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2016–17 Annual Report on the Access to Information Act

From April 1, 2016, to March 31, 2017

Table of Contents

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.

Five-Year Trend of Access Requests

Fiscal YearNew Requests ReceivedTotal Requests Processed*
2012–1337
2013–141920
2014–15711
2015–164436
2016–17824

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

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 – Delegation Order

Date: May 10, 2017

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.

PositionSections of the Access to Information Act
Deputy CommissionerFull Authority
ATIP CoordinatorFull Authority

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

(Original 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: 2016-04-01 to 2017-03-31

Part 1: Requests under the Access to Information Act

1.1 Number of Requests

 Number of Requests
Received during reporting period8
Outstanding from previous reporting periods16
Total24
Closed during reporting period24
Carried over the next reporting period0

1.2 Sources of Requests

SourceNumber of Requests
Media1
Academia0
Business (private sector)1
Organization0
Public6
Decline to identify0
Total8

1.3 Informal Requests

Completion Time
1–15 Days16–30 Days31–60 Days61–120 Days121–180 Days181–365 DaysMore than 365 DaysTotal
00000000

Part 2: Requests Closed During the Reporting Period

2.1 Disposition and Completion Time

Disposition of RequestsCompletion Time
1–15 Days16–30 Days31–60 Days61–120 Days121–180 Days181–365 DaysMore than 365 DaysTotal
All disclosed00031004
Disclosed in part10004005
All exempted00000000
All excluded00000000
No records exist01001002
Request transferred00000000
Request abandoned090112013
Neither confirmed nor denied00000000
Total1100472024

4.2 Exemptions

SectionNumber of Requests
13(1)(a)0
13(1)(b)0
13(1)(c)0
13(1)(d)0
13(1)(e)0
140
14(a)0
14(b)0
15(1)0
15(1) – International Affairs0
15(1) – Defence of Canada0
15(1) – Subversive Activities0
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
16.30
16.4(1)(a)8
16.4(1)(b)0
16.50
170
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
20.10
20.20
20.40
21(1)(a)2
21(1)(b)2
21(1)(c)0
21(1)(d)0
220
22.1(1)0
237
24(1)0
260

2.3 Exclusions

SectionNumber of Requests
68(a)0
68(b)0
68(c)0
68.10
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

DispositionPaperElectronicOther Formats
All disclosed400
Disclosed in part500
Total900

2.5 Complexity

2.5.1 Relevant Pages Processed and Disclosed
Disposition of RequestsNumber of Pages ProcessedNumber of Pages DisclosedNumber of Requests
All disclosed3243244
Disclosed in part2,5611,0225
All exempted000
All excluded000
Request abandoned6,837013
Neither confirmed or denied000
2.5.2 Relevant Pages Processed and Disclosed by Size of Requests
DispositionLess than 100 Pages Processed100–500 Pages Processed501–1,000 Pages Processed1,001–5,000 Pages ProcessedMore than 5,000 Pages Processed
Number of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages Disclosed
All disclosed2266258000000
Disclosed in part31502872000000
All exempted0000000000
All excluded0000000000
Request abandoned13000000000
Neither confirmed nor denied0000000000
Total184164930000000
2.5.3 Other Complexities
DispositionConsultation RequiredAssessment of FeesLegal Advice SoughtOtherTotal
All disclosed00000
Disclosed in part00000
All exempted00000
All excluded00000
Request abandoned00000
Neither confirmed nor denied00000
Total00000

2.6 Deemed Refusals

2.6.1 Reasons for Not Meeting Legislated Timelines
Number of Requests Closed Past the Statutory DeadlinePrincipal Reason
WorkloadExternal ConsultationInternal ConsultationOther
99000
2.6.2 Number of Days Past Deadline
Number of Days Past DeadlineNumber of Requests Past Deadline where No Extension Was TakenNumber of Requests Past Deadline where an Extension Was TakenTotal
1–15 Days022
16–30 Days000
31–60 Days022
61–120 Days022
121–180 Days123
181–365 Days000
More than 365 Days000
Total189

2.7 Requests for Translation

Translation RequestsAcceptedRefusedTotal
English to French000
French to English000
Total000

Part 3: Extensions

3.1 Reasons for Extensions and Disposition of Requests

Disposition of Requests where an Extension Was Taken9(1)(a) Interference with Operations9(1)(b) Consultation9(1)(c) Third-Party Notice
Section 69Other
All disclosed4000
Disclosed in part5001
All exempted0000
All excluded4000
No records exist1000
Request abandoned0000
Total14001

3.2 Length of Extensions

Length of Extensions9(1)(a) Interference with Operations9(1)(b) Consultation9(1)(c) Third-Party Notice
Section 69Other
30 days or less2001
31–60 days2000
61–120 days10000
121–180 days0000
181–365 days0000
365 days or more0000
Total14001

Part 4: Fees

Fee TypeFee CollectedFee Waived or Refunded
Number of RequestsAmountNumber of RequestsAmount
Application8$401$5
Search0$00$0
Production0$00$0
Programming0$00$0
Preparation0$00$0
Alternative format0$00$0
Reproduction0$00$0
Total8$401$5

Part 5: Consultations Received from Other Institutions and Organizations

5.1 Consultations Received from Other Government of Canada Institutions and Other Organizations

ConsultationsOther Government of Canada InstitutionsNumber of Pages to ReviewOther OrganizationsNumber of Pages to Review
Received during the reporting period4800
Outstanding from the previous reporting period0000
Total4800
Closed during the reporting period4800
Pending at the end of the reporting period0000

5.2 Recommendations and Completion Time for Consultations Received from Other Government of Canada Institutions

RecommendationNumber of Days Required to Complete Consultation Requests
1–15 Days16–30 Days31–60 Days61–120 Days121–180 Days181–365 DaysMore than 365 DaysTotal
Disclose entirely21000003
Disclose in part01000001
Exempt entirely00000000
Exclude entirely00000000
Consult other institutions00000000
Other00000000
Total22000004

5.3 Recommendations and Completion Time for Consultations Received from Other Organizations

RecommendationNumber of Days Required to Complete Consultation Requests
1–15 Days16–30 Days31–60 Days61–120 Days121–180 Days181–365 DaysMore than 365 DaysTotal
Disclose entirely00000000
Disclose in part00000000
Exempt entirely00000000
Exclude entirely00000000
Consult other institutions00000000
Other00000000
Total00000000

Part 6: Completion Time of Consultations on Cabinet Confidences

6.1 Requests with Legal Services

Number of DaysFewer than 100 Pages Processed100–500 Pages Processed501–1,000 Pages Processed1,001–5,000 Pages ProcessedMore than 5,000 Pages Processed
Number of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages Disclosed
1–150000000000
16–300000000000
31–600000000000
61–1200000000000
121–1800000000000
181–3650000000000
More than 3650000000000
Total0000000000

6.2 Requests with Privy Council Office

Number of DaysFewer than 100 Pages Processed100–500 Pages Processed501–1,000 Pages Processed1,001–5,000 Pages ProcessedMore than 5,000 Pages Processed
Number of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages Disclosed
1–150000000000
16–300000000000
31–600000000000
61–1200000000000
121–1800000000000
181–3650000000000
More than 3650000000000
Total0000000000

Part 7: Complaints and Investigations

Section 32Subsection 35Section 37Total
134017

Part 8: Court Action

Section 41Section 42Section 44Total
0000

9.1 Allocated Costs

ExpendituresAmount
Salaries$18,000
Overtime$0
Goods and services$19,100
  • Professional service contracts
$17,500
  • Other
$1,600
Total$37,100

9.2 Human Resources

ResourcesPerson Years Dedicated to Access to Information Activities
Full-time employees0.35
Part-time and casual employees0
Regional staff0
Consultants and agency personnel0.40
Students0
Total0.75
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