Information Commissioner of Canada

Information Commissioner of Canada
Post	Information Commissioner
Body	Canada
Incumbent	Caroline Maynard
Incumbentsince	2018
Style	The Honourable
Appointer	Governor General of Canada
Inaugural	Inger Hansen
Formation	1983

Information Commissioner of Canada

The Information Commissioner of Canada is an independent ombudsman-style officer established by the Access to Information Act to oversee access to records held by federal institutions such as Royal Canadian Mounted Police, Department of National Defence, Canada Revenue Agency, Public Health Agency of Canada and Immigration, Refugees and Citizenship Canada. The office mediates disputes between requesters and institutions including Library and Archives Canada, Parliament of Canada, Privy Council Office and federal agencies like the Canadian Security Intelligence Service and the Canadian Broadcasting Corporation. The position interacts with federal accountability mechanisms including the Auditor General of Canada and the Office of the Privacy Commissioner of Canada.

History

The office was created following debate over the Access to Information Act passed in 1983 under the minority government of Prime Minister Pierre Trudeau and implemented during the early tenure of Prime Minister Brian Mulroney. Early commissioners such as Inger Hansen and successors confronted issues tied to institutions including the Department of Justice (Canada), Department of National Defence and the Royal Canadian Mounted Police during events like the exposure of the Air India bombing inquiries and the aftermath of controversies involving the SNC-Lavalin affair. Over time the mandate was shaped by interactions with statutes such as the Privacy Act and judicial decisions from the Supreme Court of Canada, and by parliamentary scrutiny from committees like the House of Commons Standing Committee on Access to Information, Privacy and Ethics.

Role and Responsibilities

The commissioner provides complaint resolution for requesters under the Access to Information Act, mediates between parties including federal ministers and Crown corporations like Canada Post and Atomic Energy of Canada Limited, and issues recommendations to institutions such as the Public Service Commission of Canada and Employment and Social Development Canada. The office publishes investigations, audit-style reports, and systemic reviews addressing records from agencies including the Canada Border Services Agency and the National Research Council (Canada). It also collaborates with oversight bodies like the Information and Privacy Commissioner of Ontario and international counterparts including the European Data Protection Supervisor and national information commissioners in the United Kingdom, Australia, and New Zealand.

Appointment and Tenure

The Information Commissioner is appointed by the Governor General of Canada on the advice of the Prime Minister of Canada and subject to approval by the House of Commons through committee processes including hearings before the House of Commons Standing Committee on Access to Information, Privacy and Ethics. Commissioners serve a statutory term as specified in the Access to Information Act, with past holders such as Suzanne Legault and Robert Marleau illustrating variations in tenure and reappointment. Removal and discipline mechanisms intersect with provisions concerning independence protected under principles developed in cases before the Federal Court of Canada and commentary from the Canadian Judicial Council.

Investigations and Powers

The office conducts investigations, exercises powers to obtain documents from federal institutions including Shared Services Canada and Public Services and Procurement Canada, and can recommend disclosure or correction. While the commissioner cannot order binding disclosure, the role leverages findings in reports that influence litigation before the Federal Court and policy changes in departments like the Department of National Defence and agencies such as the Canadian Security Intelligence Service. The commissioner uses powers to subpoena witnesses, inspect files, and request records, interacting with statutory exceptions embodied in sections of the Access to Information Act and influenced by jurisprudence including rulings by the Federal Court of Appeal and the Supreme Court of Canada.

Notable Cases and Reports

The office has produced high-profile investigations and reports involving institutions like the Royal Canadian Mounted Police (investigations into surveillance and records practices), the Canada Revenue Agency (reviews of processing and exemptions), and the Privy Council Office (handling of ministerial records). Reports have addressed emergency powers invoked during the COVID-19 pandemic and transparency issues related to procurement for programs like the Canada Emergency Wage Subsidy. Findings have informed parliamentary hearings concerning controversies such as the SNC-Lavalin affair and disclosures tied to national security episodes referencing the Arar case and operational practices of the Canadian Security Intelligence Service.

Criticism and Oversight

The commissioner's office has faced criticism from Members of Parliament in bodies including the House of Commons and commentators associated with outlets like the Globe and Mail and CBC News over perceived limits of authority, timeliness of investigations, and resource constraints. Some federal ministers and departments such as Public Safety Canada and the Department of National Defence have disputed recommendations, prompting debate in committees like the Standing Committee on Access to Information, Privacy and Ethics and proposals for legislative reform to the Access to Information Act advanced by parties including the Liberal Party of Canada, the Conservative Party of Canada and the New Democratic Party. Oversight intersects with review by the Auditor General of Canada and scrutiny from civil society organizations including OpenMedia and Access Info Europe-affiliated groups.

Category:Canadian federal institutions Category:Ombudsmen in Canada