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2020–21 Annual Report on the Access to Information Act

From April 1, 2020, to March 31, 2021

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 ATIA. On April 15, 2007, the Public Servants Disclosure Protection Act 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 Coordinator is the only employee dedicated, on a part-time basis, to fulfil the ATIA 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, 2020, and March 31, 2021.

Six formal requests received and closed during this reporting period, one of which required an extension under section 9(1)(a) of the ATIA. Five of these requests originated from the public and one from academia. None were carried over from the previous period and none were informal requests.

Two requests were fully disclosed, one request was partially exempted under the provisions of section 16.4(1)(b) of the ATIA, and another one was fully exempted under section 16.4(1)(a). The two remaining requests were transferred to another institution.

Some 408 pages were processed of which 76 were fully disclosed. These records were provided on paper, none electronically.

Fees were collected for four of the requests and those for the remaining two were waived.

No translations were required to respond to the requests.

No requests of a vexatious, bad faith or abusive of right nature were received.

Seven consultations consisting of 32 pages were received from other federal government institutions and processed within the allocated timeframe. No exemptions were recommended to be applied under the ATIA. No consultations were received from other sources.

The Office spent some $15,900 in resources administering the ATIA.

Five-Year Trend of Access Requests

Fiscal YearNew Requests ReceivedTotal Requests Processed*
2016–17824
2017–1822
2018–1900
2019–2033
2020–2166

*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 April 1, 2020, and March 31, 2021.

Education and Training Activities

No formal briefing sessions covering the provisions of the ATIA were delivered to PSIC employees as a group during this reporting period. However, advice was provided on an individual basis as required.

Overview of New or Revised Institutional Policies and Procedures

No new or revised institutional policies or procedures were implemented during this reporting period which would have had an impact on access to information.

No complaints were received from the Office of the Information Commissioner during this reporting period.

Time Monitoring for Processing Access to Information Requests

Though no formal time monitoring was conducted during this 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 95(1) 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 – pre and post C-58
ATIP CoordinatorFull Authority – pre and post C-58

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

(Original signed by)

Joe Friday
Public Sector Integrity Commissioner

February 12, 2020

Appendix B – Annual Statistical Report

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

Reporting Period: 2020-04-01 to 2021-03-31

Section 1: Requests under the Access to Information Act

1.1 Number of Requests

 Number of Requests
Received during reporting period6
Outstanding from previous reporting period0
Total6
Closed during reporting period6
Carried over to next reporting period0

1.2 Sources of Requests

SourceNumber of Requests
Media0
Academia1
Business (private sector)0
Organization0
Public5
Decline to Identify0
Total6

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 disclosed02000002
Disclosed in part00100001
All exempted01000001
All excluded00000000
No records exist20000002
Request transferred00000000
Request abandoned00000000
Neither confirmed nor denied00000000
Decline to act with the approval of the Information Commissioner00000000
Total23100006

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)1
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
300

3.5 Complexity

3.5.1 Relevant Pages Processed and Disclosed
Number of Pages ProcessedNumber of Pages DisclosedNumber of Requests
408764
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 disclosed25200000000
Disclosed in part00124000000
All exempted0010000000
All excluded0000000000
Request abandoned0000000000
Neither confirmed nor denied0000000000
Total252224000000
3.5.3 Other Complexities
DispositionConsultation RequiredAssessment of FeesLegal Advice SoughtOtherTotal
All disclosed00000
Disclosed in part00000
All exempted00101
All excluded00000
Request abandoned00000
Neither confirmed nor denied00000
Total00101

3.6 Closed Requests

3.6.1 Number of Requests Closed within Legislated Timelines
Number of requests closed within legislated timelines5
Percentage of requests closed within legislated timelines (%)83.3

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
11000
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 days101
16–30 days000
31–60 days000
61–120 days002
121–180 days000
181–365 days000
More than 365 days000
Total101

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 part0000
All exempted1000
All excluded0000
No records exist0000
Request abandoned0000
Total1000

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 less1000
31–60 days0000
61–120 days0000
121–180 days0000
181–365 days0000
365 days or more0000
Total1000

Section 5: Fees

Fee TypeFee CollectedFee Waived or Refunded
RequestsAmountRequestsAmount
Application4$202$10
Other fees0$00$0
Total4$202$10

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 period73200
Outstanding from the previous reporting period0000
Total73200
Closed during the reporting period73200
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 entirely70000007
Disclose in part00000000
Exempt entirely00000000
Exclude entirely00000000
Consult other institutions00000000
Other00000000
Total70000007

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

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

000000

Section 9: Court Action

9.1 Court Actions on Complaints Received Before June 21, 2019, and On-going

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$5,200
Overtime$0
Goods and Services$10,700
  • Professional service contracts
$10,500 
  • Other
$200
Total$15,900

10.2 Human Resources

ResourcesPerson Years Dedicated to Access to Information Activities
Full-time employees0.030
Part-time and casual employees0.000
Regional staff0.000
Consultants and agency personnel0.050
Students0.000
Total0.080

Appendix C – Supplemental Statistical Report

Section 1 - Capacity to Receive Requests

Enter the number of weeks your institution was able to receive ATIP requests through the different channels.

 Number of Weeks
Able to receive requests by mail52
Able to receive requests by email52
Able to receive requests through the digital request service52

Section 2 - Capacity to Process Records

2.1 Enter the number of weeks your institution was able to process paper records in different classification levels

 No CapacityPartial CapacityFull CapacityTotal
Unclassified Paper Records005252
Protected B Paper Records005252
Secret and Top Secret Paper Records005252

2.2 Enter the number of weeks your institution was able to process electronic records in different classification levels

 No CapacityPartial CapacityFull CapacityTotal
Unclassified Electronic Records005252
Protected B Electronic Records005252
Secret and Top Secret Electronic Records005252
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