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2018–19 Annual Report on the Access to Information Act

From April 1, 2018, to March 31, 2019

Table of Content

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 of Canada (the Commissioner) pursuant to section 72 of the ATIA. On April 15, 2007, the Public Servants Disclosure Protection Act (PSDPA) came 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 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 deals with reprisal complaints from public servants coming from their disclosures or their participation in related investigations.

The Commissioner is an independent Agent of 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, for training and education, and for reporting activities.

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 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, 2018, and March 31, 2019.

There were no requests received during this reporting period and none were carried over from the previous period.

Six consultations were received from other government institutions and processed within the 30-day timeframe. Four were recommended for full release and the two others were partially released. Portions of the documents of one consultation were exempted under the following sections of the ATIA: 16.4(1)(a), 19(1) and 21(1)(a). The other consultation was partially exempted under section 16.4(1)(a). No extension was applied.

Two of these consultations dealt with statistical information provided by the Office to central agencies, one dealt with the topic of means of communications used by the Office, another one focused on the migration of institutional web-based information to the single portal Canada.ca, finally others dealt with the results of investigations carried by the Office under the PSDPA.

No translations were required to respond to requests.

Since no requests were received, the Office did not collect application fees.

The Office spent $22,475 in resources administering the ATIA.

Table 1 – Five-Year Trend of Access Requests

  2014–15 2015–16 2016–17 2017–18 2018–19
New requests received 7 44 8 2 0
Total requests processed* 11 36 24 2 0

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

Education and Training Activities

A formal training session covering both the ATIA and the Privacy Act was delivered to all PSIC employees. The session provided an overview of both Acts and covered current ATIP procedures within the Office as well as proposed administrative and legislative changes to the ATIA.

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 Related to Access to Information Complaints and/or Investigations

No complaints were received by the Office during this reporting period and the previous one. However, back in 2015–16, a significant number of requests were received, all originating from one individual who filed a corresponding number of complaints over the Office’s handling of his access to information requests. The Office recognizes one’s right of access but, since then, this peak in access requests and the handling of the resulting complaints have represented an added burden for the Office. Resolution of the remaining complaints is expected in the 2019–20 reporting period.

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

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 the Access to Information Act
Deputy Commissioner Full Authority
ATIP Coordinator Full Authority


I name Denis Bilodeau as Access to Information and Privacy Coordinator.

Date: June 28, 2018

Signed by: Joe Friday, Public Sector Integrity Commissioner

Appendix B

Statistical Report

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

Reporting Period: 2018-04-01 to 2019-03-31

Part 1: Requests under the Access to Information Act
1.1 Number of Requests
  Number of Requests
Received during reporting period 0
Outstanding from previous reporting period 0
Total 0
Closed during reporting period 0
Carried over to next reporting period 0
1.2 Sources of Requests
Source Number of Requests
Media 0
Academia 0
Business (private sector) 0
Organization 0
Public 0
Decline to Identify 0
Total 0
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

Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.

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 0 0 0 0 0
Disclosed in part 0 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
No records exist 0 0 0 0 0 0 0 0
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0
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 0
14(a) 0
14(b) 0
15(1) 0
15(1) – I.A. Footnote I.A.* 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) 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) 0
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) 0
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) 0
21(1)(b) 0
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 0
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) 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)(g) re (f) 0
69.1(1) 0
2.4 Format of Information Released
Disposition Paper Electronic Other Formats
All disclosed 0 0 0
Disclosed in part 0 0 0
Total 0 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 0 0 0
Disclosed in part 0 0 0
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
Neither confirmed nor denied 0 0 0
2.5.2 Relevant Pages Processed and Disclosed by Size of Requests
Disposition Fewer than 100 Pages Processed 101–500 Pages Processed 501–1,000 Pages Processed 1,001–5,000 Pages Processed More than 5,000 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 0 0 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 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 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 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
0 0 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 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 0 0
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 0 0 0 0
Disclosed in part 0 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 0 0 0 0
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 0 0 0 0
31 to 60 days 0 0 0 0
61 to 120 days 0 0 0 0
121 to 180 days 0 0 0 0
181 to 365 days 0 0 0 0
365 days or more 0 0 0 0
Total 0 0 0 0
Part 4: Fees
Fee Type Fee Collected Fee Waived or Refunded
Number of
Requests		 Amount Number of
Requests		 Amount
Application 0 $0 0 $0
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 0 $0 0 $0
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 the reporting period 6 44 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 6 44 0 0
Closed during the reporting period 6 44 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
Disclose entirely 4 0 0 0 0 0 0 4
Disclose in part 2 0 0 0 0 0 0 2
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institutions 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 6 0 0 0 0 0 0 6
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
Disclose entirely 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institutions 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 Fewer than 100 Pages Processed 101–500 Pages Processed 501–1,000 Pages Processed 1,001–5,000 Pages Processed More than 5,000 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 Fewer than 100 Pages Processed 101–500 Pages Processed 501–1,000 Pages Processed 1,001–5,000 Pages Processed More than 5,000 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
0 0 0 0
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 $6,100
Overtime $0
Goods and Services $16,375
  • Professional services contracts
 $16,125  
  • Other
 $250
Total $22,475
9.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.02
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.07
Students 0.00
Total 0.09
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