Comptroller General Warns Federal CFOs to ‘Be Careful’ of Access Law

A Canadian flag hangs from a lamp post along the road in front of the Parliament buildings in Ottawa on June 30, 2020. (Adrian Wyld/The Canadian Press)

The Comptroller General of Canada advised federal chief financial officers (CFOs) to “be careful“ what they wrote down as any record created may ”find its way out” through Access to Information and Privacy (ATIP) requests, a Commons committee heard on Feb. 8.

Comptroller Roch Huppé, who is responsible for government-wide financial management, was testifying at the House of Commons government operations committee on the issue of federal contracts awarded to consulting firm McKinsey & Company when he was asked to explain about his remarks to the CFOs during a meeting on Feb. 2.

“Did you advise the CFOs? I’m going to be quoting, ‘Be careful what you write down; [it] will find its way out through an ATIP.’ Did you say that?” asked Conservative MP Kelly McCauley, chair of the committee, as first reported by Blacklock’s Reporter.

“I said that, what I said actually is that, indeed, I caution people that we need to remain as public servants very factual in what we’re saying, so writing personal opinions on different subjects in emails is not necessarily the place to do that,” Huppé replied.

‘Violates the Intent’

McCauley did not name his source on how he got to know what Huppé had said. “So did you say the words ‘Be careful what you write down?’” the MP repeated, to which the comptroller answered “absolutely.”

An ATIP gives Canadian citizens the right to access records of government institutions including personal information held by government institutions, according to the Treasury Board of Canada Secretariat on its official site.

“Do you not think that violates the intent or the spirit of the Access To Information Act, advising senior public officials not to write things down for fear it will show up in an ATIP?” McCauley probed.

“Absolutely not … ” Huppé said. His reply was interrupted by McCauley who challenged him: “You don’t believe that’s a violation to the spirit … ?”

“What I’ve said is that they need to remain very factual. So they have to be careful,” the comptroller reiterated.

The MP pressed Huppé again if he had told the CFOs to be careful in their writings in case their works are seen by the public through ATIP requests.

“I don’t remember exactly what I’ve said to be honest with you. But I did caution people that as we’re dealing with sensitive situations that you need to remain very factual,” Huppé said.

McCauley expressed concerns over Huppé’s answers. He suggested that the comptroller seemed to err toward what Information Commissioner of Canada Caroline Maynard said in July 2020 about the “culture of secrecy” that is prevalent in the federal government.

“I am greatly worried as [the] Information Commissioner states there is a culture of secrecy and it appears you are leaning toward that,” said the committee chair.

The committee agreed with McCauley to order the comptroller to disclose emails and records he had shared with CFOs and deputy ministers. MPs also sought minutes of the meeting Huppé would have with chief audit executives on Feb. 9 regarding their study on the McKinsey case.

“And again, let me just express my extreme displeasure over the comments made about perhaps hiding things from access to information and continued secrecy from that level,” McCauley said.