Annual Report to Parliament on the Administration of the Access to Information Act 2020-2021

Annual Report to Parliament on the Administration of the Access to Information Act 2020-2021 PDF Version (3,445 KB)

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, 2020, and March 31, 2021.

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,  providing  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:

1. Government information should be available to the public;
2. Exceptions to the right of access should be limited and specific; and
3. 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 the Correctional Service of 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 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 Organization Chart illustrates the 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, four Senior ATIP Analysts, two ATIP Analysts, 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 two Senior ATIP Analysts and the other ATIP Analyst 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 July 21, 2020. The signed Delegation Order is attached in Annex A. This designation replaces all previous delegation orders.

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, has granted full authority to the Deputy Minister of Public Safety, the Associate Deputy Minister, the Assistant Deputy Minister of Portfolio Affairs and Communication Branch, the Director General of Cabinet and Parliamentary Affairs and Executive Services, the Director of ATIP and Executive Services, as well as the ATIP Manager. ATIP Operations Team Leaders and ATIP Analysts possess authority for Sections 4(2.1), 9 and 11(2) of the Access to Information Act and 7(2) and 7(3) of the 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, 2020 and March 31, 2021. The following explains and interprets the statistical information, and identifies multi-year trends. 

Overview of the Statistical Report

In 2020-2021, Public Safety Canada received 407 requests under the Access to Information Act, an increase of  approximately 11.2 per cent over the previous year. This year, Public Safety Canada completed 90.4 per cent of access to information (ATI) requests on time. It took the department an average of 55 days to process a request made under the Access to Information Act. Over the past five consecutive years, and including fiscal year 2020-2021, Public Safety has an average on-time completion rate of 97.5 per cent for access to information requests.

ATIP Request Volume and Workload

In 2020-2021, the total number of requests received under the Access to Information Act and the Privacy Act decreased by 17.6 per cent and the total number of pages processed decreased by 71.5 per cent. The decrease in pages processed is related to the circumstances of the pandemic, which are described later in this report. The following table and chart demonstrate the ATIP workload over the past five years.

Figure 2: ATIP Request Volume

Image Description

Figure 2: ATIP Request Volumes, presents a bar graph representing the data found in Table 1: ATIP Volume and Workload, which illustrates the volume of Access to Information (ATI) and Privacy requests and consultations received by Public Safety Canada. The graph shows four groups of five columns each. The first group of columns shows the number of ATI requests received by Public Safety Canada over the five fiscal years from 2016-2017 to 2020-2021. The second group shows the number of ATI consultations received from other institutions during the same period. The third group shows the number of Privacy requests received by Public Safety Canada during the same period. The fourth group 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 bar graph illustrating the volume of Access to Information and Privacy pages processed by Public Safety Canada. The graph shows five bars. The bars describe the volume of pages processed over the five fiscal years from 2016-2017 to 2020-2021 and illustrate the current trends.

Requests Received under the Access to Information Act

Public Safety Canada received 407 new Access to Information Act requests through the fiscal year, representing an increase of  approximately 11.2 per cent over the number of requests received the previous year (366). There were 67 requests carried forward from the previous fiscal year, resulting in a total of 474 requests to process. Of these requests, 177 were completed during the reporting year, while the remaining 297 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 407 requests received:

• 28.7 per cent of requests (117) were received from the media;
• 25.8 per cent of requests (105) were received from businesses;
• 21.9 per cent of requests (89) were received from those who declined to identify;
• 17.2 per cent of requests (70) were received from members of the public;
• 6.4 per cent of requests (26) were received from academia; and
• No  requests were received from organizations.

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 103 extensions were taken during the fiscal year, of these:

• Ten files were extended for 30 days or less;
• 21 files were extended for 31 to 60 days;
• 41 files were extended for 61 to 120 days;
• 16 files were extended for 121 to 180 days;
• Four files were extended for 181 to 365 days; and
• Four extended for 365 days or more.

Extensions taken because of interference with operations resulted in:

• Four files being extended for 30 days or less; and
• Two files being extended for 121 to 180 days.

Completion Times

This fiscal year, 64 per cent of requests under the Access to Information Act were completed within 30 days, which represents an increase from last fiscal year’s 54 per cent. The average number of days taken to process a request was 55 days which is a decrease from last fiscal year’s average of 73 days.

Disposition of Requests

Of the 177 completed requests:

• 22 requests were disclosed without exemptions applied;
• 81 requests were disclosed in part;
• Two requests were exempted in their entirety;
• Zero requests were excluded in their entirety;
• Five requests were transferred;
• 13 requests were abandoned;
• 54 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.

Of the 177 completed requests, 12.4 per cent of requests had records that were entirely  disclosed, and 45.8 per cent of requests had records that were disclosed in part.

Consultations from other Institutions

Public Safety Canada received 118 new consultation requests under the Access to Information Act. There were 11 requests carried forward from the previous fiscal year, resulting in a total of 129 requests to process. Of these requests, 114 were completed during the reporting year, while the remaining 15 requests were carried forward to the next reporting year.

The Impacts of the COVID-19 Pandemic

Between April 1, 2020 and  March 31, 2021 Public Safety Canada’s ATIP Office has continued to  work remotely in response to the COVID-19 pandemic.  This has resulted in a number of challenges, including:

• Inability to review certain records that could not be processed by employees working remotely;
• Continued delays in receiving consultation responses from other federal organizations whose operations were similarly restricted due to the COVID-19 situation;
• Some staff continued to face challenges balancing telework with other responsibilities, including care of children following closure of schools and daycares;
• Higher proactive publication volumes than seen in previous years, as a result of a substantial increase in Parliamentary Committee appearances related to COVID-19; and
• A significant increase in work by the Public Safety ATIP Office as a result of five Parliamentary Committee motions for the production of papers that were received and processed by the ATIP Office during the year.

To meet these challenges, the following mitigation measures were put in place:

• Establishment of electronic solutions to allow employees to work remotely on files classified Protected B and below;
• New electronic processes for retrieving documents from Offices of Primary Interest (OPIs);
• Development of new online training in ATIP processes for Public Safety employees;
• Implementation of digital networking software, allowing for better communication between the ATIP Office and OPIs;
• Ongoing collaboration between the ATIP Office and OPIs to adjust processes throughout the year, in response to emerging challenges; and
• Ongoing collaboration between the Public Safety ATIP Office and other federal organizations to ensure a coordinated response to files of mutual interest, such as proactive publication and Parliamentary Committee motions for the production of papers.

As a result of these measures, and despite the significant challenges posed by the pandemic, the ATIP Office was able to close 177 requests and 114 consultations during the fiscal year, and to maintain a compliance rate of 90.4% on files that were closed during the year. 

Files containing records that cannot be accessed by employees working remotely are being triaged until such time as it is safe for employees to return to the office. Of the 474 requests the ATIP Office was required to process, 297 (or 63%) are being carried into the 2021-2022 fiscal year. Where possible, the ATIP Office has made arrangements to provide requesters with interim releases of materials that could be retrieved and processed remotely. This means that in many cases, substantial progress was still able to be made towards completing files, even in cases where some records remained to be processed and therefore the files could not yet be fully closed.

In addition, regular meetings were held throughout the year with the Office of the Information Commissioner, to ensure ongoing awareness of Public Safety’s approach and mitigation measures, and to identify and address any areas of concern that arose during the year.

Throughout, the physical and mental health of employees continued to be a primary focus, while balancing our obligations under the Access to Information Act.

Challenges/Complexities

In addition to issues that arose in relation to the pandemic, 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. Prior to the pandemic, this was already a challenge area in cases where these limitations increased the length of extensions required. During the pandemic, many organizations have faced additional challenges conducting consultations, which has added to the issues faced by the department when consultations are required.
• Approximately 401,706 pages were carried over into the next fiscal year. While some of these records related to files that could not be processed remotely due to the pandemic, the majority of the pages carried over are related to 12 complex files with multi-year timelines. These files include:
  • Two files 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
  • Four 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

Public Safety Canada remains committed to promoting awareness and providing ongoing training opportunities to all employees. Training is based on the needs and knowledge base of each employee.  Training has been conducted in both group and one-on-one sessions,  depending on demand. This fiscal year, the ATIP Office provided nine training or information sessions on the Access to Information Act and Privacy Act. A variety of subject matters were presented, such as retrieving and reviewing records in response to an Access to Information (ATI) request as well as requirements for proactive publication. A total of 203 people attended these sessions. Due to the pandemic, training numbers were reduced as a result of the time required to shift to an online training model using digital platforms such as MS Teams. The Public Safety ATIP Office and employees are now fully equipped to deliver and receive training via online methods, which will result in higher numbers going forward.

Additionally, 230 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 raised ATIP awareness through the department’s internal communications vehicles, publishing three articles in the department’s internal newsletter, securing a monthly spot in the Administrative Professional’s Network newsletter, and by  updating various sections of the department’s intranet site.

Policies, Guidelines or Procedures and Initiatives

This past fiscal year, Public Safety’s ATIP Office implemented new electronic processes for handling ATIP requests classified Protected B and below, in order to maintain processing of these files by employees working remotely. In addition, the departmental Privacy Impact Assessment tool was updated, and Proactive Publication guidelines and procedures were also updated and enhanced. 

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

Public Safety Canada received notice of 21 new complaints to the Office of the Information Commissioner on 16 files. There were:

• Six complaints related to exemptions;
• 11 related to denial of access;
• Three related to delay (deemed refusal); and
• One for miscellaneous reasons.

Of the 21 complaints received:

• Two were discontinued;
• One was well founded;
• One was considered resolved;
• One was not well founded; and
• 16 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 were no appeals to the Federal Court to report for fiscal year 2020-2021.

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

The Minister of Public Safety and Emergency Preparedness, pursuant to section 95(1) of the Access to Information Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Minister as the head of Public Safety and Emergency Preparedness, under the provisions of the Access to Information Act and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders.

Dated, at the City of Ottawa, this 21st day of July, 2020.

The Honourable William Sterling Blair, P.C., C.O.M., M.P.
Minister of Public Safety and Emergency Preparedness

Annex B: Statistical Report

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

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 or abuse of right requests

Section 3: Requests Closed During the Reporting Period

* I.A.:  International Affairs       Def.:  Defence of Canada       S.A.:  Subversive Activities

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

Note: Enter values to three decimal places.

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; 2020-04-01 to 2010-03-31

Date modified:

2022-07-28