Access to Information Struggles to Keep Pace with an Evolving Public Service Workplace: Lessons from the ArriveCAN Investigation

GATINEAU, QC, June 16, 2026 /CNW/ - The Information Commissioner of Canada, Caroline Maynard, has tabled her 9^th Annual Report to Parliament, which includes a special report on her investigation into matters related to requesting and obtaining access to records regarding the ArriveCAN application at the Canada Border Services Agency (CBSA).

The Commissioner's systemic investigation found no evidence of an offence under subsection 67.1(1) of the Access to Information Act, as had been alleged. However, it uncovered serious shortcomings in the identification and retrieval of records related to ArriveCAN in response to access to information requests. In particular, the investigation found that CBSA relied on Slack, a digital collaboration tool, without sufficient regard to access to information rights, raising concerns about whether key records were properly captured and preserved. The report highlights how gaps in information management--especially in fast-moving, decentralized digital environments--limited CBSA's ability to reliably identify, retain, and retrieve records.

As federal institutions increasingly depend on cloud platforms, mobile apps, and instant messaging to deliver programs, Commissioner Maynard warned that access to information obligations have not kept pace with modern work practices. ArriveCAN, she said, is a cautionary tale. "It illustrates the consequences of decisions made under pressure, without adequate regard for transparency," said Commissioner Maynard.

The issue is not new. As early as April 2020, the Commissioner warned federal institutions to properly track records created during extraordinary circumstances such as the pandemic. The ArriveCAN experience, she notes, shows what happens when those warnings go unheeded. "The lesson is clear: innovation must be matched with governance that works in a modern digital environment," Caroline Maynard said.

This Annual Report is tabled as the federal government undertakes a review of the Access to Information Act--a process the Commissioner describes as a critical opportunity to modernize transparency laws. "This is the moment to act on the Act," she said, urging lawmakers to address persistent barriers to timely and meaningful access, particularly those tied to poor information management practices. Such barriers--including delays, missing records, and inconsistent practices--directly affect Canadians' legal right to government information, she added, with consequences for accountability and public trust. "When that right is not fully upheld, transparency, accountability, and public confidence suffer."

The 2025–2026 Annual Report also details ongoing efforts to resolve complaints, examines recent court decisions, and underscores the impact of the Commissioner's order-making powers.

Related links

Investigation Final Report on the Canada Border Services Agency

Response from the President of the Canada Border Services Agency

SOURCE Office of the Information Commissioner of Canada

Media Contact: Public Affairs, Office of the Information Commissioner of Canada, Tel.: [phone], option 3, Email: [email protected]