Information Commissioner expresses reservations with Government’s initial step in the review of the Access to Information Act
Gatineau, Quebec, March 6, 2026 – Following the publication of the Government of Canada’s 2025 review of the Access to Information Act: Policy approaches on March 5, 2026, Information Commissioner Caroline Maynard has released the following statement:
“I have mixed feelings regarding this publication, the first evidence of any forward progress in the review of access to information launched last June.
On the one hand, I am relieved that unlike its 2020 review, the Government appears to be open to making changes to the Access to Information Act. I am also pleased to be consulted on potential changes to the law. The last time legislative amendments were adopted in 2019 through the passage of Bill C-58, my office had no opportunity to provide input until the proposed amendments had already been tabled in Parliament.
On the other hand, I feel that the government has stumbled with its first step, for several reasons:
Firstly, 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. Canadians should expect a review that addresses longstanding, well-documented problems with the access to information regime. Unfortunately, the policy approaches presented largely ignore many of the stakeholders’ existing recommendations and fall well short of what is required to strengthen transparency. In several respects, these proposals appear designed to ease what government institutions perceive as administrative burdens rather than to uphold Canadians’ right to know.
In particular, I am surprised that the document avoids the most pressing issue facing the system today: the unacceptable delays experienced by requesters. The majority of complaints my office receives—and the overwhelming majority of orders I issue—relate to institutions’ failure to respond within legislated timelines. Long-overdue reforms such as expanding the application of the Act, subjecting Cabinet confidences to the Information Commissioner’s oversight, limiting overly broad exemptions, and establishing maximum timelines for consultations are simply absent.
While the certification of my orders by the Federal Court of Canada is finally being considered, several other proposals such as the suggestion that my office should place greater emphasis on mediation; or requiring the publication of my decision’s rationale, appear to be based on misconceptions as to how I carry out my investigations and report my findings. The fact that my office already concludes approximately 90% of complaints without issuing an order and publishes its final reports through a public database appear to have been overlooked.
Finally, I am troubled by measures that would weaken the right of access—including limiting access to “official records” or delaying access during emergencies. As I emphasized during the COVID-19 pandemic, crises do not restrict the public’s right to transparency. When governments exercise extraordinary powers and spend extraordinary sums, timely access to information becomes even more, not less, essential.
I have informed the President of the Treasury Board that I cannot, at this point, support several of the proposals. It appears that, contrary to feedback provided by stakeholders in previous consultations, the government’s proposals put administrative convenience ahead of protecting and enhancing a quasi-constitutional right.
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. I continue to believe that this review can ultimately result in the changes to both the law and the system that are so urgently required. Once my office has completed a thorough analysis of the policy paper, I will provide detailed recommendations on the issues that we feel must be addressed.
Ultimately, this reform must strengthen—not erode—the right of Canadians to know how decisions are made and how their institutions operate. I am committed to playing a constructive role in ensuring this goal is achieved.”