Annual Report to Parliament on the Administration of the Access to Information Act 2019-20

Annual Report to Parliament on the Administration of the Access to Information Act 2019-20 PDF Version (1.4 MB)

Table of contents

• Introduction
  • The Access to Information Act
• Overview of Public Safety Canada
  • Mandate, Mission and Vision
  • Three Essential Roles of the Department
• Organizational Structure
  • Public Safety Canada
  • The Public Safety Portfolio: Partner Agencies and Review Bodies
  • The Access to Information and Privacy (ATIP) Office
  • Service Agreements Under Section 96 of the Access to Information Act
• Delegation of Authority
• Highlights of the Statistical Report and Multi-Year Trends
  • Overview of the Statistical Report
  • ATIP Request Volume and Workload
  • Requests Received under the Access to Information Act
  • Source of Requests
  • Extensions
  • Completion Times
  • Disposition of Requests
  • Consultations from other Institutions
  • The Impacts of the COVID-19 Pandemic
  • Challenges/Complexities
• Training and Awareness
  • Training
  • Awareness
• Policies, Guidelines or Procedures and Initiatives
• Summary of Key Issues and Actions Taken on Complaints, Audits or Investigations
• Appeals to the Court
• Monitoring Compliance
• Annex A: Delegation Orders
• Annex B: Statistical Report
• Annex C: Supplemental Statistical Report – Requests affected by COVID-19 measures

Introduction

Each fiscal year, the head of every government institution prepares and submits an annual report to Parliament on the administration of the Access to Information Act.

This report is tabled in Parliament in accordance with section 94(2) of the Access to Information Act under the direction of the Minister of Public Safety and Emergency Preparedness. The report describes how Public Safety administered and fulfilled its obligations under the Access to Information Act between April 1, 2019, and March 31, 2020.

The Access to Information Act

The Access to Information Act came into force on July 1, 1983 and was amended by Bill C-58 on June 21, 2019. It gives Canadian citizens and permanent residents as well as persons and corporations physically present in Canada, an enforceable right of access to records under the control of a government institution. The purpose of the Access to Information Act is to
enhance the accountability and transparency of federal institutions in order to promote an open and democratic society and to enable public debate on the conduct of those institutions.

The Access to Information Act is based on three main principles:

• Government information should be available to the public;
• Exceptions to the right of access should be limited and specific; and,
• Decisions about disclosures should be reviewable independently of government.

Individuals who are not satisfied with how an institution has processed their request under the Access to Information Act, may submit a complaint to the Office of the Information Commissioner of Canada.

Overview of Public Safety Canada

Public Safety Canada was created in 2003 to ensure coordination across all federal departments and agencies responsible for national security and the safety of Canadians.

Mandate, Mission and Vision

Our mandate is to keep Canadians safe from a range of risks such as natural disasters, crime and terrorism. Our mission is to build a safe and resilient Canada. Our vision is to, through outstanding leadership, achieve a safe and secure Canada and strong and resilient communities.

Three Essential Roles of the Department

• Support the Minister’s responsibility for all matters related to public safety and emergency management not assigned to another federal organization;
• Exercise leadership at the national level for national security and emergency preparedness; and,
• Support the Minister’s responsibility for the coordination of entities within the Public Safety Portfolio.

Organizational Structure

Public Safety Canada

The department is organized into five branches: Emergency Management and Programs, Community Safety and Countering Crime, Portfolio Affairs and Communications, National and Cyber Security, and Corporate Management. The department also has a Chief Audit and Evaluation Executive and is supported by the Legal Services Unit.

Five Regional Offices represent the Atlantic, Quebec, Ontario, the Prairies and British Columbia and the North. The regional offices are the primary point of contact for the Department at the provincial level. They deliver a coordinated federal response to emergencies; facilitate the effective delivery of emergency management, Indigenous policing and crime prevention programs; and improve partnerships with other levels of government and key regional stakeholders.

The Public Safety Portfolio: Partner Agencies and Review Bodies

The Canada Border Services Agency (CBSA) manages the nation's borders by enforcing Canadian laws governing trade and travel, as well as international agreements and conventions. CBSA facilitates legitimate cross-border traffic and supports economic development while stopping people and goods that pose a potential threat to Canada.

The Canadian Security Intelligence Service (CSIS) investigates and reports on activities that may pose a threat to the security of Canada. CSIS also provides security assessments, on request, to all federal departments and agencies.

The Correctional Service of Canada (CSC) helps protect society by encouraging offenders to become law-abiding citizens while exercising reasonable, safe, secure and humane control. CSC is responsible for managing offenders sentenced to two years or more in federal correctional institutions and under community supervision.

The Parole Board of Canada (PBC) is an independent body that grants, denies or revokes parole for inmates in federal prisons and provincial inmates in provinces without their own parole board. The PBC helps protect society by facilitating the timely reintegration of offenders into society as law-abiding citizens.

The Royal Canadian Mounted Police (RCMP) enforces Canadian laws, prevents crime and maintains peace, order and security.

The Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC) investigates complaints from the public about the conduct of members of the RCMP in an open, independent and objective manner. The Commission also holds public hearings and conducts research and policy development to improve the public complaints process.

The Office of the Correctional Investigator (OCI) conducts independent, thorough and timely investigations about issues related to Correctional Service Canada. The OCI may initiate an investigation based on a complaint from (or on behalf of) an offender, as the result of a ministerial request, or on its own initiative.

The RCMP External Review Committee (ERC) is an independent agency that promotes fair and equitable labour relations within the RCMP. The Committee conducts an independent review of appeals in disciplinary, discharge and demotion matters, as well as certain kinds of grievances.

The Access to Information and Privacy (ATIP) Office

The ATIP Office is part of Public Safety Canada’s ATIP and Executive Services Division within the Department’s Portfolio Affairs and Communications Branch. The Director of ATIP and Executive Services, supported by one Administrative Assistant, is responsible for ATIP as well as Ministerial Correspondence and Secretariat Services. The ATIP Office consists of 13 full-time employees and consists of two streams of ATIP-related work: the ATIP Operations Unit and the Privacy Policy and Training Unit (PPTU).

The ATIP Office is responsible for the coordination and implementation of policies, guidelines and procedures to ensure departmental compliance with the Access to Information Act and the Privacy Act. The team is also responsible for responding to requests made under the Acts, as well as providing the following services to the Department:

• Processing consultations received from other institutions;
• Providing advice and guidance to employees and senior officials on ATIP related matters such as privacy impact assessments (PIA) and privacy breaches;
• Producing the Annual Reports to Parliament;
• Delivering ATIP awareness sessions to departmental employees;
• Coordinating regular updates to Public Safety’s Info Source publication;
• Reviewing departmental documents, such as audits and evaluations, prior to proactively disclosing these on the departmental website;
• Developing departmental procedures for processing ATIP requests;
• Proactively publishing information in accordance with Part 2 of the Access to Information Act;
• Releasing copies of previously completed Access to Information Act requests using the informal request process; and,
• Participating in forums for the ATIP community, such as the Treasury Board Secretariat’s ATIP Community meetings and working groups.

Figure 1: ATIP and Executive Services Division Organization Chart

Image Description

The figure illustrates the organizational structure of the ATIP and Executive Services Division. The Director of the ATIP and Executive Services Division is supported by one Administrative Assistant. The Director also has the Manager of ATIP Operations, the Manager of the Privacy Policy and Training Unit (PPTU) as well as the Manager of Secretariat Services and the Manager of the Ministerial Correspondence Unit as direct reports. The ATIP Office consists of 13 full-time positions including the Manager of ATIP Operations and the Manager of the PPTU. The Manager of ATIP Operations and the Manager of the PPTU manage two separate streams of the ATIP Office. These streams are:

1. The ATIP Operations Unit which includes the Manager of ATIP Operations, two ATIP Team Leaders, five Senior ATIP Analysts, one ATIP Analyst, one Junior ATIP Analyst, and one ATIP Administrative Officer. The ATIP Team Leaders and the ATIP Administrative Officer report to the Manager. The Junior ATIP Analyst reports to the Manager for administrative tasks and to the first ATIP Team Leader for operational tasks. Two Senior ATIP Analysts and the ATIP Analyst also report to the first ATIP Team Leader. The other three Senior ATIP Analysts report to the second ATIP Team Leader.
2. The PPTU which includes the Manager of the PPTU and one Senior Advisor who reports to the Manager of the PPTU.

Service Agreements Under Section 96 of the Access to Information Act

Public Safety was not a party to any service agreements under section 96 of the Access to Information Act during the fiscal year.

Delegation of Authority

The Minister of Public Safety and Emergency Preparedness is responsible for how the department administers and complies with the Access to Information Act, the Access to Information Regulations and Treasury Board of Canada Secretariat policy instruments. Section 95(1) of the Access to Information Act gives the Minister the authority to designate one or more officers or employees of Public Safety to exercise or perform all, or part, of the Minister’s powers, duties, and functions under the Act.

Public Safety’s current delegation order for the Access to Information Act was signed by the Minister of Public Safety and Emergency Preparedness on January 8, 2016. The signed Delegation Order is attached in Annex A. This designation replaces all previous delegation orders.

The Public Safety positions that are authorized to perform the powers, duties, and functions given to the Minister of Public Safety and Emergency Preparedness as head of a government institution under the provisions of the Access to Information Act and its regulations are the following:

Deputy Minister

• Full Authority

Associate Deputy Minister

• Full Authority

Assistant Deputy Minister, Portfolio Affairs and Communications

• Authority to apply subsection 4(2.1), sections 13 to 26, paragraph 35(2)(b) and section 69 of the Access to Information Act

Director General, Cabinet and Parliamentary Affairs, and Executive Services

• Authority to apply subsection 4(2.1), sections 13 to 26, paragraph 35(2)(b) and section 69 of the Access to Information Act

Director, ATIP and Executive Services

• Full Authority

Manager, ATIP Operations

• Full Authority

Team Leaders, ATIP Operations

• Authority to apply subsection 4(2.1), section 9 and subsections 11(2)(3)(4)(5)(6) of the Access to Information Act as well as subsections 7(1) and 7(3) of Access to Information Regulations.

Analysts, ATIP Operations

• Authority to apply subsection 4(2.1), section 9 and subsections 11(2)(3)(4)(5)(6) of the Access to Information Act as well as subsections 7(1) and 7(3) of Access to Information Regulations.

Highlights of the Statistical Report and Multi-Year Trends

Annex B provides a statistical report on Access to Information Act requests processed by Public Safety Canada between April 1, 2019 and March 31, 2020. The following explains and interprets the statistical information, and identifies multi-year trends. 

Overview of the Statistical Report

In 2019-2020, Public Safety Canada received 366 requests under the Access to Information Act, a decrease of approximately 22.6 per cent over the previous year. This year, Public Safety Canada completed 99.0 per cent of access to information (ATI) requests on time. It took the department an average of 73 days to process a request made under the Access to Information Act. For the past five consecutive years, Public Safety has completed 99.5 per cent of access to information requests on time.

ATIP Request Volume and Workload

In 2019-2020, the total number of requests received under the Access to Information Act and the Privacy Act decreased by 9.5 per cent and the total number of pages processed decreased by 19.9 per cent. The following table and chart demonstrate the ATIP workload over the past five years.

Figure 2: ATIP Request Volume

Image Description

The figure shows a line graph illustrating the data found in Table 1: ATIP Volume and Workload, regarding the volume of Access to Information (ATI) and Privacy requests and consultations received by Public Safety Canada. The graph shows four lines. The first line shows the number of ATI requests received by Public Safety Canada over the five fiscal years from 2015-2016 to 2019-2020. The second line shows the number of ATI consultations received from other institutions during the same period. The third line shows the number of Privacy requests received by Public Safety Canada during the same period. The fourth line shows the number of Privacy consultations received from other institutions during the same period.

Figure 3: ATIP Page Volumes

Image Description

The figure shows a line graph illustrating the data found in Table 3: ATIP Page Volumes, regarding the volume of pages processed by Public Safety Canada. The graph shows one line. The line illustrates the volume of pages processed over the five fiscal years from 2015-2016 to 2019-2020.

Requests Received under the Access to Information Act

Public Safety Canada received 366 new Access to Information Act requests through the fiscal year, representing a decrease of approximately 22.6 per cent over the number of requests received the previous year (473). There were 105 requests carried forward from the previous fiscal year, resulting in a total of 471 requests to process. Of these requests, 404 were completed during the reporting year, while the remaining 67 requests were carried forward to the next reporting year.

Source of Requests

The media was the primary source of requests received by Public Safety Canada. Of the 366 requests received:

• 32.2 per cent of requests (118) were received from the media;
• 14.8 per cent of requests (54) were received from members of the public;
• 6.3 per cent of requests (23) were received from academia;
• 4.9 per cent of requests (18) were received from organizations;
• 1.9 per cent of requests (7) were received from businesses; and,
• 39.9 per cent of requests (146) were received from those who declined to identify.

Extensions

Section 9 of the Access to Information Act allows institutions to extend the legal deadline for processing a request if a search for responsive records cannot be completed within 30 days of receipt of the request, or if the institution must consult with other institutions or third parties.

Public Safety Canada plays a role in coordinating activities which engage the partner agencies and review bodies within the Public Safety portfolio as well as with other federal institutions and organizations at all levels of government on matters relating to the safety of Canadians. Extensions are therefore often necessary in order to undertake the required consultations. A total of 276 extensions were taken during the fiscal year, of these:

• Ten files were extended for 30 days or less;
• 33 files were extended for 31 to 60 days;
• 104 files were extended for 61 to 120 days;
• 26 files were extended for 121 to 180 days;
• 25 files were extended for 181 to 365 days; and,
• Nine extended for 365 days or more.

Extensions taken because of interference with operations resulted in:

• Eight files being extended for 30 days or less;
• Nine files being extended for 31 to 60 days;
• Five files being extended for 61 to 120 days;
• Two files being extended for 121 to 180 days;
• One file being extended for 181 to 365 days; and,
• Two files being extended for 365 days or more.

Completion Times

This fiscal year, 54 per cent of requests under the Access to Information Act were completed within 30 days, which represents a slight decrease from last fiscal year’s 56 per cent. The average number of days taken to process a request was 73 days which is the same as last fiscal year’s average of 73 days.

Disposition of Requests

Of the 404 completed requests:

• 45 requests were disclosed without exemptions applied;
• 243 requests were disclosed in part;
• 14 requests were exempted in their entirety;
• 17 requests were excluded in their entirety;
• 15 requests were transferred;
• 15 requests were abandoned;
• 55 requests where no records existed;
• Zero requests where the existence of records was neither confirmed nor denied and,
• Zero requests where the institution declined to act on a request, with the approval of the Information Commissioner.

In total 979 exemptions and 378 exclusions were applied under the Access to Information Act this fiscal year. The most frequently used sections are:

• Section 15 was applied in 12.4 per cent of instances;
• Section 16 was applied in 7.2 per cent of instances;
• Section 19 was applied in 35.4 per cent of instances;
• Section 21 was applied in 21.3 per cent of instances;
• Section 23 was applied in 9.2 percent of instances;
• Section 69 was applied in 16.1 percent of instances; and
• Various other sections were applied in 7.2 percent of instances.

Figure 4: Access to Information Act sections applied for exemptions and exclusions during this fiscal year

Image Description

The figure is a bar graph that illustrates the sections of the Access to Information that were most frequently applied to exempt or exclude information from requests during this fiscal year. The percentage of each section applied is as follows: section 15 was applied in 12.4 per cent of instances; section 16 was applied in 7.2 per cent of instances; section 19 was applied in 35.4 per cent of instances; section 21 was applied in 21.3 per cent of instances; section 23 was applied in 9.2 percent of instances; section 69 was applied in 16.1 percent of instances; and various other sections were applied in 7.2 percent of instances.

Consultations from other Institutions

Public Safety Canada received 256 new consultation requests under the Access to Information Act. There were six requests carried forward from the previous fiscal year, resulting in a total of 262 requests to process. Of these requests, 251 were completed during the reporting year, while the remaining 11 requests were carried forward to the next reporting year.

The Impacts of the COVID-19 Pandemic

On March 16, 2020, Public Safety Canada’s ATIP Office shifted to working remotely in response to the COVID-19 pandemic.  Some of the challenges encountered during the period from March 16, 2020 to March 31, 2020 include:

• Initial challenges in setting up new business processes to accommodate remote working;
• Inability to review certain records that could not be processed remotely;
• Delays in receiving consultation responses from other federal organizations whose operations were similarly restricted due to the COVID-19 situation;
• In some cases, program areas being tasked to retrieve records were already fully engaged in leading Canada’s response to the COVID-19 situation, and therefore faced challenges responding to requests; and,
• Some staff faced challenges balancing telework with other responsibilities, including care of children following closure of schools and daycares.

Challenges/Complexities

Public Safety’s ATIP Office experienced several additional challenges during the fiscal year:

• Due to Public Safety Canada’s policy coordination role, consultations with partner organizations are often required to properly review responsive records, which can increase the time needed to respond to requests. Additionally, partner organizations often require more time to process consultations because of an increase of requests in the system overall. In some cases, this has increased the length of extensions required.
• The sharing of highly classified information with other ATIP offices has presented a challenge, as not all offices have networks that can securely handle these records. These materials must then be hand delivered, creating inefficiency in both time and resources.
• While the department maintained a 99 per cent on time rate while reviewing approximately 134,000 pages, approximately 348,000 pages were carried over into the next fiscal year. The majority of the records carried over are related to 13 complex files with multi-year timelines. These files include:
• One file with over 90,000 pages being processed;
• One file with over 75,000 pages being processed;
• Three files with over 25,000 pages being processed;
• Two files with over 10,000 pages being processed; and,
• Six files with over 5,000 pages being processed.

It is anticipated that the review of these records will remain a significant challenge to the operations of the ATIP Office, given the complexity and volume of the records.

Training and Awareness

Training

This fiscal year, the ATIP Office provided 15 training or information sessions on the Access to Information Act and Privacy Act. A variety of subject matters were presented, fromretrieving and reviewing records in response to an Access to Information (ATI) request, to proactive publication. A grand total of 397 people attended these sessions.

An additional 148 Public Safety employees completed the online course, Access to Information and Privacy Fundamentals (I015), this fiscal year. This course is offered by the Canada School of Public Service and is mandatory for all new employees joining Public Safety Canada.

Awareness

This fiscal year, the ATIP Office has also raised ATIP awareness through the department’s internal communications vehicles, publishing three articles in the department’s internal newsletter, and updating the department’s intranet site.

Policies, Guidelines or Procedures and Initiatives

Public Safety’s ATIP office developed a new Privacy Impact Assessment Guideline during this fiscal year. Public Safety’s statement of completeness form for ATIP requests was also updated.

Summary of Key Issues and Actions Taken on Complaints, Audits or Investigations

Public Safety Canada received notice of 23 new complaints to the Office of the Information Commissioner on 11 files. There were:

• 10 complaints related to exemptions;
• One related to excluded information;
• Nine related to denial of access;
• One related to delay (deemed refusal);
• Two related to time extensions; and
• Zero for miscellaneous reasons.

Of the 23 complaints received:

• Four were discontinued;
• Zero were well founded;
• Zero were well founded but considered resolved without recommendations;
• Four were considered resolved;
• Two were not well founded; and,
• 13 are ongoing.

There have been no patterns or trends identified by Public Safety Canada as a result of complaints or investigations by the Office of the Information Commissioner.

Appeals to the Court

There was one appeal to the Federal Court that was included in the 2008-2009 Annual Report to Parliament. On April 25, 2019 the Federal Court of Appeal rendered its decision, dismissing the appeal.

No new appeals were received during the fiscal year.

Monitoring Compliance

Five recurring reports were prepared for the information of Senior Management during the fiscal year: the Weekly ATIP Report; the Quarterly Branch Performance Report; the Completed Request Report; the Upcoming Access to Information (ATI) Release Report; and the New Request Report. Together, these reports track a range of information including the list of new formal ATI requests received by the department each week, deadlines assigned for retrieval, and receipt and resolution of complaints. Reports were shared regularly with senior management and presented at senior management meetings within the department.

In its commitment to transparency and accountability, Public Safety Canada posts summaries of completed ATI requests on the Open Government website. In addition, ATIP performance is monitored at the ADM level through their Performance Management Agreements to ensure ATIP is a priority within the department.

Annex A: Delegation Orders

Annex B: Statistical Report

Section 1: Requests Under the Access to Information Act

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

Section 2: Decline to act - vexatious, made in bad faith, abuse of right

Section 3: Requests Closed During the Reporting Period

3.5 Complexity

3.6 Closed requests

3.7 Deemed refusals

Section 4: Extensions

Section 5: Fees

Section 6: Consultations Received From Other Institutions and Organizations

Section 7: Completion Time of Consultations on Cabinet Confidences

Section 8: Complaints and investigations

Section 9: Court actions on complaints received before June 21, 2019 and on-going

Section 10: Resources Related to the Access to Information Act

Annex C: Supplemental Statistical Report – Requests affected by COVID-19 measures

The following table reports the total number of formal requests received during two periods; 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

The following table reports the total number of requests closed within the legislated timelines and the number of closed requests that were deemed refusals during two periods 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

The following table reports the total number of requests carried over during two periods; 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Date modified:

2022-07-28