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2019–20 Annual Report on the Access to Information Act

From April 1, 2019, to March 31, 2020

Click to view the Report in PDF.

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 of Canada (the Commissioner) pursuant to section 72 of the Access to Information Act and to section 20 of the Service Fees Act.

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 Annual Statistical Report

Appendix B provides a statistical report on the ATIA applications processed by the Office between April 1, 2019, and March 31, 2020.

There were three formal requests received and closed during this reporting period, two of which required an extension under paragraph 9(1)(a) of the ATIA. None was carried over from the previous period. All three requests originated from the public and none was an informal request.

One request was fully exempted under the provisions of paragraph 16.4(1)(a) of the ATIA while the two other requests were partially exempted under the provisions of paragraph 16(1)(c) and subsection 19(1).

Some 668 pages were processed of which 664 were fully disclosed. The records of one request were provided on paper and the other electronically.

No fees were collected for these requests since these were received from the Government’s ATIP portal. Should fees have been collected, the Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.

No request of a vexatious, bad faith or abusive of right nature was received, and no fees were collected.

Ten consultations were received from other government institutions and processed within the 30-day timeframe. Nine were recommended for full release and one for partial release. Portions of the documents of the consultation recommended for partial release were exempted under the provisions of subsection 19(1) of the ATIA.

No translations were required to respond to the requests.

The Office spent $16,928 in resources administering the ATIA.

Table 1 – Five-Year Trend of Access Requests

Fiscal yearNew requests receivedTotal requests processed*
2015–164436
2016–17824
2017–1822
2018–1900
2019–2033

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

Interpretation of the Supplemental Statistical Report

Appendix C provides a statistical report on the COVID-19 measures applied by the Office between March 1 and 31, 2020.

There were no requests, formal or informal, nor any consultations received during this COVID-19 period.

Education and Training Activities

A formal briefing session covering the Bill C-58 amendments to the ATIA was delivered to all PSIC employees. The session also provided an overview of both the Access to Information Act and the Privacy Act.

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.

One complaint was received by the Office of the Information Commissioner and it is pending investigation by this Office. Furthermore, as referred to in the report of the previous period, the complaints still remaining from the 2015–16 period were resolved in this 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

Delegation Letter
Text version

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 name Denis Bilodeau as Access to Information and Privacy Coordinator.

(Original signed by)

Joe Friday
Public Sector Integrity Commissioner

June 28, 2018

Appendix B – Annual Statistical Report

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

Reporting Period: 2019-04-01 to 2020-03-31

Section 1: Requests under the Access to Information Act

1.1 Number of Requests

 Number of Requests
Received during reporting period3
Outstanding from previous reporting period0
Total3
Closed during reporting period3
Carried over to next reporting period0

1.2 Sources of Requests

SourceNumber of Requests
Media0
Academia0
Business (private sector)0
Organization0
Public3
Decline to Identify0
Total3

1.3 Informal Requests

Completion Time
1–15 days16–30 days31–60 days61–120 days121–180 days181–365 daysMore than 365 daysTotal
00000000

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

Section 2: Decline to Act on Vexatious, Made in Bad Faith or Abuse of Right Requests

 Number of Requests
Outstanding from previous reporting period0
Sent during reporting period0
Total0
Approved by the Information Commissioner during reporting period0
Declined by the Information Commissioner during reporting period0
Carried over to next reporting period0

Section 3: Requests Closed during the Reporting Period

3.1 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 disclosed00000000
Disclosed in part00110002
All exempted10000001
All excluded00000000
No records exist00000000
Request transferred00000000
Request abandoned00000000
Neither confirmed nor denied00000000
Decline to act with the approval of the Information Commissioner00000000
Total10110003

3.2 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)1
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
16.310
16.4(1)(a)1
16.4(1)(b)0
16.50
16.60
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)0
21(1)(b)0
21(1)(c)0
21(1)(d)0
220
22.1(1)0
230
23.10
24(1)0
260

3.3 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

3.4 Format of Information Released

PaperElectronicOther
110

3.5 Complexity

3.5.1 Relevant Pages Processed and Disclosed
Number of Pages ProcessedNumber of Pages DisclosedNumber of Requests
6686643
3.5.2 Relevant Pages Processed and Disclosed by Size of Requests
DispositionFewer than 100 Pages Processed101–500 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 disclosed0000000000
Disclosed in part1160016480000
All exempted1000000000
All excluded0000000000
Request abandoned0000000000
Neither confirmed nor denied0000000000
Total2160016480000
3.5.3 Other Complexities
DispositionConsultation RequiredAssessment of FeesLegal Advice SoughtOtherTotal
All disclosed00000
Disclosed in part00000
All exempted00000
All excluded00000
Request abandoned00000
Neither confirmed nor denied00000
Total00000

3.6 Closed Requests

3.6.1 Number of Requests Closed within Legislated Timelines
Number of requests closed within legislated timelines1
Percentage of requests closed within legislated timelines (%)33.3

3.7 Deemed Refusals

3.7.1 Reasons for Not Meeting Statutory Deadline
Number of Requests Closed Past the Statutory DeadlinePrincipal Reason
Interference with Operations / WorkloadExternal ConsultationInternal ConsultationOther
22000
3.7.2 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 days000
16–30 days000
31–60 days000
61–120 days022
121–180 days000
181–365 days000
More than 365 days000
Total022

3.8 Requests for Translation

Translation RequestsAcceptedRefusedTotal
English to French000
French to English000
Total000

Section 4: Extensions

4.1 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 disclosed0000
Disclosed in part2000
All exempted0000
All excluded0000
No records exist0000
Request abandoned0000
Total2000

4.2 Length of Extensions

Length of Extensions9(1)(a) Interference with Operations9(1)(b) Consultation9(1)(c) Third-Party Notice
Section 69Other
30 days or less0000
31–60 days1000
61–120 days1000
121–180 days0000
181–365 days0000
365 days or more0000
Total2000

Section 5: Fees

Fee TypeFee CollectedFee Waived or Refunded
RequestsAmountRequestsAmount
Application0$00$0
Other fees0$00$0
Total0$00$0

Section 6: Consultations Received from Other Institutions and Organizations

6.1 Consultations Received from Other Government of Canada Institutions and Organizations

ConsultationsOther Government of Canada InstitutionsNumber of Pages to ReviewOther OrganizationsNumber of Pages to Review
Received during the reporting period103600
Outstanding from the previous reporting period0000
Total103600
Closed during the reporting period103600
Carried over to next reporting period0000

6.2 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 entirely90000009
Disclose in part10000001
Exempt entirely00000000
Exclude entirely00000000
Consult other institutions00000000
Other00000000
Total1000000010

6.3 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

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

Number of DaysFewer than 100 Pages Processed101–500 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

7.2 Requests with Privy Council Office

Number of DaysFewer than 100 Pages Processed101–500 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

Section 8: Complaints and Investigations

Section 32

Notice of Intention to Investigate

Section 30(5)

Ceased to Investigate

Section 35

Formal Representations

Section 37

Reports of Finding Received

Section 37

Reports of Finding Containing Recommendations Issued by the Information Commissioner

Section 37

Reports of Finding Containing Orders Issued by the Information Commissioner

100000

Section 9: Court Action

9.1 Court Actions on Complaints Received Before June 21, 2019, and Ongoing

Section 41

(before June 21, 2019)

Section 42Section 44
000

9.2 Court Actions on Complaints Received After June 21, 2019

Section 41 (after June 21, 2019)
Complainant (1)Institution (2)Third Party (3)Privacy Commissioner (4)Total
00000

10.1 Costs

ExpendituresAmount
Salaries$6,100
Overtime$0
Goods and Services$10,828
  • Professional service contracts
$10,628 
  • Other
$200
Total$16,928

10.2 Human Resources

ResourcesPerson Years Dedicated to Access to Information Activities
Full-time employees0.02
Part-time and casual employees0.00
Regional staff0.00
Consultants and agency personnel0.05
Students0.00
Total0.07

Appendix C – Supplemental Statistical Report

Requests ReceivedNumber of Requests
Received from 2019-04-01 to 2020-03-133
Received from 2020-03-14 to 2020-03-310
Total3
Requests ClosedNumber of Requests Closed Within the Legislated TimelinesNumber of Requests Closed Past the Legislated Timelines
Received from 2019-04-01 to 2020-03-13 and outstanding from previous reporting periods12
Received from 2020-03-14 to 2020-03-3100
Total12
Requests Carried OverNumber of Requests
Requests received from 2019-04-01 to 2020-03-13 and outstanding from the previous reporting period that were carried over to the 2020–21 reporting period0
Requests received from 2020-03-14 to 2020-03-31 that were carried over to the 2020–21 reporting period0
Total0
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