Pandemic pretext: More delays in long-awaited access to information answers

ATIP is far too often late and, as the examples below indicate, sometimes very late, in responding, with COVID-19 providing further excuses for delay:

Federal departments that have stalled access to information requests for three years or more are now citing the pandemic as the reason for further delays.

Emails are going out to people who make access to information requests, notifying them the requests are now “on hold.”

“We cannot send consultations out because most third parties, other government departments (municipal, provincial, territorial and federal) are closed or reduced to minimum employee capacity,” the department now says.

“So until we are given the green light to start processing consultations again, we won’t be able to process any of the records for your request. But in the meantime, we would like to know if you still wish to proceed with your request or if you wish to abandon.”

Rubin says Health Canada owes him answers to about a dozen requests dating back for years — one from 2014 about adverse pharmaceutical reactions including some deaths, one on drug licensing from 2015, others from 2016 and 2017. They now warn him of “possible delays in treating your request,” due to the pandemic.

“Openness, transparency and accountability are guiding principles of the Government of Canada. However, our ability to respond to requests within the timelines mandated by the Access to Information Act and the Privacy Act may be affected” by the pandemic, the department says.

The Finance Department wrote him using the the exact same words.

National Defence says it has reduced staff in the access office and hasn’t enough secure lines to handle his requests remotely. They asked for Rubin’s consent to put the request on hold. Rubin said no.

“You have to push back,” he said. “A lot of people don’t consider this a human right. But it’s not just administrative.”

Public Service and Procurement Canada (PSPC) has several aging Rubin files, and he hadn’t heard about them either, until this month’s message that “PSPC’s network is currently limited to essential and critical services such as pay, pension and procurement. While we are committed to respecting your right of access and are actively looking for solutions to maintain operations, we have little to no capacity at this time.”

One department told him: “despite all our efforts, we will not be able to respond to your ATIP request within the legislated timelines.” The legislated timeline ended years ago.

“Our access to information legislation is so flawed that it’s possible for access to information requests to be delayed and delayed and delayed, which turns the whole purpose of the legislation into a joke,” said James Turk, director of the Centre for Free Expression at Ryerson University.

“The fact that people who haven’t heard for a year or two years are now getting a notice that it’s been delayed because of COVID reveals how badly flawed” it is.

“I like Ken’s remark that oh, it’s good to hear from you.”

He also noted that the lockdown shows the unevenness of government services, as some are cut off from paper documents while others shift to digital documents.

This newspaper asked Environment Canada more than a year ago for internal emails involved in sending out a single news release on climate change. This month, after our request passed its first anniversary, we asked how long it would take.
The answer: They were just about to send us the information, and then the lockdown hit.
The department promises a speedy answer once its office reopens.

Source: Pandemic pretext: More delays in long-awaited access to information answers

About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

2 Responses to Pandemic pretext: More delays in long-awaited access to information answers

  1. gcmsnotes says:

    Recently got this message from IRCC’s ATIP division

    Due to Coronavirus disease (COVID-19)…

    I wish to inform you that, in accordance with the Access To Information Act, an extension of 365 days beyond the statutory 30 day limit is necessary to process your request.Unbelievable! Another pre-text for delays!

  2. caipsnotes says:

    Recently got this message from IRCC’s ATIP division

    Due to Coronavirus disease (COVID-19)…

    I wish to inform you that, in accordance with the Access To Information Act, an extension of 365 days beyond the statutory 30 day limit is necessary to process your request.Unbelievable! Another pre-text for delays!

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