Institution files: nla EBETDETELA. that are related to communications and media relations restrict or prohibit

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1 Commissire à l'informtion du Cnd lnformtion Commissioner of Cnd Gtineu, Cnd K1A 1H3 EBETDETELA FEs 2I 2018 Mr. Clvin Sndborn Legl Director, Environmentl Lw Centre University of Victori P.O. Box 1700 STN CSC Victori BC V8W 2Y2 Subject: Our files: , 32L2-OI587,32I2-O1588, 32r2-O1589, 32r2-O1590, , nd 32r2-O1592 Institution files: nl Der Mr. Sndborn: i m writing to report to you the results of our investigtion of your complint, mde undei the Acces s to InforrntionAct (the Act), ginst the Cndin Food Inspection Agency (CFIA), the Deprtment of Ntionl Defence (DND), Environment u.r d Clirn"te bhnge Cnd (ECCC), the Fisheries nd Ocens Cnd (DFO), Nturl Resources Cnd (NRCn), nd the Ntionl Reserch Council of Cnd (NRc). Bckground On Febru ry 20,2073, you complined tht tht government policies nd policy instruments, including deprtmentl policies, protocols, guidelines nd directives, tht re relted to communictions nd medi reltions restrict or prohibit government scientists from speking with or shring reserch with the medi.nd ihe Cndin public, nd re impeding the right of ccess to informtion under the Access to Informtion Act (the Act)' On Mrch 27,2013, the Informtion Commissioner commenced systemic investigtion pursunt to prgrph 30(1)(f) of the Act. Respect lntégrité lntegrrty Ledership

2 PROTECTED A Pge 2 Although the Tresury Bord Secretrit (TBS) ws not nmed in the complints, it ws incorported into the investigtion from the outset given its role in overseeing both the Communictions Poticy of the Government of Cnd nd the dministrtion of the federl ccess to informtion regime. Investigtion Comnlint einst DND Regrding DND specificlly, your complint stted tht members of the Cndin Forces (CF) nd officers nd employees of DND hd been informed or instructed tht, pursunt to Cndin Forces Generl (CANFORGEN) Order (entitled "Clssifiction, Designtion, Sfegurding, Access to nd Relese of Informtion"), ll documents under DND's control should be exmined for sensitivity not only to the ntionl interest, but lso to DND's orgniztion, dministrtion, finnces, other internl functions, reltionships to other orgniztions, or other government business opertions. Your complint lso lleged tht this directive ws given "with n eye to keeping [documents] hidden." Given tht this office hs previously conducted seprte self-initited investigtion in respect of n lmost identicl complint nd determined tl.t it ws not well-founded, DND ws not included in the bove noted systemic investigtion. The previous investigtion hd determined tht the CANFORGEN in question did not inform, instruct, or influence employees of DND not to disclose informtion under the Act. Rther, it discussed clssifiction of records, which does not impct ccess to those records under the Act. Svstemic investistion In conducting this systemic investigtion, we evluted your llegtions regrding tl:ie Communictions Poticg of the Gouernment of Cnd (Communictions Policy), s well s the deprtmentl medi reltions policies operting in ech of the subject institutions, in order to ssess the possible impcts these policies my be hving on public ccess to scientific informtion. In prticulr, we ssessed how these policies operted in prctice nd whether, in their ppiiction, they were impeding ccess to informtion rights under the ATIA. In evluting possible impcts, we looked t whether the ppliction of these policies ws contributing to n increse in the number of ccess to informtion requests s mens of obtining sought fter informtion.

3 PROTECTED A Pge 3 We lso considered the following sources of informtion gthered in the context of this systemic investigtion: cse studies set out in the complint nd independently verified by the OIC; dditionl cse studies obtined by the OIC regrding the opertion of these policies in specific situtions in the subject institutions; interviews conducted by the OIC with journlists, government scientists, communictions officils, directors generl of science brnches, experts in the field, ld individuls who formerly worked with the subject institutions;. medi processing files provided to the OIC;. responses the subject institutions provided to questionnire dministered by the OIC; nd. representtions received from TBS nd the subject institutions during the investigtion, including recent inititives tken by the current government, outside of the investigtion period' On the bsis of these sources of informtion, I mde the following findings: 1. As written, the lnguge of the Communictions Policy hs not been significntly chnged'during the time period under investigtion nd is consistent with ccess to informtion vlues nd principles. 2. As written, the lnguge of the vrious deprtmentl medi reltions policies reviewed s prt of the OIC's investigtion is lso consistent with ccess to informtion vlues nd principles. 3. In prctice, the Communictions Policy nd the deprtmentl medi reltions policies were not being pplied by the subject institutions during the time period under investigtion in keeping with the stted objective of responding to the informtion needs of the public' 4. As pplied during the time period under investigtion, the Communiction Policy nd the deprtmentl medi reltions policies re impcting upon the federl ccess to informtion regime. 5. The fer observed by the OIC on the prt of public servnt investigtion prticipnts is consistent with the "chill" documented in the survey of òver 4,OOO federl government scientists conducted by the Professionl Institute of the Public Service of Cnd nd reviewed by the OIC s prt of this investigtion.

4 PROTECTED A Pge 4 6. The pplicãtion of the Communictions Policy nd the deprtmentl medi reitions policies during the time period under investigtion is not consistent with the Government of Cnd's forml commitments to foster nd promote Open Government. Recommendtions Since the current government hs ssumed office, it hs initited some mesures tht re intended to ensure tht scientifîc informtion is disseminted to the public nd tht scientists in the federl public service re ble to publicly discuss their reserch. In doing so, these inititives cn serve to promote greter trnsprency nd openness by incresing the likelihood tht members of the public cn obtin timely ccess to complete, ccurte nd expert informtion on n informl bsis (i.e., without hving to resort to mking forml ccess request under the Act)' Nonetheless, on September 18, 2017, I mde the following four recommendtions to further enhnce the government's response to the cencerns rised by the subject mtter of this systemic investigtion to the President of the Tresury Bord: Recommendtion 7 The gouernment should. ensure tht the Chief Science Ad.uisor is ind.epend.ent from the executiue ønd confer on this position the mndøte to ensure tht gouelrlment science is fully uil.ble to the public nd tht gouernment scienúists re ble to spekfreelg bout their utork. Recommendtion 2 Gouerrtment institutions should be required to collect dt relted to the relese of scientific informtion to the public, including in response to requests bg members of the medi. Recommendtion 3 The Access to Informtion Act should be mended to require heds of gouernment instihttions to møke proctiue public interest disclosure in reltion to informtion thøt could ffect public sfetg, public helth or enuironmentl protection. Recommendtion 4 In order to protect nd suþport the right of public serunts to spek publicly bout their subject-mtter expertise uithout fer of reprisl, TBS should:. prouide trining to public serunts on their rights nd obligtions in publictg communicting s cience -relted informtion;

5 EBETEIETEDJ\ Pge 5 identify best prctices with respect to the disclosure of scientific informtion; identifg nd correct ng uteknesses in the protections nd supports prouided to public serunts in exercising these rights; nd eulute public serunts' confidence in their bility to spek publiclg bout their subj ect-mtter exp ertis e. By letter dted October 3, 2OI7, tlne President of the Tresury Bord cknowledged receipt of these recommendtions nd indicted tht detiled response to the individul recommendtions could be forthcoming' By letter dted, October 24,2OI7,line President of the Tresury Bord responded more fully to the recommendtions. The letter outlined steps tken by this government towrd mking federl science more ccessible to the public nd in empowering federl scientists to spek freely bout their work. However, the letter included no firm commitments to implement my recommendtions. The result of this investigtion will be reported on in more detil in the coming nnul report. Conclusion Bsed on the bove, I m recording the complint ginst DND s not well founded nd. the remining complints ginst the subject institutions nd TBS s well founded. sincerely S t^t, tion sioner of Cnd Enclosed c.c Yprk Bltcioflu, Secretry of the Tresury Bord of Cnd Pul Glover, President, Cndin Food Inspection Agency Jody Thoms, Deputy Minister, Ntionl Defence Stephen Lucs, Deputy Minister, Environment nd Climte Chnge Cnd ctherine Blewett, Deputy Minister, Fisheries nd ocens cnd Christyne Trembly, Deputy Minister, Nturl Resources Cnd Iin Stewrt, President, Ntionl Reserch Council of Cnd