2025–26 Annual Report on the Administration of the Access to Information Act

Table of Contents

• Introduction
• Organizational Structure
  • Information Commissioner Ad Hoc
• Delegation Order(s)
• Performance 2025-26
  • Workload
  • Timeliness
  • Disclosure
  • Exemptions Claimed
• Training and Awareness
• Policies, Guidelines and Procedures
• Proactive Publication under Part 2 of the Access to Information Act
• Initiatives and Projects to Improve Access to Information
• Summary of Key Issues and Actions Taken on Complaints
• Reporting on Access to Information fees for the purposes of the Service Fees Act
• Monitoring Compliance
• Appendix A

Introduction

The Access to Information Act (Act) provides the public with a right to access to records under the control of government institutions, while ensuring that any exemptions and exclusions to this right are limited and specific. The Act also ensures that any decisions on the disclosure of information are reviewed independently of government. This report, prepared and tabled in accordance with section 94 of the Access to Information Act and section 20 of the Service Fees Act, reviews the Office of the Information Commissioner (OIC)’s access to information activities for 2025-26.

The OIC was created in 1983 under the Access to Information Act to support the work of the Information Commissioner. The mandate of the OIC is to conduct efficient, fair and confidential investigations into complaints about of access to information requests made to government institutions. Investigators conduct these investigations in private, giving all parties involved the opportunity to present their positions on the matters under investigation.

The OIC supports the Commissioner in her advisory role to Parliament and parliamentary committees on all matters pertaining to access to information. The OIC actively supports freedom of information in Canada through targeted initiatives such as Right to Know Week and ongoing dialogue with Canadians, Parliament and government institutions.

Organizational Structure

The OIC supports the Information Commissioner in her advisory role to Parliament and parliamentary committees on all matters pertaining to access to information.

The Commissioner is supported by a complement of approximately 119 employees, including a senior management team:

• Deputy Commissioner, Investigations and Governance
• Deputy Commissioner, Corporate Services, Strategic Planning, and Transformation Services
• Executive Director and General Counsel, Legal Services
• Senior Director, Public Affairs and Communications

The Access to Information and Privacy Secretariat falls under the Corporate Services, Strategic Planning, and Transformation Services. The ATIP Manager, Senior Director of HR, ATIP, and Corporate Governance, and the Deputy Commissioner of Corporate Services, Strategic Planning, and Transformation Services hold full-delegated authority under the Act.

The OIC has a small team of specialists who carry out the organization’s Access to Information and Privacy (ATIP) activities. In 2025-26, the ATIP team consisted of the ATIP Manager and 2 ATIP Officers. ATIP Secretariat members process requests, proactively publish completed Access requests, provide training on access and privacy matters to new employees, and develop and implement policies and procedures to ensure that the institution meets its obligations under the Acts.

The OIC ensures that all proactive disclosure requirements are posted within legislated deadlines.

The OIC was not party to any service agreements under section 96 of the Access to Information Act.

Information Commissioner Ad Hoc

Requesters who made an access to information request to the OIC are entitled to file a complaint under the Act. To prevent any perception of a conflict of interest and to provide a fair complaint process, the Information Commissioner Ad Hoc investigates complaints regarding these access requests.

Anne E. Bertrand has been the Information Commissioner Ad Hoc effective June 1, 2018.

Delegation Order(s)

The following delegation orders were in effect May 16, 2024:

Performance 2025-26

Appendix A contains the OIC’s statistical report on the Access to Information Act for 2025-26. The following sets out some highlights from that report, along with notable trends related to workload, timeliness and disclosure over the last 5 years.

Workload

The OIC saw an increase in most areas in 2025-26, except for the total amount of informal requests processed.

A total of 88 new requests were received, an increase of 66% from the previous fiscal year, which resulted in a total of 65,237 pages being processed – an increase of 22.3% from 2024-25 and 269.4% from 2023-24.

Nine (9) consultation requests were received which represents an increase of 350% compared to 2024-25.

Seven (7) informal requests were received, which represents a decrease of 92% compared to 2024-25.

Three (3) requests were carried over from 2024-25 and completed in 2025-26. Four (4) requests were carried over to 2026-27.

As Figure 1 shows, the annual volume of formal requests can fluctuate widely at the OIC.

Figure 1: New requests, 2021-22 to 2025-26

Over the years, trends have shown that the majority of requests received by the OIC originate from members of the public. In 2025-26, 77 requests (87.5%) were received from members of the public while 5 requests (5.6%) were received from the media, 3 requests (3.4%) were received from individuals who declined to identify, 2 requests (2.3%) were received from Academia, and 1 request (1.1%) was received from an organization.

Given the OIC’s work investigating complaints, the OIC receives numerous requests related to complaints each year. In 2025-26, the majority of requests received were for information regarding specific investigations or for general investigations guidance documents.

Figure 2: Number of pages processed, 2021-22 to 2025-26

In 2025-26, the OIC processed 65,237 pages in response to formal access to information requests. In addition to formal access requests, the OIC receives informal requests each year. These are often requests for records that have previously been released. The OIC responded to 7 such requests in 2024-25, processing a total of 316 pages. This means that a total of 65,553 pages were processed in response to formal and informal access to information requests.

The OIC received 9 requests for consultations in 2025-26. This represents an increase of 7 requests (269.4%) compared to 2024-25. The OIC does not provide recommendations on the application of exemptions in response to consultation requests under the Access to Information Act. This is because the Commissioner could later be required to investigate complaints about the institution’s use of those provisions of the Act to withhold information. Not making recommendations allows the Commissioner to maintain impartiality and avoid conflicts of interest.

Timeliness

A hallmark of exemplary service to requesters is timeliness. Prompt responses to access requests are fundamental to maintaining an effective access to information regime.

Figure 3: Completion time for access requests, 2025-26

The Access to Information Act sets 30 days as the timeframe within which institutions must respond to requests. When institutions determine that they will be unable to respond to a request in 30 days, they may take a time extension, provided at least one of the conditions found in section 9 of the Act are present including paragraph 9(1)(a) due to volume of records, paragraph 9(1)(b) for consultations and paragraph 9(1)(c) for third-party consultations. In keeping with the principle of timeliness, the OIC strives to make these extensions as short as possible.

The ATIP team monitors file status on an ongoing basis to ensure compliance with statutory deadlines. This is done through the use of regular reports drawn from the OIC’s case management system. Senior management is kept up to date on the files through weekly briefings.

Of the 87 requests the OIC closed in 2025-26, 84% were completed in less than 30 days (Figure 3); with 20% completed in less than 15 days and 64% completed between 16 to 30 days.

In 2025-26, the OIC took eight (8) time extensions as per subsection of section 9. Six (6) extensions were for 30 days or less. In determining the need for an extension, OIC ATIP Secretariat assessed a variety of factors and circumstances including, but not limited to, volume of responsive records, level of efforts required to undertake a search for records, level of efforts required to process responsive records, and complexity of requests and records sought.

The OIC completed all 87 requests in 2025-26 by their deadline (or the extended date), such that the OIC had no “deemed refusals.”

Figure 4: Average completion time for requests, 2021-22 to 2025-26

Another measure of timeliness is the average time it takes to complete a request. The OIC’s average completion time for requests for 2025-26 was 26 days, an increase from the previous year, primarily due to a rise in the volume and complexity of requests received.

As Figure 4 shows, over the last five years, that OIC has consistently achieved an average completion time of less than 30 days.

Disclosure

The Access to Information Act (Act) provides the public with a right to access to records under the control of government institutions, while ensuring that any exemptions and exclusions to this right are limited and specific. In line with this purpose, the OIC seeks to release as much information as possible to requesters and withhold only what is necessary.

In 2025-26, the OIC disclosed all records in response to 9 requests (10.3%) of the 87 files completed. These included requests for various guidance documents, internal procedural documents, and other routine documents.

The OIC disclosed part of the information requested for 41 files (47.1%). In many of these cases, the requests were related to investigations. The OIC cannot release any records related to an investigation unless the investigation and all related proceedings are concluded. At that time, some records may be released, as set out in section 16.1 of the Act. Furthermore, 12 exempted requests were applied pursuant to sections 16.1(1), 19, and 23 of the Access to Information Act.

In 2025-26, the OIC received 23 requests for which no records were found. This represented 26.4% of the total request volume.

Exemptions Claimed

The OIC claimed 6 different exemptions to withhold information when responding to requests throughout the 53 requests where information was redacted. There were no exclusions invoked.

Paragraph 16.1(1)(c) of the Act, which specifically exempts records associated with the OIC’s investigations, was invoked in 35 of the 53 files where information was withheld. This is a mandatory exemption and, as in previous years, paragraph 16.1(1)(c) was the OIC’s most commonly claimed exemption during this reporting period.

The Act also excludes certain information, such as Cabinet confidences (section 69) or information that is available for purchase (subsection 68(a)).

Training and Awareness

The OIC raises awareness regarding the right of access in Canada through targeted initiatives such as the Right to Know Week and ongoing dialogue with Canadians, Parliament and government institutions.

The OIC ATIP team provides ongoing training on access and privacy matters to OIC employees. In 2025-26, the Secretariat held formal training sessions for all new employees as well as informal training sessions on an ad hoc basis with current employees, as required. The Legal Services team also offered in-depth training on the Act to all new investigators.

Policies, Guidelines and Procedures

Our institution continues to review its current policies, guidelines (i.e. updated web awareness information, Qs & As) and procedures (i.e. internal tools such as approval templates), which will be updated and implemented over the next fiscal year.

Proactive Publication under Part 2 of the Access to Information Act

The OIC is a government institution listed in Schedule I of the Access to Information Act.

The OIC fulfilled its obligation for proactive disclosure requirements by ensuring all relevant information was posted online by the prescribed publication timeline. For 2025-26, the OIC achieved 100% compliance.

Initiatives and Projects to Improve Access to Information

A few projects were initiated in 2024-25 such as the development of awareness material and optimization of internal processes to improve access to information within the OIC which are planned to be implemented in 2026-2027.

Implementation of Sharepoint

In order to modernize its information management system, improve efficiency and collaboration and align with the Government of Canada's information management and digital government initiatives, the OIC fully implemented SharePoint as its central repository in 2024-25. SharePoint supports compliance with TBS policies, including the Policy on Service and Digital, and enhances collaboration and productivity within the OIC.

OIC ATIP Secretariat continues to leverage SharePoint to help ensure an effective, secure process is in place to send and received records within the OIC.

Summary of Key Issues and Actions Taken on Complaints

In 2025-26, the Information Commissioner Ad Hoc received 4 complaints about access requests made to the OIC. Of the four complaints investigated; two were deemed not well-founded and two resulted in the Ad Hoc Commissioner ceasing to investigate. Information on these complaints is included in the Information Commissioner Ad Hoc’s annual report, which was published as an appendix of the Commissioner’s annual report.

With the goal of resolving complaints in a timely fashion, the OIC responded promptly to the Ad Hoc Commissioner’s requests for representations in all cases.

Reporting on Access to Information fees for the purposes of the Service Fees Act

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.

With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.

Enabling authority: Access to Information Act

Fee payable: A $5.00 application fee is the only fee charged for an ATI request, however the OIC waives this fee to prevent barriers to access.

Total revenue: $0

Fees waived or refunded: The total amount of waived fees for this reporting period is $440.

Cost of operating the program: $217,983.

Monitoring Compliance

The OIC monitors compliance with the Access to Information Act in a variety of ways. This includes regular team meetings, bilateral meetings, and reporting file status via a weekly report shared with management.

In order to ensure that timelines are respected, the OIC ATIP Secretariat only consults other government institutions when absolutely necessary, and in a manner that ensures timely responses and is in line with the Implementation Notice published by Treasury Board Secretariat.

The right of access to information is reflected in contracts, information sharing agreements and arrangements via the inclusion of standard clauses to ensure awareness of obligations under the Access to Information Act and the Privacy Act.

Each sector within the OIC is responsible for monitoring the accuracy and completeness of proactively published information within their sphere of responsibility.

Appendix A

Statistical Report on the Access to Information Act

Name of institution: Office of the Information Commissioner

Reporting period: 2025-04-01 to 2026-03-31

Section 1: Requests Under the Access to Information Act

1.1 Number of requests

1.2 Sources of requests

1.3 Channels of requests

Section 2: Informal Requests

2.1 Number of informal requests

2.2 Completion time of informal requests

2.3 Pages released and re-released informally

Section 3: Applications to the Information Commissioner on Declining to Act on Requests

Section 4: Requests Closed During the Reporting Period

4.1 Disposition and completion time

4.2 Exemptions

4.3 Exclusions

4.4 Format of information released

4.5 Complexity

4.5.1 Relevant pages processed and disclosed for paper, e-record and dataset formats

4.5.2 Relevant pages processed per request disposition for paper, e-record and dataset formats by size of requests

4.5.3 Relevant minutes processed and disclosed for audio and video formats

4.5.4 Relevant minutes processed per request disposition for audio and video formats

4.5.5 Other complexities

4.6 Closed requests

4.6.1 Requests closed within legislated timelines

4.7 Deemed refusals

4.7.1 Reasons for not meeting legislated timelines

4.7.2 Requests closed beyond legislated timelines (including any extension taken)

Section 5: Extensions

5.1  Reasons for extensions and disposition of requests

5.2 Length of extensions

Section 6: Fees

Section 7: Consultations Received From Other Institutions and Organizations

7.1  Consultations received from other Government of Canada institutions and other organizations

7.2 Recommendations and completion time for consultations received from other Government of Canada institutions

7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada

Section 8: Completion Time of Consultations on Cabinet Confidences

8.1 Requests with Legal Services

8.2 Requests with Privy Council Office

Section 9: Investigations and Reports of finding

9.1 Investigations

9.2 Investigations and Reports of finding

Section 10: Court Action

10.1 Court actions on complaints

Section 41

10.2 Court actions on third party notifications under paragraph 28(1)(b)

Section 44 - under paragraph 28(1)(b)

Section 11: Resources Related to the Access to Information Act

11.1 Allocated Costs

11.2  Human Resources

Supplemental Statistical Report on the Access to Information Act

Name of institution:

Reporting period: 2025-04-01 to 2026-03-31

Section 1: Requests Carried Over and Active Complaints Under the Access to Information Act

1.1 Requests carried over to next reporting period, broken down by reporting period received

1.2 Active complaints with the Information Commissioner of Canada, broken down by reporting period received