Major Overhaul of Access-to-Information Law Needed, Commissioner Tells MPs

Canada’s information commissioner is calling for a major overhaul of the 43-year-old Access to Information Act, warning that public disclosure deadlines are routinely missed as growing volumes of digital communications strain Canada’s access-to-information system.

Information Commissioner Caroline Maynard told MPs on May 4 that complaints are increasing as outdated legislation, funding pressures, and weak enforcement tools further slow public access to records.

“We need to look into the legislation, given the different ways people work now,” she said. “This legislation was created when people were working with paper documents. Now we’re dealing with electronic documents.”

Maynard made the comments in testimony before the House of Commons Standing Committee on Access to Information, Privacy and Ethics, saying the Access to Information Act, passed in 1983, is out of step with the digital age.

Maynard also warned that officials increasingly rely on “transitory exchanges” such as emails, phone calls, and messaging platforms, meaning key decisions are not always captured in official records. She said reforms should address these gaps in record-keeping, including by introducing a formal “duty to document” government decisions.

She added that large volumes of digital communications can make it difficult to retrieve relevant information. Without stronger rules and better information management, she said, key decision-making may not be properly recorded or accessible, undermining transparency.

Maynard also said her office faces growing financial pressure amid rising complaint volumes. She said a report for 2024-25 found about 40,000 of nearly 200,000 access requests were not completed within the legal deadline, which is typically 30 days.

A longstanding funding shortfall tied to Treasury Board allocation methods has forced internal reallocations to manage costs, she said. While her office was exempt from recent government spending cuts, she said it still faces fiscal strain and current arrangements may not be sustainable if delays and complaints continue to rise.

Maynard also reiterated concerns she raised in a March statement, saying the law should be extended to currently excluded political offices, including the Prime Minister’s Office, ministers’ offices, and cabinet-related functions, while still protecting sensitive material such as cabinet confidences through exemptions.

In the United Kingdom, Australia, and New Zealand, similar institutions are covered under access laws, she said, arguing that inclusion should be broader and exemptions handled through independent review rather than outright exclusion.

Maynard also told the committee she supports strengthening enforcement powers by making her orders more legally binding, including allowing them to be enforced through the Federal Court. While most institutions comply, she said more serious consequences would improve timeliness, compliance, and accountability.