OIC Report On RCMP - 20201117

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ACCESS AT ISSUE:

The need for leadership


Systemic investigation of the RCMP

Special Report to Parliament from the


Information Commissioner of Canada
November 17, 2020
introduction

I initiated an investigation into systemic issues in the Royal Canadian Mounted Police’s
(RCMP) ability to provide timely access to information given my growing concern about:

• C
 omplaints to the Office of the Information Commissioner (OIC) that indicated that the
RCMP is persistently unable to meet statutory timeframes under the Access to Information
Act for responding to access requests.

• The consistent failure of the RCMP to provide representations to the OIC during delay
complaint investigations.

This report is tabled in Parliament several months into a global pandemic that has profoundly
impacted the right of access – not just in Canada – but around the world. I would like to
stress that the situation at the RCMP is critical and may soon be past the point of no return,
unless senior leaders within the organization take action immediately. It is vital that the
Minister of Public Safety and Emergency Preparedness, who has responsibility for the RCMP,
ensures that the necessary resources, processes and tools are in place so the RCMP can
“Change is needed now. start meeting its obligations under the Act.
Access officials must have
The RCMP asserts it has implemented many strategies to improve response times under the
the resources and tools they Act. However, my investigation revealed that the strategies implemented to date have failed
need to respond efficiently to improve the RCMP’s performance. I believe that the RCMP will continue to fail in effectively
managing access requests if leaders do not do more to improve the internal culture, along
and effectively to access with the current processes and access to information program infrastructure.
requests. The culture of
I must also report that I was disappointed by the RCMP’s lack of responsiveness during this
secrecy must end. The right investigation. I received no communication that would convince me that the RCMP is truly
of access must be upheld.” ready to address these problems.

The following presents a synopsis of the issues and recommendations made at the
Caroline Maynard, conclusion of the investigation. A copy of the findings and the 15 recommendations I made to
Information Commissioner the Minister of Public Safety, as well as his response, are included as appendices. The final
July 10, 2020 report of this systemic investigation is found here.

2 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
Ultimately, this special report illustrates the disappointing facts associated with the review of
the RCMP’s access to information program, facts which support my contention that there is
an urgent requirement to address six problem areas. There is clear evidence that the RCMP’s
inability to meet statutory timeframes under the Act is the norm, not the exception.

On more than one occasion, in recent months, I have signaled that the Government of Canada
must develop a new vision for the access system, which otherwise is in danger of collapse.
Modernization must centre on innovation, new technology, and adequately resourced and
equipped access units across government. There is no need to wait for legislative review to
address deficiencies that are operational in nature. Leaders within government institutions
must address the fact that they have not taken all appropriate measures to ensure that they
properly uphold access rights, as required by the law as it currently stands. They are letting
Canadians down.

The RCMP Commissioner and the Minister both appear to accept the status quo and are only “I often say that leadership is
prepared to commit to minimal improvements without a clear plan of action or timelines. In the key to ensuring the access
current context, this is simply insufficient.
to information regime is
Canadians rightfully expect that the police force for Canada, in charge of enforcing Canadian open and transparent.
law, will itself comply with it. The gravity of the situation at the RCMP calls for bold and
comprehensive action to turn the tide. Strong leaders within the
public service are essential
I want Canadians to know that I will continue in my efforts to pursue meaningful change
across the federal access system through various means. These include investigations to implementing the
of other government institutions with a view to encouraging compliance and operational measures required to live up
improvements, and using the order-making powers granted to me in the June 2019
amendments to the Act. to these principles.”

– Statement by the
Information Commissioner on
Caroline Maynard International Right to Know Day
Information Commissioner of Canada

3 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
the rcmp systemic investigation
The RCMP is a large and complex organization of more than 20,000 police officers and nearly
10,000 civilian employees in over 700 detachments in 150 communities across Canada. It also
provides policing services in more than 600 Indigenous communities. Interest in its activities is
significant and historically it has received a high volume of access to information requests.
ACCESS REQUESTS
completed in under 30 days: The OIC reviewed statistical evidence about requests and complaints, and interviewed
members of the RCMP Access to Information and Privacy (ATIP) Branch in order to
2016-2017 2018-2019 understand how the flow of access requests is normally managed. Training materials available

2,249 1,101 to staff were also assessed.

The OIC sent its letter of notice to the RCMP about initiating an investigation into its access
Percentage decrease: to information operations on January 21, 2019. In February 2019, the RCMP confirmed that it
had 4,532 active access to information requests of which 4,179 (92 percent) were beyond the
â -51% statutory due date to respond.

Table 1 (see page 5) from the RCMP’s own report to Parliament about its access to information
activities shows that, despite its efforts, it takes the RCMP significantly more time to respond
to access requests now when compared to the performance reported three years ago. The
report indicates that the RCMP completed 55 percent fewer access requests in less than
30 days in 2018-2019 when compared to its performance two years before.

4 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
the rcmp systemic investigation

Table 1: Completion time for access requests, 2016–2017 to 2018–2019 – Annual


Report to Parliament 2018-2019 on the Access to Information Act and the Privacy Act

Percentage
increase/
2016–2017 2017–2018 2018–2019 decrease
(2016-2017 to
2018-2019)

1 to 15 days 1,017 397 545 -46%

16 to 30 days 1,232 493 556 -55%

31 to 60 days 775 516 633 -18%

61 to 120 days 481 650 522 9%

121 to 180 days 142 341 273 92%

181 to 365 days 148 389 942 536% “This is clear evidence that
More than 365 days 63 181 705 1,019% the RCMP’s inability to meet
statutory timeframes under
the Act is the norm, not an
exception.”

– Information Commissioner
to Minister of Public Safety

5 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
the rcmp systemic investigation

Table 2 shows the number of requests the RCMP carried over from one fiscal year to the next
grew from 224 at the end of 2015-2016, to 3,688 outstanding requests by the end of 2018-
2019. This increase is despite an overall drop in the number of requests received. Between
2016-2017 and 2018-2019, the number of requests that remained unanswered in 365 days
rose by over 1,000 percent.
ACCESS REQUESTS
carried over to the next year: Table 2: Access to information caseload, 2016–2017 to 2018–2019 – Annual Report to
Parliament 2018-2019 on the Access to Information Act and the Privacy Act
2015-2016 2018-2019

224 3,688 2016–2017 2017–2018 2018–2019

Outstanding requests from


224 1,192 3,428
previous year

Requests received 4,826 5,203 4,436

Requests closed 3,858 2,967 4,176

Deemed refusals 1,336 2,047 2,979

Requests carried over to next year 1,192 3,428 3,688

6 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
information
commissioner’s
recommendations
This review identified six issues of concern that have an impact on the RCMP’s ability
to respond to access requests in a timely manner.

Tasking
1 4 Electronic Systems

Procedures 2 5 Insufficient Resources

Training 3 6 Comprehensive strategy to meet access


obligations and reduce the backlog

The RCMP and the Minister did not disagree with the
Commissioner’s focus on these six issues and have asserted
that the strategies implemented have been effective at
improving timelines. This assertion is not supported by the
evidence obtained through the OIC’s investigation.

six issues

8 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
information commissioner’s recommendations

1. TASKING – The trigger for Offices of Primary Interest to search for and produce records
related to an access request.

The first step for all government institutions responding to an access – Require OPIs to develop and provide an evergreen reference
to information request is to “task” or assign certain officials within the document to the ATIP Intake Unit, in a consistent format, that
organization with finding the relevant documents that will constitute explains their programs, mandate and information holdings,
the official response. This tasking procedure is a critical step that and the electronic and/or paper information management
begins with the in-house ATIP Office. It requires knowledge of the systems they use
organization and an ability to identify the Office of Primary Interest • Identify best practices for tasking and share them with the ATIP
(OPI) – and there may be more than one – most likely to hold those Intake Unit regularly
documents.

At the RCMP, poor task assignment has led to many requests being Response from the Minister of Public Safety and
bounced around from one OPI to another, sometimes producing a Emergency Preparedness
NIL response (i.e. “we have no records”). When a requester suspects The RCMP’s ATIP Branch will review and update their current OPI
that additional records exist, they may complain to the OIC. In one template to expand the reference to knowledge, roles and OPI
instance, a requester sought records related to a high-profile shooting responsibilities, which will facilitate tasking to the proper location in
in Nova Scotia for which the RCMP had been given jurisdiction to the first instance.
investigate. The RCMP responded that it had no relevant records
even though it was obvious that such a response made no sense. There are plans to prepare a checklist for OPIs, as well. However,
The requester complained and ultimately, thousands of responsive the RCMP did not commit to ensuring that search parameters be
records were identified, but only after the OIC started investigating. documented when an OPI replies with a NIL response.

This investigation found that the RCMP’s tasking processes are Despite the OIC’s findings, the Minister did not commit the
generally ineffective and inadequate and, in turn, do not ensure RCMP to ensuring that search parameters be documented
accurate responses to requests. when an OPI replies with a NIL response. Nor did he commit
the RCMP to implementing a process that will ensure its
Commissioner’s Recommendations tasking processes remain evergreen.
• Review tasking processes to identify what impedes the
The Minister’s response on tasking is not satisfactory, as
processing of records and delays in responding to requests
it does not address two out of three recommendations.
• Implement measures to reduce or eliminate these problems Improvements generated by the revision of templates and
(e.g., facilitate the ATIP Intake Unit’s ability to identify the implementation of a checklist are unlikely to be sustained
relevant and correct OPIs when tasking): over time, given there is no commitment to ongoing
– Require OPIs returning NIL responses to provide details process review.
about the search they conducted

9 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
information commissioner’s recommendations

2. PROCEDURES – Documented, consistent and auditable procedures


are more likely to produce reliable results in a timely manner.

When institutions receive access requests, they must process all responsive records under their
control, regardless of format, and apply necessary and limited severances to that information,
as permitted by the Act. Documented, consistent and auditable procedures are more likely to
produce reliable, timely results.

Government institutions that manage access requests in a timely and efficient manner have clear
protocols that delineate each step in their internal process. And they regularly check back to see
“…an institution must, that those processes are working.
within the 30-day period
The OIC investigation found that the RCMP does have Standard Operating Procedures (SOPs)
or an extended period, related to processing and responding to access requests, which can be found in training
register the request, task materials, checklists and email communications. Unfortunately, we found no evidence that these
SOPs are consistently applied across the organization or audited for effectiveness. As a result,
program officials with staff lack knowledge of standardized procedures (and related skills) that would contribute to the
searching and retrieving effective management of requests.

responsive records, Commissioner’s Recommendations


scan and process the • Review and keep SOPs introduced in 2017 evergreen and relevant
records, apply appropriate • Regularly share updated procedures with those across the RCMP involved in responding to
access requests
exemptions or exclusions, • Implement a process for access staff to monitor the implementation of SOPs across the RCMP
and issue a final response
Response from the Minister of Public Safety and Emergency Preparedness
to the requester.”
The RCMP committed to implementing a cyclical review process for their SOPs to ensure they
remain up to date.
– Information Commissioner
to RCMP Commissioner
The Minister did not commit the RCMP to implementing an audit capacity to ensure
that SOPs are implemented consistently across the organization and over time.

10 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
information commissioner’s recommendations

3. TRAINING
 – Employees who receive adequate training are better able to perform in their role.
Training lays the foundation for setting expectations in an organization.

Treasury Board of Canada Secretariat policies require institutions Response from the Minister of Public Safety and
to ensure employees are properly informed of their responsibilities Emergency Preparedness
under the Act and receive adequate training. The RCMP committed to providing yearly, mandatory information
sessions for Liaison Officers, developing online training modules
Training lays the foundation for setting expectations in an for employees with primary and secondary ATIP responsibilities,
organization and builds knowledge, skills and abilities to meet the and continuing to liaise with OPIs. However, the RCMP has not
standard set. Proper training ensures that employees are aware of committed to offering mandatory training to these employees.
their obligations under the Act and the standards the organization
has set for its own access to information program.
The Minister’s response is disappointing because it only
The OIC’s systemic review looked closely at the RCMP’s approach partially addresses the recommendations on training.
to training for those with some responsibility for responding to The Minister has only committed to mandatory information
access requests. While the investigation found the RCMP offered sessions rather than making a full commitment to
in-classroom and hands-on training to Intake Unit officers and mandatory training. Yet, based on the findings of the
ATIP analysts, this training was not mandatory, nor was there any investigation, only a mandatory training program for
evidence of plans to make it compulsory. ATIP staff and employees across the RCMP with primary
or secondary ATIP responsibilities is likely to produce
Commissioner’s Recommendations significant improvement. Training is what is required to
effectively inculcate the knowledge and skills needed to
• Continue
 to develop the training program for ATIP Branch staff efficiently manage requests.
and make attendance mandatory
• Hold
 more information sessions for RCMP employees across
Canada and make attendance mandatory
• Develop
 training for individuals across the RCMP with primary
and/or secondary ATIP responsibilities and make attendance
mandatory
•  ddress the specific training needs of OPIs, taking into account
A
the complexity of the organization and the regional dispersion of
employees

11 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
1 2
Register the request Task ATIP program officials to find relevant documents

3 4
Scan and process those documents Apply the exemptions and exclusions to the content
that is deemed necessary

5
Deliver a final response to the requester

overall
atip process

12 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
information commissioner’s recommendations

4. ELECTRONIC
 SYSTEMS – Canadians expect efficient, streamlined and digital services.

The RCMP is badly served by the archaic information Commissioner’s Recommendations


management systems that support its ATIP operations. Intake • 
Upgrade and integrate the digital tools and systems used to
officers need an inordinate amount of time to manually upload process access requests, keeping in mind the need to address
and import records from operational systems into redaction the geographic dispersion of RCMP units and employees
software. And there is a limit to how much data can be uploaded
• Adopt innovative and efficient digital practices to better serve
at one time. More worrisome is the fact that these systems
requesters
regularly crash, the maintenance contract for the redaction
software expired years ago, the database is not being regularly • Invest in digital skills development for staff
serviced, and the RCMP still has not identified a new system
Response from the Minister of Public Safety and
administrator. Finally, the current software is not capable of
Emergency Preparedness
gathering data and producing regular reports or analysis via an
in-house dashboard. The RCMP agrees that its current electronic systems are inadequate
and cause challenges. It has committed to upgrading digital tools and
The investigation also revealed that while the RCMP has an exploring the possibility of reducing paper-based records. The RCMP
online portal for receiving access requests it is not integrated confirmed that it has not yet joined the Treasury Board Secretariat
with its case management software. As a result, Intake officers Online Request Service.
must enter all data related to requests into the system manually,
increasing the risk of data entry errors and data integrity, and
The Minister of Public Safety has not committed the RCMP
taking time.
to implementing or adopting more innovative digital
approaches or investing in digital skills development for
The situation could hardly be worse. The RCMP’s electronic staff. The RCMP will continue to fail at making progress
systems are inadequate to support timely access to without bolstering its electronic systems and giving its staff
information, but there is little evidence of a comprehensive plan access to modern technology.
to address this situation.

13 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
information commissioner’s recommendations

5. 
INSUFFICIENT RESOURCES – Human and financial resources
must match the volume of incoming requests and longstanding
backlog of open requests.

Interviews conducted by the OIC revealed that the RCMP has insufficient human and financial
resources to meet its access request workload, which includes both the high volume of
incoming requests and a longstanding backlog of open requests.

Commissioner’s Recommendations
• S
 ecure adequate human and financial resources for the RCMP’s ATIP program/function to
allow it to meet its obligations under the Act

Response from the Minister of Public Safety and Emergency Preparedness


Improving compliance with obligations under the Act is a high priority for the RCMP and will
inform funding allocation decisions.

Despite the fact that the Government of Canada has recently provided additional
funding to the RCMP, it appears that there is still no targeted plan to channel some
of those new resources to its ATIP program.

“…the ability to access


government information
allows citizens to shine
a light on government
decision-making.”

– Statement by the
Information Commissioner on
International Right to Know Day

14 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
information commissioner’s recommendations

6. 
COMPREHENSIVE STRATEGY to meet access obligations
and reduce the backlog.
The RCMP’s failure to provide
More often than not, over the last three years, when the OIC receives a complaint against representations during delay
the RCMP it usually relates to a delay, meaning that the RCMP has not responded within the complaint investigations.
statutory timeframe.

The strategy the RCMP has put in place to improve response times involves the hiring of
The OIC’s investigation mainly
consultants. Unfortunately, the RCMP’s own access to information annual statistics (see
focussed on the RCMP’s inability to
Table 1) proves that this strategy has been ineffective.
respond to requests within statutory
timelines. However, the lack of
Commissioner’s Recommendations
representations from the RCMP is
• Implement a detailed strategy that covers each of the six areas of concern highlighted in also an issue. Clearly, the RCMP,
this report like every institution, must deploy
• Adopt any other measures the RCMP determines would effectively help the RCMP meet its limited ATIP resources judiciously, in
legislated obligations and reduce its backlog of open requests order to respond to access requests,
while simultaneously dealing with
Response from the Minister of Public Safety and Emergency Preparedness the OIC when requesters choose to
The RCMP committed to hiring up to twelve consultants. avail themselves of their recourse
mechanism by way of complaint.

The RCMP still lacks a comprehensive strategy to address the persistent problems That said, as required by the Act,
identified by the OIC. Consultants are not a cure-all for the backlog that the RCMP is
the Commissioner has made it
facing. Without a better plan, the RCMP’s efforts to meet its statutory requirements
clear that she will continue to seek
will continue to fall short.
representations from government
institutions under investigation. When
they fail to respond, she will not
hesitate to conclude any investigation
and issue recommendations and
orders, when she finds the complaint is
well-founded.

15 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
conclusion
By nearly every measure, the RCMP is failing in terms of its obligation to ensure that
Canadians have access to information about its operations and decision-making. While
some of the information under its control is sensitive and may justifiably be withheld when
personal details are involved or if the matter is before the courts, my investigation found
many examples of mismanagement and lack of attention at various steps of its handling of
access requests. It would appear that the RCMP gives little or no priority to its access to
information requirements.

The RCMP’s processes and procedures must be tightened and audited, to produce
more reliable results. The entire digital infrastructure that underpins the RCMP’s access
operations is essentially an impediment to those who handle access requests. Funding,
training and staffing are significant issues. The size of the request backlog is shocking.

Most worrisome is the lack of action on the part of RCMP leadership. There is no evidence
that the solutions put forward to date to address chronic delays and poorly managed
processes really made any difference at all. None of the commitments made by the Minister
have timelines associated with them. Without a comprehensive plan of redress and clear,
targeted completion dates, following through on any of these individual action items could
be indefinitely delayed by the various pressures facing an already overwhelmed ATIP team.
The response I received from the Minister falls short on many fronts, particularly when it
comes to commitments to improve transparency and timely responses. He has ignored
most recommendations and appears unconcerned by the failings identified within the
RCMP’s ATIP operations.

This report offers suggestions about how the RCMP can begin to address the long-
“Canadians deserve bold standing issues that have hindered its ability to manage its access obligations. But it will
and decisive actions.” take leadership and commitment to improve on a track record that is sadly not up to the
standard that Canadians expect.
– Statement by the
Information Commissioner on
International Right to Know Day

16 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
ANNEXES
annex 1.1 information commissioner’s initial report

Institution: Royal Canadian Mounted Police


OIC file number: 3218-01589
Date: July 15, 2020

Information Commissioner’ s Initial Report

Institution: Royal Canadian Mounted Police


OIC file number: 3218-01589
Date : July 15, 2020 Systemic Investigation
Systemic Investigation This report, pursuant to paragraph 37(1)(a) of the Access to Information Act (Act), presents
the results of my systemic investigation into how the Royal Canadian Mounted Police (RCMP)
This report, pursuant to paragraph 37(1)(a) of the Access to Information Act (Act),
presents the results of my systemic investigation into how the Royal Canadian
Mounted Police (RCMP) carries out its duty to provide timely responses to access

carries out its duty to provide timely responses to access requests.


requests.

I initiated this systemic investigation for two main reasons. First, complaints to the
Office of the Information Commissioner (OIC) indicate that the RCMP is persistently
unable to meet statutory timeframes under the Act for responding to access
requests. Second, the RCMP consistently fails to provide representations to the OIC
during delay complaint investigations.

The OIC sent the Notice of Intention to Investigate to the RCMP on January 21,
2019. I initiated this systemic investigation for two main reasons. First, complaints to the Office of
During the course of the investigation, the OIC examined statistical evidence
relating to requests and complaints and conducted interviews with officials in the
RCMP’s Access to Information and Privacy (ATIP) Branch to better understand the
the Information Commissioner (OIC) indicate that the RCMP is persistently unable to meet
statutory timeframes under the Act for responding to access requests. Second, the RCMP
processes and guidance in place to respond to access requests. The OIC also
reviewed the training material the RCMP made available during the investigation.

consistently fails to provide representations to the OIC during delay complaint investigations.
I communicated my preliminary findings to the Commissioner of the RCMP on
February 12, 2020, and invited her to provide her position on the matters raised by
this investigation. I identified six specific issues that I believe affect the RCMP’s
ability to process access requests in a timely manner. The Commissioner of the
RCMP responded on March 10, 2020.

What follows reviews the evidence gathered and the representations I received from

The OIC sent the Notice of Intention to Investigate to the RCMP on January 21, 2019.
the RCMP during the investigation, along with findings and recommendations in
six areas that the RCMP must address in order to meet its duty to provide timely
access under the Act.

During the course of the investigation, the OIC examined statistical evidence relating to
requests and complaints and conducted interviews with officials in the RCMP’s Access to
Initial Report of the Information Information and Privacy (ATIP) Branch to better understand the processes and guidance in
Commissioner regarding the place to respond to access requests. The OIC also reviewed the training material the RCMP
Royal Canadian Mounted Police made available during the investigation.
dated July 15, 2020, that conveys
the results of the systemic I communicated my preliminary findings to the Commissioner of the RCMP on February
investigation of the department’s 12, 2020, and invited her to provide her position on the matters raised by this investigation.
I identified six specific issues that I believe affect the RCMP’s ability to process access
ATI processes.
requests in a timely manner. The Commissioner of the RCMP responded on March 10, 2020.

What follows reviews the evidence gathered and the representations I received from the
RCMP during the investigation, along with findings and recommendations in six areas that the
RCMP must address in order to meet its duty to provide timely access under the Act.

18 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
annex 1.1

Investigation Table 2: Access to information caseload, 2016–17 to 2018–19


Data on the RCMP’s processing of access requests between 2016– 2016-17 2017-18 2018-19
17 and 2018–19 sheds light on the increasing problems the RCMP is Outstanding requests from
 224 1,192 3,428
having in responding to access requests in a timely manner. previous years
Requests received 4,826 5,203 4,436
The RCMP’s report to Parliament on its access to information Requests closed 3,858 2,967 4,176
activities in 2018–19 shows that between 2016–17 and 2018–19, Deemed refusals 1,336 2,047 2,979
the RCMP took significantly longer to respond to access requests. Requests carried over to next year 1,192 3,428 3,688
As Table 1 shows, the RCMP completed considerably fewer access
requests in less than 30 days and more than 1000% more in more Third, in 2017–18 the RCMP responded to 31 percent of access
than 365 days. requests within the statutory timeframes. By the next year, that
figure had dropped to 29 percent. The Act sets out 30 days as
Table 1: Completion time for access requests, 2016-17 to 2018-19 the response time, unless an institution validly extends the time to
Percentage
process and respond to the request.
2016-17 2017-18 2018-19 increase/decrease
(2016-17 to 2018-19) This is clear evidence that the RCMP’s inability to meet statutory
1 to 15 days 1,017 397 545   -46% timeframes under the Act is the norm, not an exception.
16 to 30 days 1,232 493 556   -55%
31 to 60 days    775 516 633   -18% The RCMP agrees that it is challenged to respond to access
61 to 120 days    481 650 522     9% requests within statutory time frames, noting that these challenges
121 to 180    142 341 273    92% relate to and are compounded by the geographical dispersion of
181 to 365 days    148 389 942    536% 30,000 employees, the large volume of requests and the diverse
More than 365 days     63 181 705 1,019% policing activities it undertakes. The RCMP also states that much of
its policing related information is paper-based and spread across
various systems rather than in one repository, making it sometimes
Second, and also according to the RCMP’s 2018–19 report, the difficult to retrieve records. The RCMP also contends that the
number of requests the RCMP carried over from one fiscal year to Public Safety portfolio is not only complex but also different from
the next grew from 224 at the end of 2015–16 to 3,688 requests at other parts of the public service, especially as it relates to sensitive
the end of 2018–19—this is despite an overall drop in the number of investigative information that should not be released to the public.
requests received (see Table 2).

19 | Special Report to Parliament ACCESS AT ISSUE: The need for leadership | Systemic investigation of the RCMP
annex 1.1

While all this may be true, it does not fully explain the RCMP’s delays The RCMP confirmed that there is a high turnover of employees
in responding to requests, particularly since other geographically in the RCMP’s ATIP Branch, predominantly at the junior levels.
dispersed agencies within the Public Safety portfolio are able to Training is offered regularly and was specifically given to Intake Unit
meet their obligations under the Act in this regard. This includes the employees in April 2018 and March 2019. To further augment junior
Canada Border Services Agency, which responded to 94 percent of employees’ capabilities, senior staff mentor members of Intake Unit.
requests on time in 2018–19. Formal standard operating procedures for activities such as tasking
have been in place since the summer of 2017.
With this context in mind, the OIC also examined a number of
aspects of the RCMP’s access operations and processes to The RCMP undertook a pilot project in January 2019 to determine
determine what factors are contributing to delays and what needs to whether efficiencies could be gained by having Intake Unit staff
be addressed to rectify the problems. review electronic operational records relevant to access requests
housed in the Police Reporting Occurrence System and the Police
Tasking Records Information Management Environment rather than having
Tasking refers to the process by which staff in the Intake Unit of the to task OPIs for records in some instances. The RCMP did not state
RCMP’s ATIP Branch notify offices of primary interest (OPI) that an whether the pilot project was successful or whether it led to more
access request has been made, and ask OPI representatives to efficiencies in the tasking process.
retrieve all the responsive records they have. The Intake Unit relies
on a list of all OPIs within National Headquarters and a list of liaison Based on what I learned about the RCMP’s tasking processes, I
officers for the divisions located across Canada in order to direct its find them to be inadequate for ensuring timely responses to access
tasking requests. requests. Given with the errors in tasking and multiple tasking I
learned about during the investigation, I also find that the standard
Previous OIC investigations have revealed that access requests operating procedures have proven ineffective in improving its
are sometimes tasked to the wrong OPI which produces a NIL tasking processes or reducing response times.
response. OPIs will then redirect tasking requests to other parts
of the organization, which causes delays. In some cases, it is only I recommend that the RCMP:
when an ATIP analyst begins to process the retrieved records that
they realize that the wrong OPI was tasked. In these cases, the 1. Review its tasking processes to determine the causes of failures
tasking process is restarted once again, causing further delay. that impede the processing of records and delay responding to
requests;

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2. Implement measures to reduce or eliminate these causes. In However, there was no evidence that the RCMP has any systematic
particular, facilitate the Intake Unit’s ability to identify relevant follow-ups or audits to ensure staff are following the procedures.
OPIs when tasking, thereby reducing the need to redirect
taskings: In response to my preliminary findings, the RCMP told the OIC that it
– Require OPIs returning NIL response to taskings to also continually reviews its procedures, including the standard operating
provide the Intake Unit with details about the search they procedures introduced in 2017, to find efficiencies. However, the
conducted; RCMP did not comment on the lack of auditing processes the OIC
identified in the investigation.
– Require all OPIs to develop and provide to the Intake Unit
an evergreen reference document in a consistent format that Based on what the investigation revealed about the RCMP’s
explains their programs, mandate and information holdings, procedures for processing and responding to access requests,
and the electronic and/or paper information management I find that the RCMP has not taken any steps to ensure that the
systems they use; and procedures that do exist are being implemented consistently across
the organization. This may mean that employees do not have the
3. Identify best practices with respect to tasking and share these necessary knowledge and skills to process access requests in
with the Intake Unit regularly. an efficient manner and may contribute to the RCMP’s difficulty in
providing timely access.
Procedures
When institutions receive access requests, they must process I recommend that the RCMP:
all responsive records under their control, regardless of format,
and apply necessary and limited severances to that information. 4. Review and keep evergreen the standard operating procedures
Documented, consistent and auditable procedures are more likely to introduced in 2017;
produce reliable results in a timely manner.
5. Regularly share updated procedures with access staff and
As part of the investigation, the OIC examined the RCMP’s individuals across the RCMP involved in responding to access
procedures related to processing and responding to access requests; and,
requests. These procedures were found in training materials,
checklists and emails. 6. Implement a process for access staff to monitor the
implementation of standard operating procedures across the
The investigation revealed that the RCMP has some procedures for RCMP.
how to use the various electronic systems, checklists and reference
guides available for processing and responding to request.

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Training I find that the RCMP’s lack of mandatory training for OPIs and/
Treasury Board of Canada Secretariat policies require institutions or individuals who have access to information as a primary and/
to ensure employees are properly informed of their responsibilities or secondary duty outside of the access office contributes to its
under the Act, and receive adequate training. inability to provide timely access to information.

Employees who receive necessary training are better able to I recommend that the RCMP:
perform in their role. Training lays the foundation for setting
expectations in an organization and builds knowledge, skills and 7. Continue to develop its training program for ATIP Branch staff
abilities to meet those expectations. I view training as a critical and make attendance mandatory;
component of transforming any business activity.
8. Continue to hold information sessions for RCMP employees
During the investigation, the OIC sought to confirm the training across Canada and make attendance mandatory;
opportunities offered to access staff and other individuals across the
RCMP responsible for responding to access requests. 9. Develop training for individuals across the RCMP with primary
and/or secondary ATIP responsibilities and make attendance
The investigation revealed that the RCMP has offered in-classroom mandatory; and,
and hands-on training to new Intake Unit officers and ATIP analysts.
RCMP employees across Canada can attend access to information 10. Continue to engage with OPIs to better understand and address
sessions, and ATIP Branch staff have held engagement meetings their specific training requirements, given the complexity of the
with internal stakeholders. However, attendance at these sessions is organization and the regional dispersion of the employees.
not mandatory.
Electronic systems
The RCMP asserts that it has one of the most thorough training During the investigation, the OIC learned that a large portion of
programs for access staff of any Government of Canada institution Intake officers’ time is spent uploading and importing records from
and that it includes hands-on exercises. Further, the RCMP noted operational systems into redaction software.
that training for access staff and OPIs has resulted in improvements
in the capacity of access to staff to review responsive records. A maximum of 300 pages can be uploaded at a time. Beyond that,
the system crashes. Further, at the time of the investigation, the
The RCMP did not comment on my preliminary finding about there maintenance contract for the redaction software had been expired
being no mandatory training for all individuals who have access to for years, the database was not being serviced and the RCMP was
information as a primary and/or secondary duty. The RCMP also seeking a new system administrator.
did not provide the number of information sessions offered or the
number of individuals who attended the information sessions.

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The investigation also revealed that, while the RCMP has an online 13. Invest in digital skills development for staff.
portal for receiving access requests, it is not integrated with its case
management software. As a result, Intake officers must enter all data Insufficient resources
related to requests into the system manually, increasing the risk of During the investigation, the OIC discussed resourcing issues with a
data entry errors and data integrity, and taking time. number of ATIP Branch employees.

ATIP staff produce weekly dashboard-type reports for senior These officials indicated that the RCMP has insufficient human
management, including on open requests. However, due to system and financial resources to meet its access request workload—
limitations, these reports have to be generated manually. This addressing its backlog of open requests and dealing with incoming
means that as the reports get longer as the year goes along it access requests.
takes more time to generate them. In addition, since exporting the
information to Excel does not generate a useable table (the data is In its response to my preliminary findings, the RCMP acknowledged
jumbled and impossible to sort) conducting any in-depth analysis of that resource challenges are inhibiting its capacity to meet its
the data is near impossible. access obligations and stated that it agrees that increased
resources would help it meet them.
The RCMP confirmed that it has encountered information technology
challenges in the past and is now working with its information Further, the RCMP indicated that a departmental review has led
management group as well as the Treasury Board Secretariat to recommendations to the government concerning resourcing
and Public Services and Procurement Canada on the Request for requirements, including those of the ATIP Branch. The RCMP also
Proposal for new government-wide ATIP software. advised that it is collaborating with other institutions on collective
staffing processes.
Based on what I learned during the investigation, I find that the
RCMP’s electronic systems are inadequate to support timely access Based on what I learned during the investigation, I find that the
to information. In addition, Canadians expect better, more efficient RCMP does not have sufficient human and financial resources
and streamlined digital services from their government. to provide timely access to information and meet its statutory
obligations under the Act.
I recommend that the RCMP:
I recommend that the RCMP:
11. Upgrade the digital tools it uses to process access requests,
including to overcome the geographic dispersion of RCMP units 14. S
 ecure adequate human and financial resources for its ATIP
and employees; processes to allow it to meet its obligations under the Act.

12. A
 dopt innovative and efficient digital practices to better serve
requesters; and,

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Comprehensive strategy to meet access obligations and Based on all my above findings and the prevalence of delay
reduce the backlog complaints against the RCMP, I further find that the approaches
During the investigation, the OIC learned that the RCMP hired a the RCMP has been taking to date under its three-year plan have
team of experienced consultants as part of a three-year plan to been ineffective in solving the problems that plague its processing
reduce the backlog of open requests for which responses are of access requests and that a more concerted and strategic effort is
overdue. And, while the RCMP reported in March 2020 that this required.
team had reduced the backlog by 74 percent, it remained at more
than 2,000 requests. In my view this is not acceptable. Moreover, I recommend that the RCMP:
the problems this investigation revealed suggests that the backlog
will grow again if the RCMP does not take effective steps to 15. Implement a detailed strategy that covers each of the areas
address it. I find are impeding the RCMP’s ability to respond to access
requests in a timely manner and any other measures the RCMP
The magnitude of the problem is clear in the complaints the OIC determines would be effective in helping the RCMP meet its
receives concerning the RCMP (Table 3). legislated obligations and reduce its backlog of open requests.

Table 3: Complaints against the RCMP, 2017–18 to 2019–20 Conclusion


The access to information system is key to safeguarding Canadians’
Registered
trust in their government. I have publicly signalled several times
Fiscal Time Exemptions/ Missing /
year Delay extension exclusions No records Misc. Total Closed recently that this system is in a critical phase and may soon be
2017-18 318 2 37 76 2 435 332 beyond repair if certain ongoing and developing issues remain
2018-19 272 4 43 41 6 366 361 unaddressed. This is also true for the RCMP, which persistently fails
to meet its legal obligations under the Act.
2019-20 222 2 67 59 4 354 442
Total 812 8 147 176 12 1,155 1,135
The RCMP responded to my letter by highlighting the many
strategies it had adopted in the past to improve response
Over each of the last three years, complaints about delays in
times under the Act. However, my investigation revealed that
responding to requests have accounted for at least 62 percent of
the strategies implemented by the RCMP to-date have failed
the complaints the OIC has received against the RCMP (with a high
to effectively make it possible for the RCMP to provide timely
of 74 percent in 2018–19). Canadians should be able to expect
responses to access requests.
timely service from the RCMP under a legislated program but
the complaints my office investigates against the RCMP suggest
otherwise.

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The recommendations I make in this report are some of the steps I make. I will therefore continue to ask for representations in each
the RCMP can take to address this. As Minister of Public Safety and every case that I investigate, as required by the Act. I will,
and Emergency Preparedness, it is your responsibility to ensure however, not hesitate to finalize any investigation by issuing my
that the necessary resources, processes and tools are in place so recommendations and orders directly to you, even when the RCMP
that RCMP officials, including the Commissioner, to whom you have chooses not to take the opportunity to submit representations.
delegated your authority as head of the RCMP under the Act, can
start meeting their statutory obligations with regard to access. Please inform me by August 10, 2020, as to whether you intend to
implement my recommendations and the action you intend to take
In other words, it is incumbent on you to take any necessary actions to do so. If not, please provide me with the reasons why you will not
to ensure that our Country’s national police force complies with the be taking the recommended action. I also urge you to propose any
law on your behalf. Canadians expect it and deserve no less. additional actions that could allow the RCMP to improve its response
times and reduce its backlog.
Finally, I will also note for the record that, although I have not made
findings and recommendations on the RCMP’s ongoing failure to Should you wish to discuss any aspect of this matter, please do not
provide representations to my office, this practice compromises the hesitate to communicate with me at 819-994-0001.
OIC’s ability to effectively investigate delay complaints. Providing
representations is the RCMP’s opportunity to explain the particular
reasons for the delays and would allow me to better understand Caroline Maynard
the situation and better inform the recommendations and/or orders Information Commissioner of Canada

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Caroline Maynard
Information Commissioner of Canada
30 Victoria Street
Gatineau, Quebec K1A 1H3

Dear Commissioner Maynard:

Thank you for providing a copy of your July 15, 2020, Initial Report on how the Royal
Canadian Mounted Police (RCMP) processes access to information requests.

I am assured that the RCMP will examine each recommendation carefully and, where
appropriate, articulate a way forward, including the identification of best practices to
determine the root causes of the challenges outlined in your document and find efficiencies
to minimize the delays in responding to requests.

The RCMP is fully committed to meeting its responsibilities under the Access to Information
Act (Act) and ultimately to being transparent with Canadians.

The RCMP’s responses to your recommendations, per theme, are outlined below.
Letter from the Minister of
Public Safety and Emergency 1. Tasking
Preparedness to the Information The RCMP Access to Information and Privacy (ATIP) Branch will review and update their
Commissioner dated August 5, current Office of Primary Interest (OPI) template to expand the knowledge, roles and
2020, that responds to the responsibilities of each OPI, which will facilitate tasking to the proper location in the first
Commissioner’s findings and instance. In addition, an OPI guidance checklist will be developed for each OPI to complete
and submit when returning relevant records with all pertinent details about the search
provides a further update
conducted. The checklist will include:
regarding RCMP actions.
• database, folders, etc. searched;
• parameters of the search used (e.g., key words, date ranges);
• individual responsible for conducting the search and the date of the search; and,
• whether any other areas may have holdings of the information (e.g., divisions,
detachments).

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The above will help guide and assist both the RCMP ATIP Intake This will ensure the enhancement of employee training and create
Unit and Liaison Officers (LOs) in identifying the relevant records to efficiencies across the RCMP in providing timely access to information.
better respond to a request.
4. Electronic systems
2. Procedures The RCMP agrees that its current electronic systems are inadequate
The RCMP ATIP Branch will develop, communicate and implement and cause challenges. The RCMP obtained a new virtual server
a cyclical review process of their standing operating procedures to in April 2019 that has led to efficiencies in processing time and
ensure they remain up-to-date. This will better inform employees and reliability on its systems. Additional efforts include:
ensure consistency across the RCMP in the processing of access
requests, and reduce the response time for providing relevant • continued work with the RCMP’s Information Management
records. branch to upgrade digital tools and explore the possibility of
streamlining flow of information and reducing paper-based
3. Training records that cause challenges in retrieving records;
The RCMP will continue to provide and formalize access to
• being part of the of the new ATIP online Request Service
information training to ATIP Branch staff and employees across the
(AORS), in collaboration with the Treasury Board Secretariat. The
RCMP by:
new service will offer Canadians the ability to submit access to
information requests, and to have those requests automatically
• providing
 yearly mandatory information sessions to all LOs
re-distributed to a Responding Institution among the 240-plus
across the RCMP;
Government of Canada institutions subject to Part 1 of the
• continuing
 with the development of an ATIP 101 online course Act. The on boarding of this new initiative was scheduled for
consisting of two modules, one for all RCMP employees who May 2020; however, due to the global pandemic, it has been
have primary and/or secondary ATIP responsibilities and one delayed; and,
dedicated to the roles and responsibilities of all LOs across the
• planned AORS and new ATIP Software to assist staff in
RCMP;
alleviating data entry errors, improving data integrity, reducing
• exploring the possibility of mandating this online course to all time delays and improving reporting capability.
affected employees and requiring all new ATIP employees to
take the Canada School of Public Service on-line course; and, In securing better technological solutions, the RCMP’s digital
environment will be enhanced.
• continuing
 to liaise and engage regularly with all 750 OPIs to
continue addressing their training requirements.

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5. Insufficient resources
The Government has just recently provided additional funding to the RCMP to take measures
to address program integrity issues. Shoring up the ATIP program to improve compliance with
obligations under the Act is a high priority for the RCMP and will inform allocations decisions
regarding the new funding.

6. Comprehensive strategy to meet access obligations and reduce the backlog


The RCMP’s ATIP Branch currently has nine consultants helping to reduce its backlog. The
current contract ends on March 31, 2021; however, there is engagement with Public Services
and Procurement Canada (PSPC) to allow for twelve consultants. The current contract has
demonstrated that this initiative is helping reduce backlog.

In conclusion, I reiterate that the RCMP will take all measures to meet its responsibilities under
“The RCMP is fully the Act and is fully committed to providing Canadians with information in a timely manner.
committed to meeting
Yours sincerely,
its responsibilities under
the Access to Information The Honourable Bill Blair, P.C., C.O.M., M.P.

Act (Act) and ultimately c.c.:  ommissioner Brenda Lucki


C
to being transparent with Royal Canadian Mounted Police

Canadians.” Alison Whelan


Chief Strategic Policy and External Relations Officer
– The Honourable Bill Blair, Royal Canadian Mounted Police
Minister of Public Safety and
Superintendent Richard Haye
Emergency Preparedness Director, Access to Information and Privacy Branch
to Caroline Maynard, Royal Canadian Mounted Police
Information Commissioner of
Canada, August 25, 2020

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