Information Access Plan Provides Historical Records Guidance, No Legislative Updates
The Liberal government has detailed a series of measures aimed at improving the heavily criticized Access to Information system, including new guidelines on disclosing historical records.
However, the new plan emphasizes that any revisions to the federal access law will have to wait until after the next official review, scheduled to commence in a year.
Individuals can request government records under the Access to Information Act for a fee of $5, encompassing emails, memos, reports, and expense claims.
Federal agencies are expected to respond within 30 days or provide valid reasons for any necessary extensions to process requests.
The access law has not undergone complete updates since its inception 41 years ago, leading to complaints about delays and exemptions that result in heavily redacted documents or outright denials.
Civil society organizations, journalists, and the public who participated in the last federal review of the system called for an expansion of the law, removal of loopholes, stricter response timelines, and increased resources to enhance the system’s efficiency.
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Furthermore, a House of Commons committee report from last June proposed 38 recommendations to revamp the access system, including introducing fines or penalties for agencies failing to meet response deadlines.
Despite their age, many records held by Library and Archives Canada are subject to scrutiny under the Access to Information law, with various information categories potentially redacted before disclosure, such as national security, defense, legal matters, and more.
In an April 2022 report, information commissioner Caroline Maynard pointed out the absence of a consistent framework for declassifying sensitive records across government departments.
Released on May 29 by Treasury Board President Anita Anand, the federal modernization plan regarding Access to Information is part of a broader “trust and transparency strategy.”
The plan focuses on administrative enhancements to streamline the federal response to requests and make it more efficient.
One of the measures includes policy guidance aimed at ensuring a consistent approach to reviewing and potentially disclosing historical records.
This guidance establishes recommended time thresholds for federal institutions to better apply exemptions under the law, encouraging them to consider the chronological aspect when deciding whether to release historically significant records to Canadians.
For instance, under the new guidelines, the time threshold for the exemption allowing institutions to withhold records due to sensitivity regarding defense, international affairs, or security is set at 50 years.
Officials are advised to consider a threshold of 30 years when invoking the exemption related to historical records on federal-provincial affairs.
Anand stated on May 29 that this guidance represents a significant departure from past practices, with the new baseline indicating that information will be disclosed after the timeframe has elapsed unless there are compelling reasons not to release it.
Alan Barnes, a former federal intelligence official now serving as a senior fellow at Carleton University’s Centre for Security, Intelligence, and Defense Studies, expressed concern over the lengthy 50-year threshold for defense, international affairs, and security-related records.
Prior to the enactment of the access law in 1983, the general government policy was to release records older than 30 years, Barnes noted.
He added that officials might interpret the guidelines in a way that restricts the release of records until they reach the threshold, potentially leading to fewer records being disclosed.
Given departments’ historical reluctance to disclose old records, Barnes believed that the new guidelines might be used to avoid making recent records public.
Other aspects of the plan include additional guidance for request processors, enhanced training, and the adoption of modern digital tools.
The upcoming federal review of the access law, set to commence by June 2025, will provide an opportunity for the government to explore ways to strengthen the legislation.
“Transparency remains a top priority, and we will continue to work on enhancing it,” Anand affirmed.
