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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 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 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 Year New Requests Received Total Requests Processed *
2016–17 8 24
2017–18 2 2
2018–19 0 0
2019–20 3 3
2020–21 6 6

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.

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

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.

Position Sections of the Access to Information Act
Deputy Commissioner Full Authority – pre and post C-58
ATIP Coordinator Full 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 period 6
Outstanding from previous reporting period 0
Total 6
Closed during reporting period 6
Carried over to next reporting period 0

1.2 Sources of Requests

Source Number of Requests
Media 0
Academia 1
Business (private sector) 0
Organization 0
Public 5
Decline to Identify 0
Total 6

1.3 Informal Requests

Completion Time
1–15 days 16–30 days 31–60 days 61–120 days 121–180 days 181–365 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.

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

  Number of Requests
Outstanding from previous reporting period 0
Sent during reporting period 0
Total 0
Approved by the Information Commissioner during reporting period 0
Declined by the Information Commissioner during reporting period 0
Carried over to next reporting period 0

Section 3: Requests Closed during the Reporting Period

3.1 Disposition and Completion Time

Disposition of Requests Completion Time
1–15 days 16–30 days 31–60 days 61–120 days 121–180 days 181–365 days More than 365 days Total
All disclosed 0 2 0 0 0 0 0 2
Disclosed in part 0 0 1 0 0 0 0 1
All exempted 0 1 0 0 0 0 0 1
All excluded 0 0 0 0 0 0 0 0
No records exist 2 0 0 0 0 0 0 2
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
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 2 3 1 0 0 0 0 6

3.2 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 ** 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) 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
16.3 0
16.31 0
16.4(1)(a) 1
16.4(1)(b) 1
16.5 0
16.6 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) 0
21(1)(b) 0
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 0
23.1 0
24(1) 0
26 0

3.3 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

3.4 Format of Information Released

Paper Electronic Other
3 0 0

3.5 Complexity

3.5.1 Relevant Pages Processed and Disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
408 76 4
3.5.2 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 2 52 0 0 0 0 0 0 0 0
Disclosed in part 0 0 1 24 0 0 0 0 0 0
All exempted 0 0 1 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 2 52 2 24 0 0 0 0 0 0
3.5.3 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 1 0 1
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 1 0 1

3.6 Closed Requests

3.6.1 Number of Requests Closed within Legislated Timelines
Number of requests closed within legislated timelines 5
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 Deadline Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
1 1 0 0 0
3.7.2 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
1–15 days 1 0 1
16–30 days 0 0 0
31–60 days 0 0 0
61–120 days 0 0 2
121–180 days 0 0 0
181–365 days 0 0 0
More than 365 days 0 0 0
Total 1 0 1

3.8 Requests for Translation

Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Section 4: Extensions

4.1 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 1 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 1 0 0 0

4.2 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 1 0 0 0
31–60 days 0 0 0 0
61–120 days 0 0 0 0
121–180 days 0 0 0 0
181–365 days 0 0 0 0
365 days or more 0 0 0 0
Total 1 0 0 0

Section 5: Fees

Fee Type Fee Collected Fee Waived or Refunded
Requests Amount Requests Amount
Application 4 $20 2 $10
Other fees 0 $0 0 $0
Total 4 $20 2 $10

Section 6: Consultations Received from Other Institutions and Organizations

6.1 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 7 32 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 7 32 0 0
Closed during the reporting period 7 32 0 0
Carried over to next reporting period 0 0 0 0

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

Recommendation Number of Days Required to Complete Consultation Requests
1–15 days 16–30 days 31–60 days 61–120 days 121–180 days 181–365 days More than 365 days Total
Disclose entirely 7 0 0 0 0 0 0 7
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 7 0 0 0 0 0 0 7

6.3 Recommendations and Completion Time for Consultations Received from Other Organizations

Recommendation Number of Days Required to Complete Consultation Requests
1–15 days 16–30 days 31–60 days 61–120 days 121–180 days 181–365 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

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 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
1–15 0 0 0 0 0 0 0 0 0 0
16–30 0 0 0 0 0 0 0 0 0 0
31–60 0 0 0 0 0 0 0 0 0 0
61–120 0 0 0 0 0 0 0 0 0 0
121–180 0 0 0 0 0 0 0 0 0 0
181–365 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

7.2 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
1–15 0 0 0 0 0 0 0 0 0 0
16–30 0 0 0 0 0 0 0 0 0 0
31–60 0 0 0 0 0 0 0 0 0 0
61–120 0 0 0 0 0 0 0 0 0 0
121–180 0 0 0 0 0 0 0 0 0 0
181–365 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

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
0 0 0 0 0 0

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 42 Section 44
0 0 0

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
0 0 0 0 0

Section 10: Resources Related to the Access to Information Act

10.1 Costs

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

10.2 Human Resources

Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.030
Part-time and casual employees 0.000
Regional staff 0.000
Consultants and agency personnel 0.050
Students 0.000
Total 0.080

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 mail 52
Able to receive requests by email 52
Able to receive requests through the digital request service 52

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 Capacity Partial Capacity Full Capacity Total
Unclassified Paper Records 0 0 52 52
Protected B Paper Records 0 0 52 52
Secret and Top Secret Paper Records 0 0 52 52

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

  No Capacity Partial Capacity Full Capacity Total
Unclassified Electronic Records 0 0 52 52
Protected B Electronic Records 0 0 52 52
Secret and Top Secret Electronic Records 0 0 52 52
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