New regulations will now require Canadians who want to access public records to show “adequate identification” as defined by the federal government.
Amendments to the Access to Information Act came into effect on July 5, enacted by Treasury Board President Mona Fortier.
Federal departments and agencies will now determine what is approved identification for Canadians requesting public records. The Treasury Board said the changes stemmed from a need to ensure the requestor has the “right to do so.”
“The government institution must request additional information from the person in order to confirm their right of access,” the Treasury Board wrote in a legal notice, according to Blacklock’s Reporter on July 6.
“No consultations were deemed to be necessary,” the Treasury Board said in an earlier Regulatory Impact Analysis Statement.
The department said workers “need to ensure an individual making a request under the Act has the right to do so. This includes ensuring the requester is a Canadian citizen, a permanent resident or a person present in Canada.”
The department noted concerns were raised by some media over what additional delays would be incurred through the new rules.
“Some media outlets reported on the proposed regulations raising concerns of potential delays that could result from the implementation of the identify verification requirements by Access To Information practitioners,” said the Treasury Board.
“The Treasury Board noted the reporting but since the regulations align with current practices they are not intended nor expected to impact current processing times.”
A directive was issued to public service executives on July 13, 2022, instructing staff “to confirm the requester is a Canadian citizen,” and require a copy of a birth certificate, passport, citizenship certificate, or other identification.
In December 2022, the Commons Access to Information committee heard testimony about the long delays in accessing records.
“Turnaround times are terrible and getting worse,” stated Dean Beeby, a retired Canadian Press reporter. He said federal departments and agencies “realize they face much bigger blowback from releasing information than from withholding.”
Ontario Conservative MP Michael Barrett was asked what the longest time frame an Access to Information Request had been outstanding. Mr. Beeby replied, “It would be in the order of 10 years.”
During testimony on April 19, Ms. Fortier acknowledged the release of public records was fundamental to democracy but said she had no firsthand experience with filing a request.
“Public access to government information is central to democracy,” said Ms. Fortier. “As President of the Treasury Board I am responsible for overseeing the application of the Access To Information Act.”
Alberta Conservative MP Damien Kurkey asked Ms. Fortier, “Have you ever filed an Access to Information request?” Ms. Fortier replied, “No.”
