Information Commissioner’s appearance before the Standing Committee on Government Operations and Estimates

February 5, 2026
Ottawa, ON

(Check against delivery)

Thank you, Mr. Chair and members of the Committee, for the invitation to appear before you today.

Since I do not appear before this Committee very often, I would like to briefly talk about my mandate.

I am the independent Agent of Parliament responsible for overseeing the federal access to information regime. My mandate is to investigate complaints, ensure that institutions comply with their legal obligations under the Access to Information Act, and uphold Canadians’ right of access to government information.

This role is essential to transparency, accountability, and the integrity of our democratic institutions.

As you know, under the Comprehensive Expenditure Review, institutions across government are reviewing public spending to ensure it is responsible, cost-effective, and delivers real results for Canadians.

While my office is not directly affected by the Review, we respect its spirit by modernizing processes, maximizing operational efficiencies, and deploying resources strategically, while maintaining our core mandate.

As the government seeks to reduce expenditures, leaders must keep in mind that access to information is not a service. It is a quasi-constitutional right grounded in law, and it must be treated as such.

This right is put at risk by cuts to Access to Information and Privacy teams as well as to the program areas that hold the records. 

In a digital world flooded with misinformation—where Artificial Intelligence can distort content and falsehoods spread rapidly on social media—timely access to reliable information is more crucial than ever. It empowers us to separate fact from fiction and understand what drives government decisions.

Turning to the Review of the Access to Information Act launched last June by the Treasury Board Secretariat, it is important to note that multiple studies and reviews have already highlighted that changes are necessary. While I will reserve detailed comment until the government’s policy paper is released, the Review presents a critical opportunity for meaningful reform.

As I recently wrote to the President of the Treasury Board, this review must not become a justification for further secrecy. It must expand access, modernize the framework, and reinforce independent oversight. The public’s right to know is fundamental to our democracy, and any review must strengthen that right.

In that vein, I would like to talk about one legislative amendment introduced in 2019 that has had a significant positive impact on the overall access system and on the work done by my office: the order-making power.

When I find that an institution has not complied with the Act, and there is a corrective action to be taken, I can order the institution to do so. I want to highlight the fact that this authority is used sparingly. I only issue orders when efforts to make institutions comply with their statutory obligations are unsuccessful.

Up to January of the current fiscal year, only 230 of the nearly 3,000 complaints concluded through investigations resulted in orders being issued. That represents less than 8% of complaints. This figure demonstrates that my authority to make order is exercised appropriately and is not overused.

The data also shows that I issue orders mostly in cases involving delay or extension of time complaints. These are situations where institutions have already missed the statutory deadline for responding, sometimes by months.

In such cases, the order simply directs the institutions to do what the law already requires them to do: provide the response that the requester is entitled to under the Act.

In closing, I want to state that, as a matter of principle, I am categorically opposed to any measure that would weaken the order-making power.

Revisiting this authority would represent a step backward for transparency, accountability, and the federal access to information system.

Thank you. I would be pleased to answer your questions.