The next mandatory internal government review of the statute, by the Treasury Board Secretariat, is due to start by June 21, 2025, to be followed by a report from the government to Parliament.
However, eight organizations and 10 individuals signed an open letter to Prime Minister Mark Carney June 9, 2025, urging the Liberal leader to walk his election campaign talk that an “an objective review” of the federal Access to Information Act (ATIA) “would serve Canadians well.”
“We salute that sentiment and note, given that it is subject to the Act, that Treasury Board of Canada Secretariat cannot deliver such an objective review,” say the signatories, which include B’nai Brith Canada, the Centre for Free Expression, the Centre for Law and Democracy, Ecology Action Centre, the Ontario Council of Hospital Unions/CUPE, OpenMedia, Tech Reset Canada and World Press Freedom.
“We are calling for the upcoming review to be conducted in a fundamentally different manner, namely under the guidance of an independent panel with a broad mandate to consider all reform needs and with sufficient resources to conduct robust consultations with Canadian stakeholders,” says the letter addressed to Carney and Treasury Board president Shafqat Ali.
“Anything less than such an independent, comprehensive, consultative review would not only represent a waste of valuable public resources, but it would inevitably further erode public trust in the ATIA system.”
The advocates calling for substantive reforms note that Canada’s Global Right to Information Rating ranks the country 53 out of 140 countries globally that have access to information laws, “a dismal standing for a respected democracy like Canada.”
“The ATIA was designed to ensure government transparency and accountability, but it is now recognised by all independent stakeholders no longer to be fit for purpose,” the letter’s signatories said.
“The transparency which the ATIA should deliver is, among other things, undermined by its limited scope, excessive delays, an unreasonably broad regime of exceptions, and bureaucratic resistance.”
The advocates also call on the minority Liberal government to amend the ATIA law, and change government practice, “in line with the broad thrust” of such an independent panel’s recommendations “to ensure that the ATIA actually delivers on its promise of transparency.”
The transparency advocates also point out that “time after time, Canadian governments have committed to introducing serious reforms on access to information while ending up only making minor changes. That should not happen again,” they advised.
The writers, who include law professors, historians and journalists, also propose draft terms of reference for an independent review that address “the core principles” that they think the review should cover.
Caroline Maynard, Information Commissioner of Canada
“I can assure you that your concerns are shared by me, and many others,” Maynard wrote May 13, 2025. “Since I took on the role of Information Commissioner in 2018, I have observed a steady decline in the access to information system, to the point where it no longer serves its intended purpose. By focusing too heavily on what the law permits them to redact, institutions have lost sight of the law’s core purpose — to enable access to information that can and should be disclosed.”
Maynard urged, “the time for action has come. At this critical moment in the history of our country, Canadians must have confidence in their government. Therefore, I call upon your government to adopt a transparency-by-default ethos [i.e., transparency must be the norm] and approach to governance, as advocated by me and fellow provincial and territorial information commissioners and ombuds, coupled with a commitment to providing Canadians with the information they are entitled to in a timely manner. Both could go a long way toward securing the trust of Canadians while helping combat misinformation and disinformation.”
Maynard’s latest annual report, tabled in Parliament last June, indicated that the commissioner had participated in more litigation in 2023-2024. She said this growing trend was fuelled by the then-Justin Trudeau-led Liberal government’s court challenges and flouting of her legally binding orders.
Maynard said the Trudeau Liberals’ 2015 election promise to “make government information more accessible” remained unfulfilled after their nine years in government.
(Carney succeeded Trudeau as Liberal leader and prime minister on March 9, 2025, and was elected to govern on April 28, 2025.)
Maynard’s 2023-2024 annual report highlighted government foot-dragging with respect to making long-awaited necessary reforms to modernize the Access to Information Act, as well as “the increasing volume of litigation resulting from institutions ignoring or challenging my orders,” and thereby “breaking the law.”
“After investigating more than 30,000 complaints, I am reminded every day of the ways in which the Act and the system it supports continue to fail Canadians,” Maynard wrote.
There was little progress towards making government information more accessible to the public, notwithstanding the Trudeau government’s Access to Information Modernization Action Plan — part of a two-pronged “Trust and Transparency Strategy,” which also included a “National Action Plan on Open Government” — that the federal government unveiled May 29, 2024.
“I do not see how the ATI Action Plan, which you described as ‘a way forward to improve the administration of the current legislative framework from 2023 to 2026’ will be able to achieve this outcome,” Maynard wrote. “I find that the ATI Action Plan lacks concrete commitments with measurable outcomes. In addition, I see a fair number of recycled ideas and initiatives from the government’s 2022 Access to Information Review Report, but with less ambitious target dates,” she observed. “Given the lack of measurable objectives, I must remain skeptical of both the overall Strategy and the ATI Action Plan.”
Notwithstanding the government’s plan to start its legislative review in 2025, Maynard argued in her 2023-2024 annual report that there should not be further delay in making needed substantive changes.
“My view remains that changes to the Act are required now so Canadians can benefit from an access system that meets the needs of the 21st century,” Maynard wrote. “Without legislative changes, I have little confidence that the desired outcome of greater transparency and more records being released to Canadians will be achieved.”
The individuals who signed the June 9, 2025, open letter to Carney calling for an independent review of the federal access-to-information regime, followed by timely and substantive legislative and operational changes, are: Duff Conacher of Democracy Watch; Dalhousie University law professor Michael Karanicolas; University of Ottawa law professor Matt Malone; University of Ottawa professor Alex Neve; University of Massachusetts public policy professor Alasdair Roberts; University of Toronto history professor Timothy Andrews Sayle, creator of Canada Declassified; Stanley Tromp, a freedom of information journalist; James Turk, director of the Centre for Free Expression; journalist Bruce Wark; and Digital Public partner Bianca Wylie.
CORRECTION: This story has been updated to correct the spelling of the surname of Timothy Andrews Sayle. We apologize for the error.
If you have any information, story ideas or news tips for Law360 Canada, please contact Cristin Schmitz at cristin.schmitz@lexisnexis.ca or call 613-820-2794.