Issue 1: Accessibility of Digitized Content

Accessibility of federal government information holdings is important to Canada’s future. Citizen access to federal information can promote national unity and social cohesion while mitigating regionalism and alienation. Access to information contributes to an environment that enables Canadians to be active participants in society in both official languages. Accessible information supports, among other things, formal education, lifelong learning, cultural dialogue and economic success both in Canada and globally.

Information and communications technologies offer invaluable opportunities to provide Canadians with the best possible access to digitized federal information holdings and collections. It is not surprising that the Task Force’s survey indicates that while the objectives of digitization initiatives differ from organization to organization, the primary objective is to improve access. Other objectives include cost savings, followed by preservation, keeping pace with technology, and information sharing. When asked to identify the most significant challenges facing federal institutions in their planning and development of digital products³, survey respondents most commonly reported technical limitations, followed by budgetary constraints, copyright considerations, lack of policy guidelines and, lastly, the selection of materials for digitization.

In providing digital products, the federal government must be aware that a significant proportion of the Canadian population does not have the technology or skills to access digital content. According to Statistics Canada, in 1997 an estimated 13 percent of Canadian households used the Internet from home computers. At the same time, the Task Force survey results reveal that, of 165 digital products described in the survey, 37 percent are provided in digital format only. (The remaining 63 percent are provided in conventional as well as digital forms.) Clearly, federal institutions will have to continue providing certain types of information in conventional formats, through existing channels, for the foreseeable future.

The application of information and communications technologies must not contribute to widening the gap between the information "haves" and "have nots". This concern is particularly relevant for disadvantaged or special-needs groups, including low-income earners, residents in rural and remote areas, persons with disabilities, and third-language users (e.g., Aboriginal language speakers). The capability and the inclination of Canadians to use digital media is another factor that merits consideration. Surveys continue to indicate that many people are not interested in using new technology ("The Information Highway and the Canadian Communication Household", October 1997, Ekos; "A Syndicated Public Opinion Review of Canada’s Cultural Sector", 1997, Pollara). Whereas digitization can, in many cases, be a means of government cost saving and cost-recovery, citizen access to federal information should not be compromised.

Keeping in mind these considerations, the federal government must ensure that Canadians have the best possible access to federal digital information.⁴ Government has a role in providing information in support of the "public good". The notion of the "public good" has been the subject of debate ever since it was introduced by early liberal philosophers like John Locke and Jean-Jacques Rousseau. Given that this is an evolving concept, the challenge for government is to identify, based on current public need, what types of information should be provided to Canadian citizens as a "public good". The section of this report on Selection of Materials for Digitization provides "public good" criteria that may be applied immediately by federal institutions in their decisions to digitize material. However, given that society’s needs will change over time, more discussion and direction is required in this area. Furthermore, the digitization of all federal information would be prohibitively expensive; federal institutions may therefore be forced to categorize and then prioritize the various types of digital information that can be made available on a tax-supported or cost-recovery basis.

To make choices about what types of federal information holdings and collections should be made available and at what cost, it may be useful to categorize information as "essential", "key" and "customized". "Public good" would generally fall into the "essential" and "key" information categories.

• Essential: Federal institutions are required by legislation to provide this information on a tax-supported basis to citizens, in both official languages. This category includes information about dangers to health and public safety as well as citizen rights, entitlements and obligations. This body of information is constantly evolving and requires continual reassessment on a case-by-case basis, in terms of meeting the principles of open government and public benefit.

  Examples:

  Federal election results must be printed as per the Canada Elections Act and are available without charge to the user in both print and digital formats.

  Federal budget speeches must be printed as per the House of Commons’ mandate and are available without charge to the user in both print and digital formats.

• Key: Federal institutions do not have an explicit statutory obligation to provide this information, but it is nevertheless vital for the future of Canada and its citizens. This includes information that helps to promote the health of Canadians, to promote economic opportunity, to promote Canada’s linguistic duality, to invigorate the cultural dialogue that defines national identity and the diversity of Canadian society, and to sustain social cohesion. Federal institutions should determine their duty to provide such information within the context of their specific mandates. Key information should be provided free or at marginal cost-recovery.

  Examples:

  Attestation Papers (enlistment documents) from the First World War Canadian Expeditionary Force. Twenty percent of the 600,000-plus records held in the National Archives (NA) are digitally available at the NA and SchoolNet Digital Collections Web site free of charge.

  Tobacco On-line is a Health Canada service provided free of charge to help Canadians become and remain smoke-free. This information is currently available in digital format and is supplemented by print pamphlets free of charge to the user.

  Canadian Technology Network, developed by the National Research Council in partnership with Industry Canada, provides information to meet technology and related business needs. This information is available in digital format only, free of charge to the user.

• Customized: This refers to the type of information that benefits an individual or a firm. It can be used for commercial purposes, and its individual users are viewed primarily as consumers (as distinct from their role as citizens). Federal institutions would provide customized information at market value. However, its availability cannot be guaranteed by the federal government since it would be based on demand and what the market is willing to bear.

  Examples:

  Statistics Canada packages raw data according to the needs of the user and charges a fee for both print and digital formats.

  Atmospheric Environment Service, Environment Canada, provides customized weather information and charges a fee for both print and digital formats.

Using these information categories, the proposed "Access and Remuneration Continuum" (see below) provides an adaptable framework for making choices and tradeoffs when making information accessible to the Canadian public on a tax-supported or commercial basis. The Continuum is conceived not as a rigid model, but as a general and flexible approach that individual federal institutions can utilize according to their own mandates. Further, it is recognized that while some institutions have the obligation to disseminate information to the public, others do not have this obligation. Nonetheless, in the interests of lifelong learning and the promotion of social cohesion, federal institutions should strive to provide as much information as possible on a tax-supported basis to citizens.

By undertaking certain legislative and policy⁵ initiatives, government would be in a better position to seize information technology opportunities that can further enhance access to digital information for Canadians. To this end, the following recommendations are proposed.

Legislative and Policy Initiatives

Today’s enormous strides in information technology have profound implications for communications and dissemination of information. Consequently, there is a need for more planning, organization and coordination both at the institutional level and horizontally across government. For example, of the federal institutions responding to the Task Force survey, only 29 percent reported having a policy for their digitization activities. Of the 71 percent of survey respondents who reported that they did not have a digitization policy, one-half indicated that they were in the process of developing one.

It has become necessary to strengthen and build upon federal information legislation and policies to reflect the realities of a digital environment. Rationalization of legislation and policies will reinforce the information components of the mandates of all federal institutions. Overlap and duplication in information dissemination can also be minimized. From the public’s perspective, a coordinated and integrated approach to federal information legislation and policies will improve access to all types of information. Therefore, in order for Canada to play an enhanced role in the digital environment:

1.1 The federal government should develop a Federal Information Policy that would provide the basis to rationalize information policies into one comprehensive framework. While the rationalization process would include many components, the following should be considered:

a. Ensuring that existing federal information legislation and policies are "technology neutral", ⁶ where possible, or strengthened to reflect the new realities of a digital environment.

Examples include strengthening the roles of the National Library Act and the National Archives Act in acquiring, organizing, preserving and ensuring access to government information in a digital environment. Another key component of such an initiative would address the special circumstances relating to personal information and privacy in a digital environment by clearly identifying the types of information covered by "personal information and privacy", and outlining the potential issues and the attendant privacy risks or implications.

b. Developing federal information policies identifying and describing types of information, such as "essential", "key" and "customized" information, based on the proposed Access and Remuneration Continuum.

c. Ensuring that published digital information is deposited with the National Library of Canada to strengthen its role in acquiring and preserving a comprehensive collection of published Canadiana.

Since its creation in 1953, the National Library of Canada has as its fundamental role the acquisition and preservation of all types of Canadian publications. The legal deposit provisions of the National Library Act have been systematically extended to new formats of publishing, including media such as CD-ROMs. However, a number of federal on-line publications are not being acquired and maintained comprehensively because it is difficult to track them in a systematic manner.

d. Expanding the Depository Services Program (DSP) to include published information in digitized format.

As the public information safety net, the DSP undertakes to identify publications in all formats released by the federal government, to negotiate and implement arrangements to make them accessible in a manner and quantity consistent with the depository institution’s network needs, to make the publications available, and to represent the network’s requirements to federal departments and their publishers. Increasingly, however, government publications are being made available in digital format only. Identifying and depositing these electronic materials is often problematic. The role of the DSP must be strengthened to ease the transition to the digital environment.

e. Ensuring that federal institutions continue to publish "essential" and "key" information in conventional and alternative formats for the benefit of Canadians who do not have access to and the knowledge to use information technology.

Influenced by the need to limit the costs of government services, some federal institutions may be compelled to stop providing information in conventional formats. There may be cases where some institutions, having a technologically sophisticated clientele, will move rapidly to provide the majority of their information solely in digital form. Such choices, however, should be made only after careful study and analysis of the impact on their target user populations. These institutions should also endeavour to provide access that meets the needs of members of the public who are not considered part of the target client base.

It is also important to keep in mind that the adoption and penetration rates of communications technologies have limits. In 1995, the penetration rate for the telephone was 98.8 percent of Canadian households; the rate for cable television was 73.4 percent (Paul T. Dickinson, Access to the Information Highway: Canadian Households, Report prepared for Industry Canada, Spring 1996). These rates have reached a plateau over the past few years and are not expected to change significantly. Experts from the communications industry believe that the penetration rate for information technology will similarly plateau, but at a lower level. For the foreseeable future, therefore, providing only digital information would decrease access to "essential" and "key" information for a significant number of Canadians.

f. Ensuring that federal institutions adopt information dissemination technology (hardware and software) that does not impede access for citizens and institutional users to "essential" and "key" information.

While new and emerging technologies allow digital information to be presented in innovative ways, the majority of potential users are unlikely to have access to sophisticated hardware and software. Sharing of information among federal institutions, as well, is often impeded by the use of incompatible software and information technology standards.

g. Seeking partnerships with the private sector, where appropriate, to encourage the creation and provision of "key" and "customized" digital information that meets user needs.

For example, a CD-ROM product entitled Canadian Geographic Explorer is a multimedia interactive journey around Canada featuring an in-flight simulator, astronaut videos and narrations, the world’s first 3D satellite images, more than 500,000 map combinations, photos and video clips, and a Canadian Geographic archive. To provide Canadian students with the highest-quality learning resource and to offset the cost of CD-ROM production, IQ Media worked with several agencies from the public and private sector who contributed their expertise, information, imagery, distribution capacity, etc.: the Canadian Space Agency, Natural Resources Canada, the National Film Board of Canada, Canadian Geographic, Sierra, RadarSat International, QuickTime and PCI.

The Decade of the Arrow is another example of a successful partnership. The National Aviation Museum (a component museum of the National Museum of Science and Technology Corporation), in cooperation with Digital Renaissance, has prepared a multimedia database on the Avro Arrow, a supersonic aircraft developed by A.V. Roe Canada in the 1950s. Steve Shaw Productions produced the video components, and the CBC Archives and the Department of National Defence Archives provided archival footage. The Avro database is made accessible through Bell Canada’s experimental high-speed network subscription service, which allows subscribers to receive multimedia information, broadcasts and community services on their personal computers or on a network computer hooked to their television set. The service is currently available in Repentigny, Quebec, and London, Ontario, and will soon be accessible at the National Aviation Museum in Ottawa.

h. Ensuring that any charges for government digital information are fair and equitable.

There are growing pressures on federal institutions to charge fees for access to or use of federal information holdings or collections, including those in digital form. Determining the fair and appropriate price or user fee for digital information raises many new issues that go beyond the conventional means of information dissemination. For example, would information available on-line be charged at a different rate than its paper equivalent? To address such questions, policies such as Treasury Board’s Cost-Recovery and Charging Policy could be strengthened to provide support to and guidance for the setting of fair and reasonable fees for digital information. In addition, government information in electronic formats is increasingly being made available for sale to the public through licensing arrangements with the private sector. Agencies such as Canadian Government Publishing, Public Works and Government Services Canada, as well as some departments and sectors with expertise in licensing, co-publishing and Crown copyright administration, will have much to contribute to the examination of fair and equitable charges and licensing arrangements for digital information.

By building on existing policies and practices, the following should be pursued:

• i. Policy guidelines should be developed for licensing the commercial use of federal digital information so as not to impede public access. Where partnerships with the private sector are concerned, preference should be given to non-exclusive licensing arrangements, except in cases where access can be demonstrably enhanced through exclusive arrangements.
  For example, Treasury Board’s Primer on Databases for Managers states that licensing is considered a useful way to place information where it can be conveniently accessed and used by the public. It also suggests that granting exclusive licences should be avoided, as this practice may decrease access to information. Consequently, non-exclusive licences are preferred.
• ii. The commercial use of federal digital information through collaborative arrangements with the Canadian private sector (e.g., private sector partnerships and non-exclusive licensing agreements) should be facilitated; and
• iii. A means of redress should be provided for members of the public, should they believe they are not getting access to digital information due to unfair charging practices.
  The current means of redress available through Treasury Board’s Cost-Recovery and Charging Policy is inadequate and must be strengthened. One means of strengthening it would be to broaden the mandate of existing agencies, such as the Office of the Information Commissioner and the National Library of Canada, to include a means of redress for individuals who believe they are not getting access to published information in digital form because of unfair charging practices.

i. Ensuring that access to federal information holdings is an integral part of the National Access Strategy referred to in Building the Information Society: Moving Canada into the 21st Century. The ministers of Industry and Canadian Heritage are responsible for developing a National Access Strategy involving policy, regulatory and other measures to ensure affordable access by all Canadians to essential communications services. Support would include:

• i. providing, where appropriate, access points on the premises of federal institutions for citizens to gain access to "essential" and "key" information; and
• ii. pursuing and enhancing partnerships with non-federal organizations to create access points to federal digitized information throughout Canada.

j. Developing a mechanism to monitor and evaluate the performance of federal institutions in providing access to information in both non-digital and digital forms.

1.2 The federal government should promote government-wide initiatives that would identify, locate and allow for a single-window access to federal information holdings in a digital format (e.g., Government Information Locator Service [GILS]). This initiative would be complementary to Recommendations 3.1 under Common Issues of Intellectual Property and 4.1 to 4.2 under Identification of Standards and Best Practices.

As digitized content becomes more available and replaces printed material, sorting and accessing the desired information becomes increasingly complex. The current proliferation of information sources, identification tools and acquisition methods remains a deterrent to effective and efficient access to Canadian content for the majority of Canadians. Therefore, it is important to build on existing core government communications initiatives such as GILS.

As a mechanism for identifying and describing government information resources, GILS assists the public in accessing government information. The Treasury Board Secretariat and the interdepartmental GILS Subgroup are coordinating a GILS Pilot Project within the federal government to determine if the GILS record is sufficient to describe and provide access to government information resources; to evaluate the GILS record creation tool and central GILS record repository; and to help departments and agencies identify requirements for creating, maintaining and updating GILS records. The Preliminary Report of the Canadian GILS Subgroup and GILS Pilot Project, February 1997, is available at the GILS Web site.

1.3 Advancements in information technology present opportunities to enhance access for all Canadians to federal information holdings. This is particularly important for disadvantaged or special-needs groups, including low-income earners, residents in rural and remote areas, persons with disabilities, and third-language users (e.g., Aboriginal language speakers). To enhance access the federal government should:

a. undertake studies to determine the needs of disadvantaged and special-needs segments of the population;

b. develop guidelines for providing digital information that has been adapted to suit different subsets of the intended audience (disadvantaged and special needs). Success stories of digitization in meeting special needs should be recognized through appropriate incentives.

In terms of meeting special needs for accessing information, conventional communication methods have tended to be relatively limited. In general, any new technology providing an interface to information resources is liable to present challenges to disadvantaged or special-needs groups. Often, access for these groups is not considered during the content design phase of projects. It is imperative, therefore, to consider the needs of these groups in the dissemination of digital information.

The Diversity Management Directorate (DMD) of the Public Service Commission of Canada provides Web Site Self-Evaluation tools as a practical guide to help Web site designers ensure that sites are accessible—for example, to people with disabilities such as blindness.

1.4 The federal government should develop a system of authentication for digitized Canadian government information to ensure that users are accessing authentic information. This initiative is complementary to Recommendation 3.1 (c) under Common Issues of Intellectual Property.

Users of information are concerned with the authenticity and quality of on-line information. It may be useful for certain federal institutions to develop systems of authentication relating to government information in their specific areas. For example, information technology allows digital signatures to be attached to documents. These digital signatures enable users to be confident that the information they have accessed is an authentic and unmodified expression of its author.

1.5 The federal government should strengthen the technical infrastructure required by the National Library of Canada and the National Archives of Canada to ensure preservation of and long-term access to federal digital information. In addition to strengthening the technical infrastructure, is will be important to develop guidelines and strategies to assist federal institutions in fulfilling the legal requirements for supporting the mandate of the National Library and the National Archives in recognition of the new parameters of the digital environment.

The National Library and the National Archives have a mandate to acquire, make accessible and preserve electronic publications and records for current access and for the use of future generations. Further development of technical infrastructure is required for the National Library and the National Archives to support electronic document management, electronic storage, and searching and preservation of the range of federal information in electronic formats from all departments and agencies. Development tools and platforms are required to permit the Library and the Archives to support applications needed to ensure long-term accessibility and preservation of a comprehensive and technically diverse collection of electronic publications and records. The infrastructure must provide a solid technical foundation and must be flexible enough to both allow enhancement in a rapidly evolving technical environment and to accommodate dramatically escalating growth.

³ Digital products, used interchangeably with digital projects, was referred to in the survey as: a common grouping of digitized information, developed and/or acquired by a government organization for a specific purpose (e.g., a collection of literature or a collection of digitized holdings, excluding inter-office and administrative correspondence). The description of digitization used in this report is much broader (see the Introduction and Annex 6: Glossary).

⁴ Whereas this report is concerned largely with issues related to the content of federal information, the federal government is attempting to ensure through other initiatives that all Canadians have access to information technology hardware (e.g., Community Access Points).

⁵ Annex 3 provides a quick reference to federal information legislation and policy relevant to this topic.

⁶ Technology neutral means not favouring one technology over another (as described in the Information Highway Advisory Council’s final report, Preparing Canada for a Digital World, September 1997, p. 13).