COW - Access To Information – June 10, 2021

Key messages

• Immigration, Refugees and Citizenship Canada (IRCC) takes its responsibilities and obligations under the Access to Information Act and Privacy Act very seriously.
• The Department has robust processes in place. These include the requirement for all staff to take mandatory training on access to information and privacy. In addition, ad hoc and tailored training sessions and workshop presentations are delivered to individuals throughout the organization to reinforce and increase knowledge and understanding of access to information, privacy and personal information.
• We are committed to promoting an open, accountable and transparent government through the Acts and we abide by these Acts, and Treasury Board Secretariat guidelines and directives.
• IRCC is incorporating these principles as we improve and modernize our systems, processes and digital infrastructure to better serve our clients.

Supplementary messages

• IRCC has announced its ATIP Management Action Plan, an initiative that will increase proactive openness and communications with clients to address their concerns. The plan is the result of on-going collaboration with the Office of the Information Commissioner (OIC), and directly responds to the issues and recommendations raised in the OIC’s recently released report entitled Access at Issue: Challenging the Status Quo.
• Modernization efforts underway will expand the capabilities of the MyAccount portal—the platform clients use to access information about their files—to include more information on the status of cases, and provide clear and concise communications to explain the reasons why an application was not approved.
• In addition, IRCC has a responsive and flexible workforce that strives to meet the growing demand in ATIP requests, and is implementing automated processes which will improve processing times. Furthermore, the simplification of IRCC’s online request form through the use of drop‐down menus, enhancements to the Department’s website to improve the transparency of how processing times are communicated and the capacity to push-notify clients’ targeted information related to their application type are all excellent examples of initiatives with measurable positive outcomes for requesters.
• In the interest of openness and transparency, IRCC is adapting to recent increases and providing an overall improved ATIP client experience by enhancing readily accessible information, offering faster response times and streamlined systems.

[If pressed on allegations of interference in the ATIP process]

• It is important to note that the identity of the requester was never compromised. IRCC takes its responsibilities and obligations under the Access to Information Act and Privacy Act seriously.
• IRCC adheres to Access to Information and Protection of Personal Information policies. The government’s Policy on Privacy Protection requires that federal institutions only disclose requester’s identities when authorized by the ATIA to do so and where there is a “clear need to know in order to perform duties and functions” related to the ATIA.
• At IRCC, the responsibility to respond to ATIP requests is delegated to the ATIP Division, who adhere to the Interim Directive on the Access to the Information Act. The Directive states that heads of institutions can only delegate officers and employees of their government institution in the delegation order. Members of the Minister’s exempt staff cannot be named in the delegation and do not have any powers or duties to intervene in matters of ATIP.

Background

OIC Systemic investigation

• On February 26, 2020, the OIC initiated a systemic investigation into IRCC’s processing of ATIP requests for client immigration files, to understand the cause of an increase in the number of delay and time extension complaints related to IRCC Access to Information Act requests.
• On May 25, the Office of the Information Commissioner of Canada tabled its report, Access at Issue: Challenging the Status Quo. 
• The OIC has recommended that IRCC implement the following five recommendations:
  • Revise our approach in seeking extensions on bulk requestors;
  • Develop a work plan for measures underway;
  • Publish the work plan;
  • Implement a plan to share more information with clients; and
  • Secure short-term funding for additional resources.
• IRCC is committed to implementing the OIC’s recommendations, the achievement of which will strengthen IRCC’s Access to Information Program and guide the Department toward becoming a more open and accessible government institution.

Allegations of interference

• On May 22, 2021, a Global News article was released that alleged illegal access to information interference by a previous Trudeau Cabinet minister. 
• It is important to note that the identity of the requester was never compromised by IRCC. 
• IRCC takes its responsibilities and obligations under the Access to Information Act and Privacy Act seriously and we adhere to access to information and privacy policy, guidelines and directives.

Key Facts:

Percentage ATIP growth since 2014-2015

Daily Average of requests received per week this Fiscal year to date