Strengthening the Access to Information Act
A Discussion of Ideas Intrinsic to the Reform of the Access to Information Act
Annex 1 – A consideration of costs
A cost study conducted in 1994, and a second in 1999 by Consulting and Audit
Canada found that the direct annual cost of the Access to Information Act throughout
government was less than $50 million. The Information Commissioner believed
the figure to be inflated, while many other people in the public service firmly
believed that costs were under-reported. These studies remain, however, the
best objective evidence available.
The Information Commissioner's recommendations included some legislative proposals
with little or no cost implications, while others would require significant
resources to implement. The following is a rough estimate of the magnitude of
costs associated with some of those proposed amendments to the Access to
Information Act.
Adding institutions
$40 to $45 million annually
The estimate is based on an addition of 10 institutions considered to be large,
50 new institutions in the medium range, and potentially hundreds of small institutions,
given that there is no definitive list of institutions which satisfy the proposed
criteria.
The estimate takes into account training, advice and support activities of
the Treasury Board Secretariat and the Department of Justice, the complaint
and review processes of the Information and Privacy Commissioners' offices and
the Federal Court, and the resources new institutions would require to set-up
and operate Access to Information and Privacy (ATIP) offices; as well as the
impact on the Library and Archives of Canada (LAC) to provide information management
advice to new institutions, develop and issue disposition authorities and identify
and preserve records of those new institutions that are of archival value.
Public Register
more than $60 million annually
In accordance with the Official Languages Act information made available
to the public by the federal government must be in both official languages.
Estimates of translation costs are based on the volume of requests received
over the last five years. While many requests consist of only a few records,
many include hundreds or thousands of different documents. An average of 100
documents per request has assumed. Resources will also be required to develop,
populate and maintain the register.
Universal access
$5 million annually
Costs have been based on the increase in workload for institutions such as
Citizenship and Immigration Canada and Foreign Affairs Canada, as well potential
increase in complaints received by the Information and Privacy Commissioner's
offices.
Annex 1 (cont.)
Duty to document
$7 million annually
Resources would be required to develop, implement and monitor the directives
and guidelines required to support this initiative. Additional resources would
be required by the Information Commissioner to review related complaints, as
well as by the RCMP to investigate allegations of criminal misbehaviour tied
to the proposed sanction.
Time limit for investigations
$4 million annually
The Information Commissioner proposes a legislated time limit for investigations,
resulting in pressure on the Information Commissioner's office and institutions
alike to meet the new deadlines. Additional resources would be required by both
groups.
Other proposals
$5 million annually
The Commissioner proposes numerous other changes in a variety of areas, such
as public awareness, increased training and monitoring, significantly revised
exemptions and new grounds for complaints. Government institutions, the Information
Commissioner's and Privacy Commissioner's offices, Treasury Board Secretariat
and the Department of Justice would all require some additional resources to
ensure understanding, develop supporting processes, and deliver on the expected
improvements.
Total Estimate:
more than $120 million annually
(When added to the current base cost of $50 million, this would more than
triple the cost of the access to information program.)
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