Feds are implementing new ID rules for accessing public records

New regulations now require Canadians seeking access to public records to show “adequate identification” as defined by the federal government.

Changes to the Access to Information Act came into effect on July 5 by the Chairman of the Treasury Board, Mona Fortier.

Federal departments and agencies will now determine what constitutes an approved identification for Canadians applying for public records. The Treasury Board said the changes stemmed from the need to ensure that the applicant has the “right to do so”.

“The government agency must request additional information from the individual to confirm their right of access,” the Treasury Board wrote in a legal notice, according to to Blacklock’s Reporter on July 6.

“Consultation was not deemed necessary,” the Treasury Board said in an earlier Regulatory Impact Analysis Statement.

The department said workers “must ensure that a person making a request has the right under the law to do so. This includes that the applicant is a Canadian citizen, permanent resident or resident of Canada.”

The department noted that some media outlets had expressed concerns about the additional delays the new rules would bring.

“Some media outlets reported on the proposed regulation and expressed concern about potential delays that could result from the implementation of identification verification requirements by Access To Information practitioners,” the Treasury Board said.

“The Treasury Board has taken note of the reporting, but as the regulations are in line with current practices, they are not intended and not expected to affect current processing times.”

A directive was issued to public service executives on July 13, 2022, directing staff to “confirm that the applicant is a Canadian citizen” and request a copy of a birth certificate, passport, citizenship certificate or other identification.

In December 2022, the Commons Access to Information committee heard testimony about the long delays in accessing documents.

“Turnaround times are terrible and getting worse,” said Dean Beeby, a retired Canadian Press reporter. He said federal departments and agencies are “realizing that they get far greater backlash from releasing information than from withholding it.”

Conservative Ontario MP Michael Barrett was asked what was the longest time frame a request for access to information had been open. Mr. Beeby replied, “It would take about 10 years.”

During testimony on April 19, Ms. Fortier acknowledged that the release of public records is fundamental to democracy, but said she had no first-hand experience of filing a request.

“Public access to government information is central to democracy,” Ms Fortier said. “As chairman of the Treasury Board, I am responsible for overseeing the application of the Access To Information Act.”

Alberta Conservative MP Damien Kurkey asked Ms Fortier, “Have you ever made a request for access to information?” Mrs. Fortier replied, “No.”