Alberta OIPC calls for overhaul of proposed access to information laws

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Alberta’s privacy commissioner is calling on the government to overhaul its recently introduced access to information legislation, saying she had identified “a number of concerns” as the bill works its way through the legislature.

In a Wednesday news release, information and privacy commissioner Diane McLeod said she is “strongly recommending improvements” to Bill 34 — the Access to Information Act — that was introduced by Service Alberta Minister Dale Nally two weeks ago.

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“Bill 34 … should be re-considered and amended in order to ensure a well-functioning access to information system continues to operate in the province,” she stated.

The legislation seeks to repeal the Freedom of Information and Protection of Privacy (FOIP) Act as well as introduce a number of changes around access to information rules.

Those include exempting communications between political staff and ministers from requests but does not define who political staff are, with that expected to come in regulations to be introduced in the spring after the bill is expected to pass.

Other changes include lengthening the process of accessing information by changing the current timeframe of 30 calendar days to 30 business days.

It also lengthens the appeal process to the office of the information and privacy commissioner (OIPC) by requiring the person filing the complaint to first complain to the public body they are seeking records from, rather than appealing directly to the commissioner, thereby potentially extending the complaint process by more than a month.

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McLeod said her office was consulted on the bill but that she did not see the legislation until it was tabled.

In a 13-page letter to Nally, she noted the legislation “creates some of the broadest exceptions to executive level government transparency, as compared to similar Canadian or international legislation.”

She also took issue with proposed exemptions that she notes could include, “virtually all communication between political staff and executive council (cabinet) members.”

“Correspondence amongst ministers and amongst MLAs are fundamental to governance and accountability and should be … subject to Albertans’ right to access.”

Other problems she highlighted with the legislation include new authority that gives the heads of public bodies the authority to disregard access requests, whereas that power currently lies with her under two conditions, which the bill proposes expanding to five.

She also noted new authority for public bodies to extend response timelines as well as the elimination of her position’s power to compel the release of records in some cases.

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The bill is currently in second reading, and Nally has defended it as being a necessary update to a two-decade-old set of laws. He told reporters inside the legislature Wednesday that he is reviewing the McLeod’s feedback.

“It’s the OIPC’s job to provide feedback and we welcome that feedback as a gift,” he said.

“We are always receptive to looking at thoughtful amendments.”

Opposition justice critic Irfan Sabir said McLeod’s feedback demonstrates why the bill needs to be changed and rejected Nally’s argument it was about modernizing access to information.

“We don’t buy it,” he said. “The office of the information and privacy commissioner is not buying it, and Albertans shouldn’t buy it.”

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