Duty to assist

Question 1

explain the duty to assist

Answer 1

Section 2.1 of the access to information act describe the Responsibility of government with the following : “The head of a government institution shall, without regard to the identity of a person making a request for access to a record under the control of the institution, make every reasonable effort to assist the person in connection with the request, respond to the request accurately and completely and, subject to the regulations, provide timely access to the record in the format requested.”

Section 6.2.4 of Treasury Board Canada Policy on Access to Information describe an ATIP analyst duty to assist has: “Ensuring that every reasonable effort is made to help applicants receive complete,
accurate and timely responses in the format requested, in accordance with the Regulations
and without regard to the applicant’s identity.”

Question 2

how do we fulfill our duty to assist

Answer 2

1. Identify for the requester the specific subject matter that would hold the specific record being seeked.
2. Be proactive and communicate often with the requester to inform him about the volume of the request, the possibility for consultation and extension.
3. In an effort to provide a timely response, propose to the requester a most beneficial approach to accessing the information he seeks that would allow them to access information without having to extend the file.
4. Answer any question the requester may have about the processing of a file or alternate avenue of access.
5. Be flexible in the delivery method of the records and always ready to accommodate and find alternative method to deliver the information has Canada is the second-largest country in the world and some citizen may live in remote communities.

Question 3

According to Treasury Board Canada Policy on Access to Information Interim Directive on the Administration of the Access to Information Act An ATIP analyst Duty to assist can be broken down in the following:

Answer 3

1. Protection of applicant’s identity: Limiting, on a need-to-know basis, the disclosure of information that could directly or indirectly lead to the identification of a requester, unless the requester consents to the disclosure.
2. Interpretation and clarification of access request: Adopting a broad interpretation of an access request, and promptly communicating with the requester when necessary to clarify the request.
3. Accurate, complete and timely access: Assist the requester in reformulating the request where it would result in the person receiving more accurate, complete and timely access.
4. Revised requests: When an access request has been clarified or its wording altered, documenting the wording of the revised request and the date of the revision in the tracking system.
5. Principles for assisting applicants: Implementing and communicating the principles for assisting requesters as listed in Appendix C of this directive.
6. Format of release: When privacy, confidentiality and security considerations would not be compromised and it would not be unreasonable or impracticable to do so, provide records in the format requested by the requester, including machine-readable and reusable formats.
7. Informal processing: Determining whether it is appropriate to process the request on an informal basis. If so, offering the requester the possibility of treating the request informally and explaining that only formal requests are subject to the provisions of the Act.
8. Contextual information: Providing, as appropriate, general information of a contextual nature in response to an access request to help the requester understand the record in cases where the record itself may provide misleading information and the access to information analyst has been informed by the office of primary interest that the information contained in the record may be misleading. However, government institutions are not obligated to explain all records or complex information being disclosed when responding to an access request.

Question 4

What are the 10 principles for assisting applicants ?

Answer 4

5. 1.1. Process your request without regard to your identity.
6. 1.2. Offer reasonable assistance throughout the request process.
7. 1.3. Provide information on the Act, including information on the processing of your request and your right to complain to the Information Commissioner of Canada.
8. 1.4. Inform you, as appropriate and without undue delay, when your request needs to be clarified.
9. 1.5. Make every reasonable effort to locate and retrieve the requested records.
10. 1.6. Apply limited and specific exemptions to the requested records.
11. 1.7. Provide accurate and complete responses.
12. 1.8. Provide timely access to the requested information.
13. 1.9. Provide records in the format and official language requested, as appropriate.
14. 1.10. Provide an appropriate location in the government institution where you can examine the requested information.