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ETHI Committee Report

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LIST OF RECOMMENDATIONS

 

As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That the Government of Canada conduct a comprehensive review and overhaul of the federal access to information system.

Recommendation 2

That the Government of Canada amend section 9 of the Access to Information Act to limit the extension of time limits to a maximum of 60 days, unless permission to exceed that period is provided by the Information Commissioner of Canada.

Recommendation 3

That the Government of Canada create a process by which departments and agencies that face ongoing access to information requests as a last resort to obtain information that should be available to requesters, such as information related to the denial of an immigration application, deal with those requests outside of the access to information system.

Recommendation 4

That the Government of Canada work with Indigenous Peoples to remove barriers to access information.

Recommendation 5

That the government of Canada work with Indigenous peoples to develop a mechanism of independent oversight that ensures their full and timely access to records held by federal government institutions for purposes of substantiating historical claims.

Recommendation 6

That the Government of Canada amend the Access to Information Act to update and align language used in relation to Indigenous peoples and communities, including the definition of “aboriginal government” in the Act.

Recommendation 7

That the Government of Canada explore the possibility of creating an expedited access to information system as part of the access to information regime for victims and survivors of military misconduct.

Recommendation 8

That the Government of Canada amend the Access to Information Act to insert provisions strictly prohibiting access to information and privacy coordinators from asking requesters to identify themselves.

Recommendation 9

That the Government of Canada review its classification system for secret records and provide classification training to staff responsible for processing access to information requests in relevant government institutions.

Recommendation 10

That the Government of Canada improve the declassification system to provide greater access to Canada’s history.

Recommendation 11

That the Government of Canada implement a process for the automatic release of historical documents that are more than 25 years old.

Recommendation 12

That the Government of Canada establish and implement clearer record classification guidelines and a declassification system.

Recommendation 13

That the Government of Canada ensure that staff responsible for processing access to information requests in each government institution be required to undergo ongoing training to ensure the integration of a culture of openness and transparency within the institution.

Recommendation 14

That the Government of Canada subject Directors General of departments to performance evaluations with bonuses based on their work on access to information under their responsibility.

Recommendation 15

That the Government of Canada increase the use of new technology by government institutions to speed up the ability for access to information requests to be fulfilled, including but not limited to artificial intelligence, electronic transcription, and automated translation.

Recommendation 16

That the Government of Canada work to strengthen its information management through improved storage and organization, retention requirements, and digital innovation.

Recommendation 17

That the Government of Canada amend the Access to Information Act to include a duty to document with appropriate penalties for non‑compliance.

Recommendation 18

That the Government create a framework to ensure that methods of avoiding access to information requirements be stopped, that requirements be clearly laid out in the terms of employment of employees of government institutions, that incidents of avoidance be reported in a report to the Information Commissioner of Canada, and that the report be tabled in Parliament.

Recommendation 19

That the Government of Canada prohibit the use of personal emails or encrypted applications for government communications.

Recommendation 20

That the Government of Canada amend the Access to Information Act to identify the circumstances in which consultation between government institutions must occur and impose a time limit on those consultations.

Recommendation 21

That the Government of Canada increase proactively published information under Part 2 of the Access to information Act.

Recommendation 22

That the Government of Canada amend the Access to Information Act to require government institutions subject to the Act to proactively disclose information frequently requested in access to information requests.

Recommendation 23

That the Government of Canada publish all access to information requests not related to personal information in a searchable database, available to the public at no cost, and that those requests be anonymized before publication.

Recommendation 24

That the Government of Canada require government institutions that face repeated requests on a specific subject to inform the Information Commissioner of such repeated requests and that a report be sent to Parliament.

Recommendation 25

That the Government of Canada amend the Access to Information Act to ensure that previously submitted access requests are subject to the Access to Information Act.

Recommendation 26

That the Government of Canada require each government institution to maintain a public record of its access to information requests and the time required to respond to each request.

Recommendation 27

That the Government of Canada amend the Access to Information Act to clarify that the access to information system is based on a culture of openness and transparency and to include in the Act a public interest override, which would apply to all exemptions to make public interest documents open by default.

Recommendation 28

That the Government of Canada create an “Open by Default” approach to access to information and acknowledge that the status quo is not acceptable.

Recommendation 29

That the Government of Canada order and conduct an impartial review of Cabinet confidences as it relates to the access to information and privacy system.

Recommendation 30

That the Government of Canada extend the application of Part 1 of the Access to Information Act to Cabinet confidences, except where an exemption applies, and give the Information Commissioner the power to review such records to determine whether the exemption has been properly applied.

Recommendation 31

That the Government of Canada extend the application of Part 1 of the Access to Information Act to the Prime Minister’s Office and Ministers’ offices.

Recommendation 32

That the Government of Canada extend the application of the Access to Information Act to any organization operating on behalf of the government and using public funds to provide services to Canadians.

Recommendation 33

That the Government of Canada conduct a review of the exemptions and exclusions to access to information contained in the Access to Information Act, including but not limited to commercially sensitive information, personal information, political staff, and Cabinet confidences.

Recommendation 34

That the Government of Canada amend section 21 of the Access to Information Act to include a list of information to which the exemption relating to operations of government does not apply and to reduce the 20-year-period to 10 years.

Recommendation 35

That the Government of Canada limit the application of the exemption relating to personal information to section 19 of the Access to Information Act and impose an obligation to consult the Information Commissioner of Canada if the addition to Schedule II of the Act of new prohibitions based on other laws is contemplated under section 24, or on other subjects such as artificial intelligence.

Recommendation 36

That the Government of Canada amend the Access to Information Act to state that the amounts of public funds spent are never confidential information.

Recommendation 37

That the Government of Canada amend the Access to Information Act to give the authority to the Information Commissioner of Canada to impose fines or penalties where Access to Information and Privacy divisions are late in delivering responses to requests.

Recommendation 38

That the Government of Canada establish an independent funding mechanism for the Office of the Information Commissioner of Canada and other Agents of Parliament who do not have access to such mechanism.