Key messages

May 16, 2022

Funding

  • In order to adequately respond to the increasing number of complaints (70% increase), the OIC will be pursuing additional permanent funding.
  • In order to close a record number of complaints last year, we have had to take exceptional measures that are not sustainable over the long term.
  • The longer-term trend is clear: more ATI requests and more complaints every year.
  • In spite of our best efforts, our inventory continues to grow.
  • Additional resources are needed if we are to continue to reduce the number of complaints in our inventory, while ensuring that new complaints are dealt with in a timely manner.

Institutions’ Performance and ATIA

  • COVID-19 continues to be used as an excuse for poor performance in the area of access to information. This is not acceptable. Institutions must live up to their legislative obligations.
  • There is no need to wait for legislative change to take action, especially considering that the review of the Act the Government was required by law to launch in 2020 has not yet concluded.

Systemic Investigation

  • Aside from bringing to light numerous issues specific to Library and Archives Canada, my most recent systemic investigation also drew attention to two of the broader challenges facing Canada’s access to information system:
    • the manner in which consultations on access requests are conducted between institutions; and;
    • the lack of a Government-wide framework for the declassification of records

OIC in numbers

  • Top 10 institutions recorded with the most complaints in 2021-2022:
Complaint activity in 2021-22
  Active complaints in 2021-22 Investigations completed in 2021-22 Outcome
Active complaints as of April 1, 2021 Complaints registered between April 1, 2021 and March 31, 2022 Total Complaints registered before April 1, 2021 Complaints registered between April 1, 2021 and March 31, 2022 Total Well founded Not well founded Resolved Discontinued Cease to investigate Total
Immigration, Refugees and Citizenship Canada 846 4199 5045 765 3616 4381 185 26 4101 69 0 4381
Canada Border Services Agency 184 789 973 77 241 318 57 17 232 12 0 318
Royal Canadian Mounted Police 258 458 716 164 198 362 105 45 181 31 0 362
Canada Revenue Agency 452 154 606 333 54 387 59 256 41 30 1 387
Privy Council Office 241 110 351 72 42 114 42 12 18 42 0 114
Library and Archives Canada 221 90 311 27 18 45 20 3 19 3 0 45
National Defence 173 69 242 97 34 131 68 25 16 22 0 131
Justice 152 61 213 101 14 115 32 14 6 63 0 115
Correctional Services Canada 98 93 191 64 30 94 40 9 32 13 0 94
Global Affairs Canada 114 72 186 55 19 74 46 6 18 4 0 74
  • The OIC recorded 70% more complaints in 2021-22 compared to the previous year.
    • As of March 31, 2022 (FY 2021-22), the OIC had registered 6,947 complaints (83% administrative vs 17% refusal).
      complaints registered-2021-22complaints closed-2021-22-eng
    • In comparison, in fiscal year 2020-21, the OIC registered 4,068 complaints and in 2019-20, 6,172 complaints.
  • 2022-23 could also be a record year in terms of complaints submitted to the OIC. As of May 10, 2022, we had:
    • 1047 registered complaints. 943 (90%) were administrative and 104 (10%) were refusals.
    • In comparison, by this date, we had registered 415 complaints in 2021 and 498 in 2020.
    • Over 1047 complaints so far (compared to 415 this time last year), if we continue on this trend, we will see well over 7K this year (2022-23).
  • In 2021-22, we closed 6,785 complaints (67% more than in 2020-21):
Break down of complaints

OUTCOMES

2021–22

2020–21

Well founded

934

14%

643

16%

Not well founded

522

8%

225

5%

Resolved

4,848

71%

2,867

71%

Discontinued

477

7%

325

8%

TOTAL

6785

100%

4060

100%

  • This is well above the 4400 files we closed, based on our current funding.
  • It appears, in part, to be attributable to a growing interest in government decisions made during the pandemic, on such topics as vaccinations and government assistance programs to business and individuals.
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