2016-2017 Annual Report on the Access to Information Act

From April 1, 2016 to March 31, 2017

 

Introduction

Description of the Institution's Structure

Delegation

Interpretation of the Statistical Report

Education and Training Activities

Overview of New or Revised Institutional Policies, Guidelines and Procedures

Key Issues Related to Access to Information Complaints and/or Investigations

Time Monitoring for Processing Access to Information Requests

Appendix A

Appendix B

 

Introduction

The Access to Information Act (ATIA – the Act) gives Canadians the broad legal right to information contained in federal government records.

The Act provides government institutions with 30 days to respond to access requests. Additional time may be granted if there are many records to examine, other government agencies to be consulted, or third parties to be notified. Access rights are subject to specific and limited exemptions.

This annual report to Parliament is submitted by the Public Sector Integrity Commissioner (the Commissioner) pursuant to section 72 of the ATIA. On April 15, 2007, the Public Servants Disclosure Protection Act (PSDPA) entered into force. It created the Office of the Public Sector Integrity Commissioner of Canada (the Office). The new legislation replaced the Treasury Board Policy on the Internal Disclosure of Information Concerning Wrongdoing in the Workplace.

The Office of the Public Sector Integrity Commissioner is mandated to establish a safe, independent, and confidential process for public servants and members of the public to disclose potential wrongdoing in the federal public sector. The Office also helps to protect from reprisal public servants who have filed disclosures or participated in related investigations.

The Public Sector Integrity Commissioner is an independent agent, reporting directly to Parliament.

Description of the Institution's Structure

The Access to Information and Privacy (ATIP) Coordinator is the only employee dedicated, on a part-time basis, to fulfil the Access to Information Act responsibilities. The Coordinator is assisted by a contractor for the processing of the requests.

Delegation

The Commissioner, as the head of the government institution, has designated, pursuant to section 73 of the ATIA, the persons holding the positions set out in the delegation order, or the persons occupying on an acting basis those positions, to exercise the powers, duties or functions of the Public Sector Integrity Commissioner as specified therein. A copy of the delegation order is included in Appendix A.

Interpretation of the Statistical Report

Appendix B provides a statistical report on the ATIA applications processed by the Office between April 1, 2016 and March 31, 2017.

The number of requests received this reporting period is consistent with what was seen in previous years, with the exception of the 2013-14 reporting year (see table 1). The Office received eight new requests in this reporting period, mostly from the public, and sixteen requests were carried over from the previous period for a total of twenty four requests. One of the eight new requests was abandoned and nine of the sixteen carried over were also abandoned. All remaining requests were completed during this reporting period. Of these, six of the seven new requests were completed on time and the seventh was completed past the extension period.

Four consultations were received from other government institutions and processed within the 30 day timeframe. Three were recommended for full release and the fourth one for partial.

Portions of the documents requested were exempted under the following sections of the ATIA: 16.4(1)(a), 19(1), 21(1)(a), 21(1)(b), and 23. Fourteen extensions were applied under section 9(1)(a) of the ATIA and one under section 9(1)(b).

No translations were required to respond to the requests. The Office collected $40 in fees and spent $37,100.00 in resources administering the ATIA.

Table 1- Five-year trend of access requests

Table 1- Five-year trend of access requests

*Total requests processed include any requests carried over from previous reporting periods.

Text version

This graphic is a line graph that illustrates the new requests received and total requests processed from fiscal years 2012-13 to 2016-17. Number of requests are presented in along the y axis, increasing in increments of 5. These are graphed against fiscal years from 2012–13 to 2016–17 on the x axis.

  2012-13 2013-14 2014-15 2015-16 2016-17
New requests received 3 19 7 44 8
Total requests processed 7 20 11 36 24

Education and Training Activities

Training on access to information was provided to PSIC employees throughout the reporting period on an ad hoc basis. A training curriculum for employees, inclusive of an ATIP module, is under consideration for development in the next reporting period.

Overview of New or Revised Institutional Policies and Procedures

There were no new or revised institutional policies or procedures implemented in the reporting period that had an impact on access to information.

Key Issues Relating to Access to Information Complaints and/or Investigations

Thirteen complaints were received by the Office during this reporting period and the previous one. The majority of these complaints were received from the same individual. The tabling of these multiple complaints followed business-related decisions taken by the Commission that affected the complainant. Most of these complaints are still under investigation by the Information Commissioner. The Commission will complete an analysis of this situation once all complaints have been resolved.

Time Monitoring for Processing Access to Information Requests

Though no formal time monitoring was conducted during the reporting period, the Office uses a case management system to track processing times regarding access to information requests. This tool assists the Access to Information and Privacy Coordinator and the contractor dedicated to this function in monitoring timelines to ensure compliancy with legislated deadlines.

 

Appendix A

Access to Information Act Delegation Order


The Public Sector Integrity Commissioner of Canada, as the head of the government institution, hereby designates pursuant to section 73 of the Access to Information Act, the person holding the position set out below, or the persons occupying on an acting basis those positions, to exercise the powers, duties or functions of the Public Sector Integrity Commissioner as specified below.

 

Position Sections of Access to Information Act
Deputy Commissioner Full Authority
ATIP Coordinator Full Authority

 

I name France Duquette as Access to Information and Privacy Coordinator.

Date: May 10, 2017

Signed by: Joe Friday, Public Sector Integrity Commissioner

 

Appendix B - 2016-17 Statistical Report

Statistical Report on the Access to Information Act

Name of institution: Office of the Public Sector Integrity Commissioner of Canada

Reporting period: 04/01/16 to 03/31/17

Part 1 – Requests under the Access to Information Act
1.1 Number of Requests
  Number of Requests
Received during reporting period 8
Outstanding from previous reporting period 16
Total 24
Closed during reporting period 24
Carried over to next reporting period 0

 

1.2 Sources of requests
Source Number of Requests
Media 1
Academia 0
Business (private sector) 1
Organization 0
Public 6
Decline to Identify 0
Total 8

 

1.3 Informal requests
Completion Time

1 to 15 days

16 to 30 days

31 to 60 days

61 to 120 days

121 to 180 days

181 to 365 days

More Than 365 days

Total

0

0

0

0

0

0

0

0

 


Part 2 – Requests Closed During the Reporting Period
2.1 Disposition and completion time
Disposition of requests Completion Time
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
All disclosed 0 0 0 3 1 0 0 4
Disclosed in part 1 0 0 0 4 0 0 5
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 1 0 0 1 0 0 2
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 0 9 0 1 1 2 0 13
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 1 10 0 4 7 2 0 24

 

2.2 Exemptions
Section Number of requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 0
14(a) 0
14(b) 0
15(1) — I.A.Footnote * 0
15(1) — Def.Footnote * 0
15(1) — S.A.Footnote * 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0
16(2)(a) 0
16(2)(b) 0
16(2)(c) 0
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 0
16.1(1)(c) 0
16.1(1)(d) 0
16.2(1) 0
16.3 0
16.4(1)(a) 8
16.4(1)(b) 0
16.5 0
17 0
18(a) 0
18(b) 0
18(c) 0
18(d) 0
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 1
20(1)(a) 0
20(1)(b) 0
20(1)(b.1) 0
20(1)(c) 0
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 2
21(1)(b) 2
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 7
24(1) 0
26 0
Footnotes

Footnote *I.A.: International Affairs (Return to footnote * referrer)

Footnote * Def.: Defence of Canada (Return to footnote * referrer)

Footnote * S.A.: Subversive Activities (Return to footnote * referrer)

 

2.3 Exclusions
Section Number of requests
68(a) 0
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1)(a) 0
69(1)(b) 0
69(1)(c) 0
69(1)(d) 0
69(1)(e) 0
69(1)(f) 0
69(1)(g) re (a) 0
69(1)(g) re (b) 0
69(1)(g) re (c) 0
69(1)(g) re (d) 0
69(1)(g) re (e) 0
69.1(1) 0

 

2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 4 0 0
Disclosed in part 5 0 0
Total 9 0 0

 

2.5 Complexity
2.5.1 Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 324 324 4
Disclosed in part 2651 1022 5
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 6837 0 13
Neither confirmed nor denied 0 0 0

 

2.5.2 Relevant pages processed and disclosed by size of request
Disposition Less than 100 pages processed 101–500 pages processed 501–1000 pages processed 1001–5000 pages processed More than 5000 pages processed
Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed
All disclosed 2 266 2 58 0 0 0 0 0 0
Disclosed in part 3 150 2 872 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 13 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0    
Total 18 416 4 930 0 0 0 0 0 0

 

2.5.3 Other complexities
Disposition Consultation required Assessment of fees Legal advice sought Other Total
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 0 0 0 0 0

 

2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline
Number of requests closed past the statutory deadline Principal Reason
Workload External consultation Internal consultation Other
9 9 0 0 0

 

2.6.2 Number of days past deadline
Number of days past deadline Number of requests past deadline where no extension was taken Number of requests past deadline where an extension was taken Total
1 to 15 days 0 2 2
16 to 30 days 0 0 0
31 to 60 days 0 2 2
61 to 120 days 0 2 2
121 to 180 days 1 2 3
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 1 8 9

 

2.7 Requests for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

 

Part 3 – Extensions
3.1 Reasons for extensions and disposition of requests
Disposition of requests where an extension was taken 9(1)(a)
Interference with operations
9(1)(b)
Consultation
9(1)(c)
Third party notice
Section 69 Other
All disclosed 4 0 0 0
Disclosed in part 5 0 0 1
All exempted 0 0 0 0
All excluded 4 0 0 0
No records exist 1 0 0 0
Request abandoned 0 0 0 0
Total 14 0 0 1

 

3.2 Length of extensions

 

Length of extensions 9(1)(a)
Interference with operations
9(1)(b)
Consultation
9(1)(c)
Third party notice
Section 69 Other
30 days or less 2 0 0 1
31 to 60 days 2 0 0 0
61 to 120 days 10 0 0 0
121 to 180 days 2 0 0 0
181 to 365 days 0 0 0 0
365 days or more 0 0 0 0
Total 14 0 0 1

 

Part 4 – Fees
Fee Type Fee Collected Fee Waived or Refunded
Number of
requests
Amount Number of
requests
Amount
Application 8 $40 1 $5
Search 0 $0 0 $0
Production 0 $0 0 $0
Programming 0 $0 0 $0
Preparation 0 $0 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 0 $0
Total 8 $40 1 $5

 

Part 5 – Consultations Received From Other Institutions and Organizations
5.1 Consultations received from other Government of Canada institutions and organizations
Consultations Other Government of Canada institutions Number of pages to review Other organizations Number of pages to review
Received during reporting period 4 8 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 4 8 0 0
Closed during the reporting period 4 8 0 0
Pending at the end of the reporting period 0 0 0 0

 

5.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation Number of days required to complete consultation requests
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
All disclosed 2 1 0 0 0 0 0 3
Disclose in part 0 1 0 0 0 0 0 1
All exempted 0 0 0 0 0 0 0 2
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 2 2 0 0 0 0 0 4

 

5.3 Recommendations and completion time for consultations received from other organizations
Recommendation Number of days required to complete consultation requests
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
All disclosed 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0   0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

 

Part 6 Completion Time of Consultations on Cabinet Confidences
6.1 Requests with Legal Services
Number of Days Less than 100 pages processed 101–500 pages processed 501–1000 pages processed 1001–5000 pages processed More than 5000 pages processed
Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

 

6.2 Requests with Privy Council Office
Number of Days Less than 100 pages processed 101–500 pages processed 501–1000 pages processed 1001–5000 pages processed More than 5000 pages processed
Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

 

Part 7 Complaints and Investigations
Section 32 Section 35 Section 37 Total
13 4 0 17

 

Part 8  Court Action
Section 41 Section 42 Section 44 Total
0 0 0 0

 

Part 9  Resources Related to the Access to Information Act
9.1 Costs
Expenditures Amount
Salaries $18,000
Overtime $0
Goods and Services $19,100
Professional services contracts $17,500  
Other $1,600
Total $37,100

 

9.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.35
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.40
Students 0.00
Total 0.75