible information, offering faster response times and streamlined...

Immigration, Refugees, and Citizenship Canada used an internal policy between 2019 and March 2021 to take longer than the required 30 days to respond every time that five frequent requesters filed, says Caroline Maynard. Read more at  https://www.hilltimes.com/story/2021/05/25/irccs-automatic-extension-policy-to-delay-responses-to-frequent-requesters-against-the-act-says-information-czar/229362/

 OTTAWA -- The federal information watchdog says the Immigration Department needs to provide easier access to information for immigration applicants seeking more than a bare-bones outline of their files. In a new report today, information commissioner Caroline Maynard is calling for readier transparency as aspiring Canadians frequently have to resort to requests under the Access to Information Act. Maynard says the recurring complaint to her office revolves around a lack of available information on details such as application status or the reasoning behind decisions, which can be hard to obtain through the department's online account portal. The report says the Immigration Department received about 117,000 access-to-information requests in 2019-20 -- nearly three times more than all other federal institutions combined -- and became the target of the highest number of complaints to the information commissioner's office. Maynard is calling on Immigration, Refugees and Citizenship...

 The Information Commissioner of Canada’s special report, Access at Issue: Challenging the Status Quo, was tabled on  May 25, 2021 in Parliament. The report details the results of her investigation into systemic issues affecting Immigration, Refugees and Citizenship Canada’s (IRCC) handling of access to information requests.  Read more at  https://www.oic-ci.gc.ca/en/resources/news-releases/information-commissioner-urges-immigration-refugees-and-citizenship-canada

For any real change to occur, there have to be reasonable amendments that protect speculative discussions and open policy making, but do not permit cover-ups of embarrassing information. One of the jobs public servants most dislike is responding to Access to Information and Privacy requests, known as ATIPs. When I was a public servant, it was the sort of job dumped on junior officers, or those new to a division, as others more senior avoided them like the plague. Read more at  https://www.hilltimes.com/2020/10/14/atips-a-headache-in-need-of-a-cure/267610

How to turn things around?  First, have the auditor general conduct a system audit to ensure that federal institutions have the required complement of bureaucrats to properly administer the act. Many are currently critically understaffed.  Second, refocus the assorted objectives of the Office of the Information Commissioner; its core mandate should be constricted to the investigation of complaints. Truth be told, with its year-plus backlog of complaints, that office currently acts as an impediment to the timely pursuit of our right of access. Read more at  https://ottawacitizen.com/opinion/todays-letters-fixing-the-access-to-information-system