2018 to 2019 Annual Report to Parliament: Access to Information Act

Table of contents

Introduction

I. Introduction

The purpose of the Access to Information Act (ATIA) is to provide Canadians with access to records under the control of federal institutions, except for records subject to limited and specific exemptions and exclusions.

Indigenous Services Canada (ISC) was created by Order in Council on November 30th, 2017. The orders in council made the new department subject to the ATIA through the addition of the institution to Schedule I of the ATIA.

This report reflects the access to information activities of Indigenous Services Canada from April 1, 2018 to March 31, 2019.

The annual report, submitted to Parliament pursuant to section 72 of the ATIA, describes the activities of ISC that support compliance with access to information legislation. The report details the activities and accomplishments of ISC's Access to Information and Privacy (ATIP) Directorate, including highlights such as:

  • The creation of a Privacy/Policy team; and
  • Continued training initiatives to increase departmental ATIA capacity and awareness.

Creation of Two New Departments

In August 2017, the Prime Minister announced the dissolution of Indigenous and Northern Affairs Canada and the establishment of two new departments to better meet the needs and aspirations of First Nations, Inuit and Métis Peoples. At that time, he named two Ministers to lead these new departments: a Minister of Crown-Indigenous Relations and Northern Affairs Canada and a Minister of Indigenous Services Canada.

The ATIP office provided shared services support for ISC and Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) through a Memorandum of Understanding (MOU) between the departments.

Indigenous Services Canada's Mandate

The primary mandate of Indigenous Services Canada is improving the quality of services delivered to First Nations, Inuit, and Métis Peoples. The Department will work to close socioeconomic gaps and ultimately ensure that Indigenous Peoples have control over their services and programs. The Department of Indigenous Services Canada will focus, in partnership with Indigenous peoples, on the following five interconnected priority areas: health, education, children and families, infrastructure, and a new fiscal relationship.

Indigenous Services Canada works collaboratively with partners to improve access to high quality services for First Nations, Inuit and Métis Peoples.

Our vision is to support and empower Indigenous peoples to independently deliver services and address the socio-economic conditions in their communities.

ISC has been given the responsibility to identify the best models for delivering improved services to Indigenous Peoples and improve accountability to Indigenous Peoples for the quality of services delivered by the Department.

As Canada moves towards greater Indigenous self-government, ISC will oversee the provision of existing services to Indigenous Peoples, and particularly First Nations under the Indian Act, including the provision of community infrastructure, emergency management, water, education, moneys and trusts, and registration.

The Department works in collaboration with its partners to create systemic change in how the federal government delivers health services to Indigenous Peoples.

II. Organization

ATIP Directorate at ISC

On November 30, 2017, by means of Order in Council # 2017-1464 the Department of Indigenous Services Canada was created. Effective this date, via Order in Council # 2017-1465, INAC transferred responsibility of two sectors to the new department: the Education and Social Development Programs and Partnership Sector (ESDPP) and Regional Operations Sector (RO). Under the same authority (OIC #2017-1465) the Department of Health transferred to ISC the First Nations and Inuit Health Branch (FNIHB).

Last fiscal year and by written agreement, the former INAC continued to process ATIP requests for ESDPP and RO related records in order to support continuity of service to the public.
Effective April 1, 2018, ISC assumed full responsibility for processing all requests for records relating to its programs, including requests relating to FNIHB received after November 30, 2018.

The ATIP Directorate is responsible for the administration of requests made under the ATIA and the Privacy Act (PA). It was established within the Corporate Secretariat and reports to the Corporate Secretary, who is directly accountable to the Deputy Head and is a member of the ISC Senior Management Committee. The Directorate also coordinates and implements policies, guidelines and procedures to ensure departmental compliance with the ATIA and PA. Workshop presentations, training courses and awareness sessions designed to increase access to information and privacy capacity across the Department are also provided by the ATIP Directorate.

Under a shared service MOU, all ATIP analysts processed requests for both ISC and CIRNAC. This is the first annual report to cover a full fiscal year since the creation of ISC.

The ATIP Directorate processed requests of varying volume and complexity based on their classification level. They also provide critical privacy advice for new initiatives, resulting in privacy protection in departmental programs. Policies and procedures continue to be established to ensure that privacy is considered throughout the life cycle of ISC's programs and that informed policy decisions are made concerning the collection, sharing and/or use of personal information.

They provide advice and guidance to the Department on a number of topics:

  1. The application of the ATIA and PA;
  2. The release of sensitive or protected information to the public;
  3. Departmental Privacy Impact Assessments ;
  4. Permissible disclosures of personal information pursuant to subsection 8(2) of the PA;
  5. Appropriate PA Statements on Data Collection Instruments (DCIs), i.e. forms, surveys, etc.;
  6. Updates to Info Source and the preparation and registration of Personal Information Banks and their related Classes of Records ;
  7. Protocols surrounding privacy breaches;
  8. Education and awareness of access to information and privacy issues throughout the Department; and
  9. Provide privacy advice in MOUs.

Within each of the sectors and regional offices of ISC are ATIP Liaison Officers (ALOs) who receive callouts from the ATIP Directorate and subsequently task the requests as appropriate to areas within their sector. ALOs play a crucial role in ensuring requests are clear to the record retrievers and that the appropriate records, impact statements and approvals are obtained and communicated to ATIP Directorate officials within the designated time allowances.

The Intake Team triages and coordinates the receipt of requests for information under the control of the Department made pursuant to the Access to Information Act and the Privacy Act. The Operations Team ensures that a response is provided within the legislated timeframe (30 days). All requests are monitored using the tracking system Access Pro Case Management. To do so, ATIP analysts work closely with the relevant program areas in order to ensure that all responsive documents are provided and to ensure that the information contained within those documents is treated in accordance with the Acts to allow for government records to be safely disclosed to the Canadian public.

The Privacy/Policy team is available to provide expert advice, maintain and monitor privacy risks as well as support ISC with the creation of privacy policy training.
Organizational Chart
Description of the Organizational Chart

Director's Office

The Director (EX-01), as institutional ATIP Coordinator, holds full delegated authority under the Act. The Director is supported in day-to-day administrative tasks by the Deputy Director Operations (PM-06), Deputy Director Privacy/Policy (PM-06) and an Administrative Assistant (AS-01) and in reporting and policy initiatives by the Reporting Analyst (PM-03).

Intake Team

The Intake Team is comprised of two Intake Officers (PM-01) and one Clerk (CR-04), who enter all applications into the electronic case management system, acknowledge receipt of requests, perform imaging services, interact with and respond to inquiries from the public, and are responsible for other administrative tasks.

Operations Team

The Operations Team is led by four Team Leaders (PM-05), who are responsible for the oversight of request processing by their team, including the review of completed requests. The Ops Team consists of Analysts PM-04, PM-03, and PM-02 level, who process Access and Privacy requests of varying volume and complexity, provide training and provide Access and Privacy advice.

Privacy/Policy Team

The Privacy/Policy Team is led by two Team Leaders (PM-05), who are responsible for the oversight of request processing by their team, including the review of privacy/policy requests. The Privacy/Policy Team consists of Analysts PM-04, and PM-02 level, who respond to Privacy matters (such as breaches), provide training and provide Privacy advice.

III. Delegation Order

Under section 73 of the ATIA, the Minister's authority may be delegated to departmental officials in order to administer the ATIA within ISC.

During the reporting period, the delegation order signed by Minister Jane Philpott on January 4th, 2018, was in effect (Appendix A).

Under section 73 of the ATIA, the order delegates full authority and responsibility for the ATIA to the following positions:

  • Deputy Minister
  • Associate Deputy Minister
  • Corporate Secretary
  • Departmental ATIP Coordinator

Statistics

IV. Interpretation of the Statistical Report

ISC's Statistical Report was submitted to the Treasury Board Secretariat (TBS) on May 14, 2019 (Appendix B). The Report details various aspects of the requests ISC received and processed during the period of April 1, 2018 to March 31, 2019.

Part 1. Requests under the Access to Information Act

1.1 Number of requests

In 2018-2019, ISC received 499 new requests under the Access to Information Act (Table 1.1), there were 50 carried over requests. The ATIP Directorate completed 395 requests and carried 154 requests over into the next reporting period 2019-2020. Referred to in section II of the ISC ATI annual report. (Table 1.1)

The listing of ISC's completed access to information requests can be found at: https://open.canada.ca/en/search/ati?ati%5B0%5D=ss_ati_organization_en%3AIndigenous%20Services%20Canada

Table 1.1 Number of requests
Number of Requests 2017-2018 2018-2019
Received during reporting period 110 499
Outstanding from previous reporting period 0 50
Total 110 549
Closed during reporting period 60 395
Carried over to next reporting period 50 154
1.2 Sources of requests

Of the 499 requests received during the reporting period, 149 were from media (30%); 105 were from the public (21%); 86 (17%) were from the academia, followed by 71 (14%) from businesses and 19 (4%) from organizations. 69 (14%) requesters declined to identify (Table 1.2). ISC continues to receive requests predominantly from the media and public. (Table 1.2)

Table 1.2 Sources of request for 2018-2019
Source 2017-2018 2018-2019
Public 32 105
Media 28 149
Business 19 71
Organization 12 19
Academia 17 86
Decline to Identify 2 69
Total 110 499
1.3 Informal Requests

During the 2018-2019 reporting period, there were five (5) informal requests received and completed. None were received in the previous year 2017-2018.

Part 2. Requests closed During the Reporting Period

2.1 Disposition and completion time

Of the 395 requests closed during the reporting period, ISC was able to fully or partially disclose records in 245 cases; that is, 62% of the time a request was submitted to ISC, the result was a disclosure of records. Overall, 166 (42%) of the 395 requests were closed within the statutory 30 day timeframe.

Disposition and completion time
Description of the Disposition and completion time

text

About eight percent (7.8%) of requests were abandoned by the requester, treated informally, or transferred to the appropriate government institution. There was only six (6) cases where the relevant records were fully exempted or excluded under provisions of the ATIA.

There were 229 requests that required greater than 30 days to process, 58 of which took greater than 120 days to complete.

The most frequent outcome of the requests processed during the reporting period was 'Disclosed in part', which was the result of 173 requests (43.7%), followed by 'No records exist with 113 requests (28.6%) and then followed by 'All Disclosed' which was the result of 72 requests (18.2%). (Table 2.1)

Table 2.1 Disposition and completion time of requests made under the Access to Information Act
Disposition of requests Completion Time
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
All disclosed 3 28 23 13 3 2 0 72
Disclosed in part 1 25 39 62 30 14 2 173
All exempted 0 0 1 3 0 0 0 4
All excluded 0 0 1 0 1 0 0 2
No records exist 9 76 20 6 0 1 1 113
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 17 7 1 2 1 3 0 31
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 30 136 85 86 35 20 3 395
2.2 Exemptions

The most commonly invoked exemption during the reporting period was the protection of personal information pursuant to subsection 19(1) of the ATIA, which was cited in 147 requests (Table 2.2). The next most common exemptions applied were under subsections 21(1) (operations of government) which was cited in 95 instances, and 20(1) (76 instances) which protects third party information. (Table 2.2)

Table 2.2 Number of requests closed where exemption provisions were invoked
Section Number of requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 7
13(1)(d) 0
13(1)(e) 1
14 7
14(a) 2
14(b) 1
15(1) 0
15(1) – I.A.* 0
15(1) – Def.* 0
15(1) – S.A.* 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 2
16(1)(d) 0
16(2) 12
16(2)(a) 0
16(2)(b) 0
16(2)(c) 9
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
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
17 1
18(a) 1
18(b) 2
18(c) 0
18(d) 1
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 147
20(1)(a) 1
20(1)(b) 43
20(1)(b.1) 11
20(1)(c) 8
20(1)(d) 8
20.1 5
20.2 0
20.4 0
21(1)(a) 37
21(1)(b) 34
21(1)(c) 21
21(1)(d) 3
22 3
22.1(1) 0
23 24
24(1) 1
26 0
Total: 392
* I.A.: International Affairs, Def.: Defence of Canada, S.A.: Subversive Activities
2.3 Exclusions

In 2018-2019, ISC ATIP used twelve exclusion provisions in the request completed, the most frequent was 69(1)(g) re:(a) for records relating to a Memorandum to Cabinet. (Table 2.3)

Table 2.3 Number of requests closed where exclusion provisions were applied
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) 2
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) 8
69(1)(g) re (b) 0
69(1)(g) re (c) 1
69(1)(g) re (d) 0
69(1)(g) re (e) 1
69(1)(g) re (f) 0
69.1(1) 0
Total: 12
2.4 Format of information released

Over the course of this reporting period, the majority of responses were provided to the requester in paper format. In total, ISC conveyed response packages in 132 requests (53.9% of all responses) by paper. (Table 2.4)

Table 2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 48 24 0
Disclosed in part 84 89 0
Total 132 113 0
2.5 Complexity

The following sections detail several factors affecting the complexity of requests that were completed throughout 2018-2019.

2.5.1 Relevant pages processed and disclosed

Of the 395 requests closed during the reporting period, 245 requests were either fully disclosed or disclosed in part. Only six (6) requests were all exempted or excluded. The total amount of pages disclosed was 45,947 and 127,078 processed during the reporting period. (Table 2.5.1)

Table 2.5.1 Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 21,419 20,727 72
Disclosed in part 105,172 25,220 173
All exempted 193 0 4
All excluded 36 0 2
Request abandoned 258 0 31
Neither confirmed nor denied 0 0 0
Total 127,078 45,947 282
2.5.2 Relevant pages processed and disclosed by size of requests

A majority of the requests (210 or 53%) processed 100 pages or less (Table 2.5.2). At the other end of the spectrum, five (5) requests required the review of over 1,000 pages which accounted for a total of 22,508 pages of records disclosed. With a total of 282 requests, 127,078 pages were processed over the course of the 2018-2019 fiscal year. (Table 2.5.2)

Table 2.5.2 Relevant pages processed and disclosed by size of request
Disposition Less than 100 pages processed 101-500
pages processed
501-1000
pages processed
1001-5000
pages processed
More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
All disclosed 59 1063 8 2284 2 1297 1 2291 2 13792
Disclosed in part 116 3278 44 8529 11 6988 0 0 2 6425
All exempted 3 0 1 0 0 0 0 0 0 0
All excluded 2 0 0 0 0 0 0 0 0 0
Abandoned 30 0 1 0 0 0 0 0 0 0
Neither confirmed nor denied 1 0 0 0 0 0 0 0 0 0
Total 210 4341 54 10813 13 8285 1 2291 4 20217
2.5.3 Other complexities

During the reporting period, ISC faced several challenges that contributed to the complexity of its requests. Such requests sought records pertaining to high-profile issues in the media, budget and spending information related to Indigenous groups, and allegations and complaints.

Consultations with the Department of Justice (DOJ) were completed regarding information that is subject to solicitor-client privilege. ISC also frequently consulted with other government institution such as: Environment Canada (EC), Global Affairs Canada (GAC), Health Canada (HC), Natural Resources Canada (NRCAN), the Royal Canadian Mounted Police (RCMP), etc. (Table 2.5.3)

Table 2.5.3 Other complexities
Disposition Consultation required Assessment of fees Legal advice sought Other Total
All disclosed 8 0 0 0 8
Disclosed in part 63 0 2 0 65
All exempted 4 0 0 0 4
All excluded 1 0 0 0 1
Abandoned 1 0 0 0 1
Neither confirmed nor denied 0 0 0 0 0
Total 77 0 2 0 79
2.6 Deemed refusals

During the reporting period, ISC failed to comply with statutory deadlines on 47 occasions. The reasons to fail with the statutory deadlines are: workload (30); external consultation (10); internal consultation (1) and other reasons (1).

2.7 Requests for translation

During the reporting period, there were no instances where a requester asked that responsive records be translated to another official language.

Part 3. Extensions

3.1 Reasons for extensions and disposition of requests

With a workload of 549 requests for 2018-2019 (received and carried over from previous fiscal year), a total of 229 extensions under section 9(1) of the ATIA were applied in 2018-2019. The most prevalent reason for extending deadlines during this reporting period was for interference with operations (104 times, or 45.4% of all extensions).

In cases where extensions pursuant to 9(1)(a) were taken, and records existed, the requests resulted in dispositions of 'Disclosed in part' 66% of the time. Where an extension was taken under either 9(1)(a), (b) or (c), records were fully or partially disclosed in 196 out of 229 (86%) instances (Table 3.1).

Only six (6) extensions were taken for the purpose of consulting the Departmental Legal Services Unit on potential Cabinet Confidences, for which resulted in the disclosure of records in full, part, and in one instance, abandoned by the applicant. (Figure 3.1 and Table 3.1)

Figure 3.1 Extensions and workload
Description of Figure 3.1 Extensions and workload

Text

Table 3.1 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 19 1 8 4
Disclosed in part 69 4 28 63
All exempted 1 0 2 2
All excluded 1 0 1 1
No records exist 9 0 3 2
Request abandoned 5 1 2 3
Total 104 6 44 75
3.2 Length of extensions

During the 2018-2019 fiscal year, the majority of the extensions applied during the reporting period were for less than 60 days (36.7%). (Table 3.2)

Table 3.2 Length of extensions
Length of extension 9(1)(a) Interference with Operations 9(1)(b) Consultation 9(1)(c) Third Party Notice
Section 69 Other
30 days or less 58 1 15 3
31 to 60 days 20 0 15 49
61 to 120 days 18 5 10 19
121 to 180 days 3 0 4 3
181 to 365 days 5 0 0 1
365 days or more 0 0 0 0
Total 104 6 44 75

The length of extensions applied under paragraph (a) and (b) was largely dependent on timeframes decided by the other organizations. Whenever an extension of over 30 days was applied, ISC notified the Office of the Information Commissioner (OIC).

Part 4. Fees

ISC collected $1,520 in application fees over the course of the reporting period (Table 4) and waived 80 requests for an amount of $400. (Table 4)

Table 4. Fees collected and waived
Fee Type Fee Collected Fee Waived or Refunded
# of Requests Amount # of Requests Amount
Application 304 $1,520 80 $400
Search 0 0 0 0
Production 0 0 0 0
Programming 0 0 0 0
Preparation 0 0 0 0
Alternative format 0 0 0 0
Reproduction 0 0 0 0
Total 304 $1,520 80 $400

Part 5. Consultations Received from other Institutions and Organizations

5.1 Consultations received from other Government of Canada institutions and organizations

ISC received 123 consultations for a total of 9,977 pages from other government institutions and 11 consultations from other organizations with 97 pages to review. ISC had one (1) consultations carried over from the previous year, for a total of 135 consultations in 2018-2019. (Table 5.1).

The ATIP Directorate completed 135 consultations, reviewing 10,371 pages and carried over 18 consultation requests into the 2019-2020 fiscal year.

Table 5.1 Consultation received from other Government of Canada institutions and organizations
Consultations Other government institutions # Pages to review Other organizations # Pages to review
Received during reporting period 123 9,977 11 97
Outstanding from the previous reporting period 1 297 0 0
Total 124 10,274 11 97
Closed during the reporting period 106 9,530 11 97
Pending at the end of the reporting period 18 744 0 0
5.2 Recommendations and completion time for consultations received from other Government of Canada institutions

In 2018-2019, the majority of cases (80 consultation requests, or 75% of all consultation requests) ISC recommended that the government institution disclose the consulted pages in their entirety (Table 5.2).

The bulk of consultations processed by the ATIP Directorate (93 consultation requests, or 88% of all consultation requests) were completed within 60 days of their receipt (Table 5.2). There are only 13 occurrences where ISC required longer than 60 days providing a response to the consulting institution.

Table 5.2 Consultation and completion time for consultations received from other Government of Canada institutions
Recommendations Number of days required to complete consultations
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
Disclose entirely 17 25 29 6 3 0 0 80
Disclose in part 0 10 8 1 1 2 0 22
Exempt entirely 0 0 1 0 0 0 0 1
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 1 2 0 0 0 0 3
Other 0 0 0 0 0 0 0 0
Total 17 36 40 7 4 2 0 106
5.3 Recommendations and completion time for consultations received from other organizations

In 2018-2019, ISC received 11 new consultation requests from other organizations. For the purposes of this section, other organizations include the governments of the provinces, territories and municipalities and of other countries.

All of the consultations from other organizations processed by the ATIP Directorate were completed within 60 days of their receipt (Table 5.3).

Table 5.3 Recommendations and completion time for consultations received from other organizations
Recommendations Number of days required to complete consultations
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
Disclose entirely 3 3 2 0 0 0 0 8
Disclose in part 0 0 2 0 0 0 0 2
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 1 0 0 0 0 0 1
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 3 4 4 0 0 0 0 11

Part 6. Completion time of Consultations on Cabinet Confidences

During 2018-2019, ISC sent seven (7) consultations on the application of section 69 of the ATIA to Departmental Legal Services Unit for Cabinet Confidences Consultation (Table 6). The majority of consultations on Cabinet Confidences took 121-180 days to complete (4 requests). A total of 370 pages were recommended to be disclosed. (Table 6.1)

Table 6.1 Requests with Legal Services
Disposition Less than 100 pages processed 101-500
pages processed
501-1000
pages processed
1001-5000
pages processed
More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 2 21 0 0 0 0 0 0 0 0
121 to 180 4 155 1 194 0 0 0 0 0 0
181 to 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 6 176 1 194 0 0 0 0 0 0

Throughout 2018-2019, ISC did not send any consultation requests to the Privy Council Office. (Table 6.2)

Table 6.2 Requests with Privy Council Office
Disposition Less than 100 pages processed 101-500
pages processed
501-1000
pages processed
1001-5000
pages processed
More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 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

Part 7. Complaints and Investigations

During the 2018-2019 reporting period 21 new complaints were registered with the OICagainst ISC (Table 7.1). The Treasury Board Secretariat of Canada requires institutions track in the statistical report section 32, 35 and 37 of the Access to Information Act. Section 32 is when the institution receives notice of a complaint from the OIC. Section 35 requires the institution to make representations against a complaint to the OIC. Section 37 is the formal finding of the OIC as well founded or not well found. These sections are not cumulative.

Table 7.1 Complaints and Investigation
Section 32 Section 35 Section 37 Total
21 11 10 42

Part 8. Court Action

The ATIP Directorate with ISC did not partake in any court action during this reporting period.

Part 9. Resources related to the Access to Information Act

9.1 Costs

he ATIP Directorate functioned under a shared services model to support ISC and CIRNAC. It spent a total of $1,603,740 on staffing, goods and services and was supported by 23 human resources for both Access to Information and Privacy.

Calculations for the annual reports reflect the level of effort in support ISC's responsibilities pursuant to the Acts.

In 2018-2019, ISC spent $642,084 on the administration of the ATIA and was supported by 9.20 Human Resources.(Table 9.1 and 9.2)

Figure 9.1 Resources related to the Access to Information Act
Expenditures Amount
Salaries $589,744
Overtime $1,568
Goods and Services $50,772
Professional services contracts $8,952
Other $41,820
Total $642,084
9.2 Human Resources

The Operations Unit within the ATIP Directorate consisted of 8.80 full-time equivalents (FTEs) dedicated to access to information activities (Table 9.2). Over the course of the reporting period, ISC hired 0.40 students or consultants.

Table 9.2 Human resources dedicated to the administration of the Access to Information Act
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 8.80
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.40
Total 9.20

Highlights

V. 2018-2019 Points of Interest

This past fiscal year (2018-2019) was the first full year of reporting for Indigenous Services Canada under the ATIA and the PA.

The Department continued to meet its obligations under the Acts by ensuring a compliance rate of 78% under the ATIA and 79% under the PA.

The Department received 499 new ATIA requests in 2018-2019 and closed 395. It processed 127,078 pages of records for access. Only 110 ATIA requests were received and 4,982 pages processed in the previous reporting year.

The largest source of ATIA requestors came from media at 30% followed by the public at 21%.

The most applied exemptions under the ATIA were section 19 for personal information and 21(1) for advice and guidance.

The most applied exclusion under the ATIA, a total of 8, was section 69(1)(g) as they generally contained references to records related to funding via TB Submission and Memorandum to Cabinet.

The most applied extension under the ATIA, past the 30 day maximum, was section 9(1)(a) for interference with operations.

21 complaints from the Office of the Information Commissioner were received this past fiscal year and ten were closed. A total of 2,091 pages were processed under complaint.

ATIP has administered the Acts in a shared services environment for both Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada since November 30, 2017.

Overall, for both departments in 2018-2019, there was an increase of 41% in new ATIA requests and an increase of 13% in PA requests.

A total of 255,470 pages were processed under ATIA compared to the 216,738 pages process in 2017-2018.

ATIP also trained a total of 870 employees (562 ISC/308 CIRNAC) on the ATIA and PA in 2018-19.

The ATIP Directorate as a whole spent $1,603,740 on staffing, goods and services and was supported by 23 human resources.

ISC ATIP spent $801,870 on staffing and goods and services and was supported by 11.5 Human Resources. The amount was separated 80% for the Access to Information report, and 20% for the Privacy report.

Appendix A

Order of Delegation of the Access to Information Act dated January 4th, 2018.

Text alternative for the Order of Delegation of the Access to Information Act dated January 4th, 2018.

Access to Information Act, and Privacy Act – Delegation Order

I, Minister of Indigenous Services, pursuant to section 73 of the Access to Information Act and section 73 of the Privacy Act, hereby designate the persons holding the positions set out in the schedule attached as Annex "A", and the persons occupying on an acting basis those positions, to exercise or perform such powers, duties and functions under the provisions of the Acts and related regulations as are set out in the schedule attached as Annex "A".

Original document signed on January 4, 2018

The Honourable Jane Philpott, P.C., M.P.
Minister of Indigenous Services

Loi sur l’accès à l’information et Loi sur la protection des renseignements personnels – Ordonnance de délégation de pouvoirs.

Je, Ministre des Services aux Autochtones, conformément à l’article 73 de la Loi sur l’accès à l’information et à l’article 73 de la Loi sur la protection des renseignements personnels, désigne les titulaires des postes figurant à l’annexe A, ci-jointe, et les titulaires de ces postes par intérim, pour exercer les attributions prévues par ces deux lois et les règlements connexes, comme indique à l’annexe A.

Document original signé le 4 janvier, 2018

L’honorable Jane Philpott, C.P., députée
Ministre des Services aux Autochtones

Schedule A

Delegation of Authority Schedule
Position Access to Information Act and Regulations Privacy Act and Regulations
Deputy Minister Full authority Full authority
Associate Deputy Minister Full authority Full authority
Corporate Secretary Full authority Full authority
Director, Access to Information and Privacy Full authority Full authority
Deputy Director, Access to Information and Privacy Full authority Full authority except:
Sections
8(2)(j), 8(2)(m), 8(5), 9(1), 9(4), 10

Appendix B

Statistical Report on the Access to Information Act

Name of institution: Indigenous Service Canada

Reporting period: 2018-04-01 to 2019-03-31

Part 1: Requests Under the Access to Information Act

1.1 Number of requests
  Number of Requests
Received during reporting period 499
Outstanding from previous reporting period 50
Total 549
Closed during reporting period 395
Carried over to next reporting period 154
1.2 Sources of requests
Source Number of Requests
Media 149
Academia 86
Business (private sector) 71
Organization 19
Public 105
Decline to Identify 69
Total 499
1.3 Informal requests
Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
0 3 2 0 0 0 0 5

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

Part 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time
Disposition of Requests Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 3 28 23 13 3 2 0 72
Disclosed in part 1 25 39 62 30 14 2 173
All exempted 0 0 1 3 0 0 0 4
All excluded 0 0 1 0 1 0 0 2
No records exist 9 76 20 6 0 1 1 113
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 17 7 1 2 1 3 0 31
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 30 136 85 86 35 20 3 395
2.2 Exemptions
Section Number of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 7
13(1)(d) 0
13(1)(e) 1
14 7
14(a) 2
14(b) 1
15(1) 0
15(1) – I.A.* 0
15(1) – Def.* 0
15(1) – S.A.* 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 2
16(1)(d) 0
16(2) 12
16(2)(a) 0
16(2)(b) 0
16(2)(c) 9
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
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
17 1
18(a) 1
18(b) 2
18(c) 0
18(d) 1
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 147
21(1)(a) 37
21(1)(b) 34
20(1)(b.1) 11
21(1)(c) 21
21(1)(d) 3
20.1 5
20.2 0
20.4 0
20(1)(a) 1
20(1)(b) 43
20(1)(c) 8
20(1)(d) 8
22 3
22.1(1) 0
23 24
24(1) 1
26 0
* I.A.: International Affairs, Def.: Defence of Canada, S.A.: Subversive Activities
2.3 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) 2
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) 8
69(1)(g) re (b) 0
69(1)(g) re (c) 1
69(1)(g) re (d) 0
69(1)(g) re (e) 1
69(1)(g) re (f) 0
69.1(1) 0
2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 48 24 0
Disclosed in part 84 89 0
Total 132 113 0
2.5 Complexity
2.5.1 Relevant pages processed and disclosed
Disposition of Requests Number of Pages Processed Number of Pages Disclosed Number of Requests
All disclosed 21419 20727 72
Disclosed in part 105172 25220 173
All exempted 193 0 4
All excluded 36 0 2
Request abandoned 258 0 31
Neither confirmed nor denied 0 0 0
2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less Than 100 Pages Processed 101-500
Pages Processed
501-1000
Pages Processed
1001-5000
Pages Processed
More Than 5000 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 59 1063 8 2284 2 1297 1 2291 2 13792
Disclosed in part 116 3278 44 8529 11 6988 0 0 2 6425
All exempted 3 0 1 0 0 0 0 0 0 0
All excluded 2 0 0 0 0 0 0 0 0 0
Request abandoned 30 0 1 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 210 4341 54 10813 13 8285 1 2291 4 20217
2.5.3 Other complexities
Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 8 0 0 0 8
Disclosed in part 63 0 2 0 65
All exempted 4 0 0 0 4
All excluded 1 0 0 0 1
Request abandoned 1 0 0 0 1
Neither confirmed nor denied 0 0 0 0 0
Total 77 0 2 0 79
2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
47 30 10 1 6
2.6.2 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 to 15 days 12 7 19
16 to 30 days 2 3 5
31 to 60 days 4 1 5
61 to 120 days 3 3 6
121 to 180 days 4 2 6
181 to 365 days 5 1 6
More than 365 days 0 0 0
Total 30 17 47
2.7 Requests for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Part 3: Extensions

3.1 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 19 1 8 4
Disclosed in part 69 4 28 63
All exempted 1 0 2 2
All excluded 1 0 1 1
No records exist 9 0 3 2
Request abandoned 5 1 2 3
Total 104 6 44 75
3.2 Length of extensions
Length of Extension 9(1)(a) Interference With Operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
30 days or less 58 1 15 3
31 to 60 days 20 0 15 49
61 to 120 days 18 5 10 19
121 to 180 days 3 0 4 3
181 to 365 days 5 0 0 1
365 days or more 0 0 0 0
Total 104 6 44 75

Part 4: Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of Requests Amount Number of Requests Amount
Application 304 $1,520 80 $400
Search 0 $0 0 $0
Production 0 $0 0 $0
Programming 0 $0 0 $0
Preparation 0 $0 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 0 $0
Total 304 $1,520 80 $400

Part 5: Consultations Received From Other Institutions and Organizations

5.1 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 reporting period 123 9977 11 97
Outstanding from the previous reporting period 1 297 0 0
Total 124 10274 11 97
Closed during the reporting period 106 9530 11 97
Pending at the end of the reporting period 18 744 0 0
5.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 17 25 29 6 3 0 0 80
Disclose in part 0 10 8 1 1 2 0 22
Exempt entirely 0 0 1 0 0 0 0 1
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 1 2 0 0 0 0 3
Other 0 0 0 0 0 0 0 0
Total 17 36 40 7 4 2 0 106
5.3 Recommendations and completion time for consultations received from other organizations
Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 3 3 2 0 0 0 0 8
Disclose in part 0 0 2 0 0 0 0 2
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 1 0 0 0 0 0 1
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 3 4 4 0 0 0 0 11

Part 6: Completion Time of Consultations on Cabinet Confidences

6.1 Requests with Legal Services
Table 6.1 Requests with Legal Services
Number of Days Fewer Than 100 Pages Processed 101-500
Pages Processed
501-1000
Pages Processed
1001-5000
Pages Processed
More than 5000 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 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 2 21 0 0 0 0 0 0 0 0
121 to 180 4 155 1 194 0 0 0 0 0 0
181 to 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 6 176 1 194 0 0 0 0 0 0
6.2 Requests with Privy Council Office
Number of Days fewe than 100 Pages Processed 101-500
Pages Processed
501-1000
Pages Processed
1001-5000
Pages Processed
More than 5000 pages 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 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 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

Part 7: Complaints and Investigations

Section 32 Section 35 Section 37 Total
21 11 10 42

Part 8: Court Action

Section 41 Section 42 Section 44 Total
0 0 0 0

Part 9: Resources Related to the Access to Information Act

9.1 Costs
Expenditures Amount
Salaries $589,744
Overtime $1,568
Goods and Services $50,772
Professional services contracts $8,952
Other $41,820
Total $642,084
9.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 8.80
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.40
Total 9.20

Note : Enter values to two decimal places.

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