Canada’s information watchdog says the federal government is exploiting the Access to Information Act to keep records from the public, citing rising non-compliance, aggressive use of carve-outs, and tactics that buy time rather than deliver answers.
In testimony to MPs on Sept. 15, Information Commissioner Caroline Maynard described a system that too often frustrates requesters seeking to track spending, contracts, and program outcomes at the heart of public accountability.
She told the House of Commons ethics committee that going to court to force departments to obey her orders is so slow and costly that it “can certainly be seen as a tactic to buy time.”
Maynard added that one of the biggest blind spots is “cabinet confidences.” Her office cannot independently review records the government labels as cabinet material, which means agencies can block release without external verification.
“At this time, my office doesn’t review cabinet confidences,” she said, underscoring a gap that leaves requesters with little recourse when entire files are withheld behind that shield.
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The commissioner’s latest annual report paints a system under strain.
Nearly 30 percent of access requests in 2023 to 2024 missed the law’s deadlines, and the overall backlog remains elevated even as institutions closed more files than they received for the first time since 2018 to 2019.
The report also notes that departments have asked 76 times to dismiss requests as vexatious or made in bad faith, a power introduced in recent reforms; Maynard granted only 13, suggesting some institutions are testing the boundaries of that tool.
One reason the cabinet-confidence hole matters now is a 2024 Supreme Court decision that strengthened deference to government claims over cabinet secrecy.
In a case concerning Ontario mandate letters, the court affirmed that confidentiality protections prevail when disclosure would reveal cabinet deliberations.
That legal backdrop gives Ottawa even more latitude to stamp “cabinet” on sensitive records, a move that Maynard’s office cannot audit and has fueled criticism that the government is abusing access to information law to avoid transparency.
The commissioner has been pressing for fixes, In the same Sept. 15 hearing, she described a pattern of departments ignoring or slow-walking her binding orders unless and until litigation looms.
She also urged lawmakers to expand the law’s coverage to ministers’ offices and private contractors delivering public services, and to give her office the authority to examine cabinet-confidence claims.
MPs heard that more than 200,000 access requests are filed each year, underscoring the scope of the system and the stakes for public oversight.
The Treasury Board has signaled a comprehensive review of the Access to Information framework.
Maynard’s annual report welcomes that step but warns that gestures and pilot projects will not fix entrenched problems, from outdated information management to a culture resistant to disclosure.
She calls for statutory changes that put transparency obligations on a firmer footing, better funding for enforcement, and clearer limits around blanket exemptions.
