2019 to 2020 Annual Report to Parliament: Access to Information Act
Table of contents
- Introduction
- Statistics
- Interpretation of the Statistical Report
- Part 1. Requests under the Access to Information Act
- Part 2. Requests closed During the Reporting Period
- Part 3. Extensions
- Part 4. Fees
- Part 5. Consultations Received from other Institutions and Organization
- Part 6. Completion time of Consultations on Cabinet Confidences
- Part 7. Complaints and Investigations
- Part 8. Court Action
- Part 9. Resources related to the Access to Information Act
- Interpretation of the Statistical Report
- Highlights
- Appendix A
- Appendix B
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, 2019 to March 31, 2020.
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:
- Continued training initiatives to increase departmental ATIA capacity and awareness; and
- Further development of a Privacy/Policy team.
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 empowerIndigenous 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
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. They 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:
- The application of the ATI and PA;
- The release of sensitive or protected information to the public;
- Education and awareness of access to information and privacy issues throughout the Department;
- Proactive publications;
- Departmental Privacy Impact Assessments (PIAs);
- Permissible disclosures of personal information pursuant to subsection 8(2) of the PA;
- Appropriate PA Statements on Data Collection Instruments, e.g. forms, surveys, etc.;
- Updates to Info Source and the preparation and registration of Personal Information Banks and their related Classes of Records;
- Protocols surrounding privacy breaches; and
- Provide privacy advice on Memorandums of Understanding and Information Sharing Agreements.
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.
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
- ATIP Coordinator
Statistics
IV. Interpretation of the Statistical Report
ISC’s Statistical Report was submitted to the Treasury Board Secretariat (TBS) on July 10, 2020 (Appendix B). The Supplemental Report was submitted to the TBS on July 15, 2020. The Report details various aspects of the requests ISC received and processed during the period of April 1, 2019 to March 31, 2020.
Part 1. Requests under the Access to Information Act
1.1 Number of requests
In 2019-2020, ISC received 498 new requests under the Access to Information Act (Table 1.1), there were 154 carried over requests. The ATIP Directorate completed 302 requests and carried 350 requests over into the next reporting period 2020-2021. Referred to in section II of the ISC ATI annual report. (Table 1.1)
Less requests were closed and more requests were carried over into the current reporting year due to the complexity, rise in volume of pages to be processed and the impact of COVID.
The listing of ISC's completed access to information requests.
Number of Requests | 2018-2019 | 2019-2020 |
---|---|---|
Received during reporting period | 499 | 498 |
Outstanding from previous reporting period | 50 | 154 |
Total | 549 | 652 |
Closed during reporting period | 395 | 302 |
Carried over to next reporting period | 154 | 350 |
1.2 Sources of requests
Of the 498 requests received during the reporting period, 167 were from media (33.5%); 164 were from the public (32.9%); 77 (15.5%) were from the academia, followed by 57 (11.4%) from businesses and 9 (1.8%) from organizations. 24 (4.8%) requesters declined to identify (Table 1.2). ISC continues to receive requests predominantly from the media and public. (Table 1.2)
Source | 2018-2019 | 2019-2020 |
---|---|---|
Public | 105 | 164 |
Media | 149 | 167 |
Business | 71 | 57 |
Organization | 19 | 9 |
Academia | 86 | 77 |
Decline to Identify | 69 | 24 |
Total | 499 | 498 |
1.3 Informal Requests
During the 2019-2020 reporting period, there were thirty-three (33) informal requests received and completed. Only five (5) were received in the previous year 2018-2019.
Part 2. Requests closed During the Reporting Period
2.1 Disposition and completion time
Of the 302 requests closed during the reporting period, ISC was able to fully or partially disclose records in 157 cases; that is, 52% of the time a request was submitted to ISC, the result was a disclosure of records. Overall, 160 (53%) of the 302 requests were closed within the statutory 30 day timeframe.
About ten percent (9.9%) of requests were abandoned by the requester, treated informally, or transferred to the appropriate government institution. There was twelve (12) cases where the relevant records were fully exempted or excluded under provisions of the ATIA.
There were 142 requests that required greater than 30 days to process, 30 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 106 requests (35.1%), followed by 'No records exist' with 103 requests (34.1%) and then followed by 'All Disclosed' which was the result of 51 requests (16.8%). (Table 2.1)
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 | 2 | 27 | 9 | 9 | 1 | 2 | 1 | 51 |
Disclosed in part | 2 | 26 | 37 | 37 | 12 | 9 | 2 | 106 |
All exempted | 2 | 5 | 0 | 0 | 0 | 0 | 0 | 11 |
All excluded | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 |
No records exist | 13 | 57 | 27 | 4 | 1 | 1 | 0 | 103 |
Request transferred | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
Request abandoned | 13 | 11 | 3 | 1 | 0 | 0 | 1 | 29 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Decline to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 33 | 127 | 61 | 51 | 14 | 12 | 4 | 302 |
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 80 requests (Table 2.2). The next most common exemptions applied were under subsections 21(1) (operations of government) which was cited in 43 instances, and 20(1) (38 instances) which protects third party information. (Table 2.2)
Section | Number of requests |
---|---|
13(1)(a) | 0 |
13(1)(b) | 1 |
13(1)(c) | 1 |
13(1)(d) | 0 |
13(1)(e) | 0 |
14 | 0 |
14(a) | 1 |
14(b) | 1 |
15(1) | 1 |
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) | 1 |
16(1)(d) | 0 |
16(2) | 1 |
16(2)(a) | 0 |
16(2)(b) | 0 |
16(2)(c) | 7 |
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 | 2 |
18(a) | 2 |
18(b) | 0 |
18(c) | 0 |
18(d) | 2 |
18.1(1)(a) | 0 |
18.1(1)(b) | 0 |
18.1(1)(c) | 0 |
18.1(1)(d) | 0 |
19(1) | 80 |
20(1)(a) | 0 |
20(1)(b) | 24 |
20(1)(b.1) | 6 |
20(1)(c) | 4 |
20(1)(d) | 4 |
20.1 | 1 |
20.2 | 0 |
20.4 | 0 |
21(1)(a) | 16 |
21(1)(b) | 14 |
21(1)(c) | 13 |
21(1)(d) | 0 |
22 | 1 |
22.1(1) | 1 |
23 | 11 |
24(1) | 0 |
26 | 3 |
Total: | 198 |
* I.A.: International Affairs - Def.: Defence of Canada - S.A.: Subversive Activities |
2.3 Exclusions
In 2018-2019, ISC ATIP used six exclusion provisions in the request completed, the most frequent was 69(1)(f) referring to draft legislation as well as 69(1)(g) re:(a) for records relating to a Memorandum to Cabinet. (Table 2.3)
Section | Number of requests |
---|---|
68(a) | 0 |
68(b) | 0 |
68(c) | 0 |
68.1 | 0 |
68.2(a) | 0 |
68.2(b) | 0 |
69(1) | 0 |
69(1)(a) | 1 |
69(1)(b) | 0 |
69(1)(c) | 0 |
69(1)(d) | 1 |
69(1)(e) | 0 |
69(1)(f) | 2 |
69(1)(g) re (a) | 2 |
69(1)(g) re (b) | 0 |
69(1)(g) re (c) | 0 |
69(1)(g) re (d) | 0 |
69(1)(g) re (e) | 0 |
69(1)(g) re (f) | 0 |
69.1(1) | 0 |
Total: | 6 |
2.4 Format of information released
Over the course of this reporting period, the majority of responses were provided to the requester in electronic or CD format. In total, ISC conveyed response packages in 149 requests (49.3% of all responses) electronically. (Table 2.4)
Disposition | Paper | Electronic | Other formats |
---|---|---|---|
All disclosed | 2 | 49 | 0 |
Disclosed in part | 6 | 100 | 0 |
Total | 8 | 149 | 0 |
2.5 Complexity
The following sections detail several factors affecting the complexity of requests that were completed throughout 2019-2020.
2.5.1 Relevant pages processed and disclosed
Of the 302 requests closed during the reporting period, 157 requests were either fully disclosed or disclosed in part. Only twelve (12) requests were fully exempted or excluded. The total amount of 39,245 pages were processed during the reporting period and 23,918 pages were disclosed. (Table 2.5.1)
Disposition of requests | Number of pages processed | Number of pages disclosed | Number of requests |
---|---|---|---|
All disclosed | 3057 | 3057 | 51 |
Disclosed in part | 36188 | 20861 | 106 |
All exempted | 0 | 0 | 11 |
All excluded | 0 | 0 | 1 |
Request abandoned | 0 | 0 | 29 |
Neither confirmed nor denied | 0 | 0 | 0 |
Total | 39245 | 23918 | 198 |
2.5.2 Relevant pages processed and disclosed by size of requests
A majority of the requests (140 or 70.7%) processed 100 pages or less (Table 2.5.2). At the other end of the spectrum, eleven (11) requests required the review of over 1,000 pages which accounted for a total of 6,776 pages of records disclosed. In total 39,245 pages were processed over the course of the 2019-2020 fiscal year. (Table 2.5.2)
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 | 45 | 755 | 5 | 1416 | 1 | 886 | 0 | 0 | 0 | 0 |
Disclosed in part | 59 | 1411 | 25 | 5516 | 13 | 7158 | 9 | 6776 | 0 | 0 |
All exempted | 10 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
All excluded | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Abandoned | 26 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 140 | 2166 | 33 | 6932 | 14 | 8044 | 11 | 6776 | 0 | 0 |
2.5.3 Other complexities
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)
Disposition | Consultation required | Assessment of fees | Legal advice sought | Other | Total |
---|---|---|---|---|---|
All disclosed | 5 | 0 | 0 | 0 | 5 |
Disclosed in part | 30 | 0 | 2 | 0 | 30 |
All exempted | 0 | 0 | 0 | 0 | 0 |
All excluded | 0 | 0 | 0 | 0 | 0 |
Abandoned | 2 | 0 | 0 | 0 | 2 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 |
Total | 37 | 0 | 0 | 0 | 37 |
2.6 Deemed refusals
During the reporting period, ISC failed to comply with statutory deadlines on 27 occasions and were related to: workload (24); external consultation (1); and other reasons (2).
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 652 requests for 2019-2020 (received and carried over from previous fiscal year), a total of 126 extensions under section 9(1) of the ATIA were applied in 2019-2020. The most prevalent reason for extending deadlines during this reporting period was for interference with operations (75 times, or 59.5% 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’ 38.1% of the time. Where an extension was taken under either 9(1)(a), (b) or (c), records were fully or partially disclosed in 105 out of 126 (83.3%) instances (Table 3.1).
Only four (4) 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, and part. (Figure 3.1 and Table 3.1)
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 | 13 | 1 | 2 | 3 |
Disclosed in part | 48 | 3 | 21 | 14 |
All exempted | 1 | 0 | 2 | 2 |
All excluded | 2 | 0 | 0 | 0 |
No records exist | 11 | 0 | 1 | 2 |
Request abandoned | 1 | 0 | 3 | 1 |
Total | 75 | 4 | 27 | 20 |
3.2 Length of extensions
During the 2019-2020 fiscal year, the majority of the extensions applied during the reporting period were for less than 60 days (73.8%). (Table 3.2)
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 | 43 | 0 | 2 | 0 |
31 to 60 days | 23 | 0 | 7 | 18 |
61 to 120 days | 6 | 4 | 18 | 2 |
121 to 180 days | 1 | 0 | 0 | 0 |
181 to 365 days | 2 | 0 | 0 | 0 |
365 days or more | 0 | 0 | 0 | 0 |
Total | 75 | 4 | 27 | 20 |
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 $1060 in application fees over the course of the reporting period (Table 4) and waived 84 requests for an amount of $420. (Table 4)
Fee Type | Fee Collected | Fee Waived or Refunded | ||
---|---|---|---|---|
# of Requests | Amount | # of Requests | Amount | |
Application | 212 | $1060 | 84 | $420 |
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 | 212 | $1060 | 84 | $420 |
Part 5. Consultations Received from other Institutions and Organizations
5.1 Consultations received from other Government of Canada institutions and organizations
ISC received 81 consultations for a total of 3,301 pages from other government institutions and 17 consultations from other organizations with 542 pages to review. ISC had sixteen (16) consultations carried over from the previous year, for a total of 114 consultations in 2019-2020. (Table 5.1).
The ATIP Directorate completed 87 consultations, reviewing 3,696 pages and carried over 27 consultation requests into the 2020-2021 fiscal year.
Consultations | Other government institutions | # Pages to review | Other organizations | # Pages to review |
---|---|---|---|---|
Received during reporting period | 81 | 3301 | 17 | 542 |
Outstanding from the previous reporting period | 14 | 389 | 2 | 117 |
Total | 95 | 3690 | 19 | 659 |
Closed during the reporting period | 74 | 3279 | 13 | 417 |
Pending at the end of the reporting period | 21 | 411 | 6 | 242 |
5.2 Recommendations and completion time for consultations received from other Government of Canada institutions
In 2019-2020, the majority of cases (53 consultation requests, or 71.6% 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 (60 consultation requests, or 81% of all consultation requests) were completed within 60 days of their receipt (Table 5.2). There are only 14 occurrences where ISC required longer than 60 days providing a response to the consulting institution.
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 | 9 | 22 | 16 | 4 | 1 | 1 | 0 | 53 |
Disclose in part | 2 | 4 | 4 | 4 | 1 | 0 | 0 | 15 |
Exempt entirely | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 1 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 |
Other | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 4 |
Total | 12 | 27 | 21 | 10 | 3 | 1 | 0 | 74 |
5.3 Recommendations and completion time for consultations received from other organizations
In 2019-2020, ISC received 13 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.
The majority of the consultations from other organizations processed by the ATIP Directorate were completed within 60 days of their receipt; 11 requests (84.6%), and only two (2) requests were completed after 60 days. (Table 5.3).
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 | 7 | 1 | 0 | 0 | 0 | 0 | 11 |
Disclose in part | 0 | 0 | 0 | 2 | 0 | 0 | 0 | 2 |
Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 3 | 7 | 1 | 0 | 0 | 0 | 0 | 13 |
Part 6. Completion time of Consultations on Cabinet Confidences
During 2019-2020, ISC sent four (4) consultations on the application of section 69 of the ATIA to Departmental Legal Services Unit for Cabinet Confidences Consultation (Table 6). Three (3) consultations on Cabinet Confidences took less than 30 days to complete, and only one (1) took more than 180 days to compete. A total of 78 pages were recommended to be disclosed. (Table 6.1)
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 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
16 to 30 | 0 | 0 | 2 | 78 | 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 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
More than 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 2 | 0 | 2 | 78 | 0 | 0 | 0 | 0 | 0 | 0 |
Throughout 2019-2020, ISC did not send any consultation requests to the Privy Council Office. (Table 6.2)
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 2019-2020 reporting period 31 new complaints were registered with the OIC against ISC (Table 7.1). The Treasury Board Secretariat of Canada requires institutions track in the statistical report sections 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. ATIP processed a total of 49,824 pages under complaint during this fiscal reporting period.
Section 32 | Section 35 | Section 37 | Total |
---|---|---|---|
31 | 11 | 6 | 48 |
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
The ATIP Directorate functioned under a shared services model to support ISC and CIRNAC. It spent a total of $1,841,301 on staffing, goods and services and was supported by 23.29 human resources.
Calculations for the annual reports reflect the level of effort in support ISC’s responsibilities pursuant to the Acts.
In 2019-2020, ISC spent $1,000,186 on the administration of the ATIA and was supported by 12.77 Human Resources. (Table 9.1 and 9.2)
Expenditures | Amount |
---|---|
Salaries | $957,008 |
Overtime | $10,908 |
Goods and Services | $32,207 |
Professional services contracts | $30,000 |
Other | $2,207 |
Total | $1,000,186 |
9.2 Human Resources
The Operations Unit within the ATIP Directorate consisted of 12.27 full-time equivalents (FTEs) dedicated to access to information activities (Table 9.2). Over the course of the reporting period, ISC hired 0.50 part time and casual employees.
Resources | Person Years Dedicated to Access to Information Activities |
---|---|
Full-time employees | 11.27 |
Part-time and casual employees | 0.00 |
Regional staff | 0.00 |
Consultants and agency personnel | 0.50 |
Students | 0.00 |
Total | 12.77 |
Highlights
V. 2019-2020 Points of Interest
This past fiscal year (2019-2020) was the second full year of reporting for ISC under the ATIA and the PA.
ATIP has administered the Acts in a shared services environment for both ISC and CIRNAC since November 30, 2017.
The Department received 498 access to information requests and closed 302. It processed 39,245 pages of records for access.
The largest source of access to information requestors came from the media at 33.5% followed by the public at 32.9%.
The Department received and completed 33 informal requests, lower than the 198 received in the 2018-2019 reporting period.
The Department closed 6 complaints with a total of 49,824 pages processed under complaint.
Overall, for both departments in 2019-2020, there was an decrease of 14% in new access to information requests received and an increase of 583% in privacy requests from the previous fiscal year.
ATIP also trained a total of 860 employees (651 ISC/209 CIRNAC) on the Access to Information Act and Privacy Act in 2019-2020.
The most sited exemptions under the ATIA were Section 19 for personal information, followed by Section 21(1) for advice and guidance. These are consistent with the previous year’s annual report.
The most applied exclusion under the ATIA was section 69(1)(g) as they generally contained references to records related to funding via Treasury Board Submission and Memoranda to Cabinet.
The most utilized extension under the ATIA, related to extend the legislative deadline beyond the 30-day maximum, was Section 9(1)(a) for interference with operations.
Complaints from the OIC increased to 31 received, compared to the 21 complaints received in 2018-2019.
For 2019-2020, ISC spent $1,000,168 on Access to Information and was supported by 12.77 human resources.
In a shared environment for both ISC and CIRNAC, the ATIP Directorate as a whole spent $1,841,301 on staffing, goods and services, and was supported by 23.29 human resources on the administration of both Acts.
Covid Impacts
As of March 16, 2020, ISC and CIRNAC activated their business continuity plans due to Corona virus. This meant only essential services were provided to Canadians. Employees providing non-essential services were instructed to work remotely until further notice.
ATIP was not identified as an essential service. Less requests were closed and more requests were carried over into the current reporting year due to the complexity, rise in volume of pages to be processed and the impact of COVID.
In order to better serve Canadians, ATIP implemented electronic e-Post to enable the sending of release packages and avoid a break in service.
ATIP also provided support to the department by preparing and sending updates and instructions to ATIP liaison officers to better facilitate the retrieval of records.
Appendix A
Order of Delegation of the Access to Information Act dated January 4th, 2018.
Schedule A
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: 2019-04-01 to 2020-03-31
Part 1: Requests Under the Access to Information Act
1.1 Number of requests
Number of Requests | |
---|---|
Received during reporting period | 498 |
Outstanding from previous reporting period | 154 |
Total | 652 |
Closed during reporting period | 302 |
Carried over to next reporting period | 350 |
1.2 Sources of requests
Source | Number of Requests |
---|---|
Media | 167 |
Academia | 77 |
Business (private sector) | 57 |
Organization | 9 |
Public | 164 |
Decline to Identify | 24 |
Total | 498 |
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 |
9 | 5 | 8 | 7 | 4 | 0 | 0 | 33 |
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 | 2 | 27 | 9 | 9 | 1 | 2 | 1 | 51 |
Disclosed in part | 2 | 26 | 18 | 37 | 12 | 9 | 2 | 106 |
All exempted | 2 | 5 | 4 | 0 | 0 | 0 | 0 | 11 |
All excluded | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 |
No records exist | 13 | 57 | 27 | 4 | 1 | 1 | 0 | 103 |
Request transferred | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
Request abandoned | 13 | 11 | 3 | 1 | 0 | 0 | 1 | 29 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Decline to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 33 | 127 | 61 | 51 | 14 | 12 | 4 | 302 |
2.2 Exemptions
Section | Number of Requests |
---|---|
13(1)(a) | 0 |
13(1)(b) | 1 |
13(1)(c) | 1 |
13(1)(d) | 0 |
13(1)(e) | 0 |
14 | 0 |
14(a) | 1 |
14(b) | 1 |
15(1) | 1 |
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) | 1 |
16(1)(d) | 0 |
16(2) | 1 |
16(2)(a) | 0 |
16(2)(b) | 0 |
16(2)(c) | 7 |
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 | 2 |
18(a) | 2 |
18(b) | 0 |
18(c) | 0 |
18(d) | 2 |
18.1(1)(a) | 0 |
18.1(1)(b) | 0 |
18.1(1)(c) | 0 |
18.1(1)(d) | 0 |
19(1) | 80 |
20(1)(a) | 0 |
20(1)(b) | 24 |
20(1)(b.1) | 6 |
21(1)(c) | 4 |
21(1)(d) | 4 |
20.1 | 1 |
20.2 | 0 |
20.4 | 0 |
21(1)(a) | 16 |
21(1)(b) | 14 |
21(1)(c) | 13 |
21(1)(d) | 0 |
22 | 1 |
22.1(1) | 1 |
23 | 11 |
24(1) | 0 |
26 | 3 |
* 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) | 0 |
69(1)(a) | 1 |
69(1)(b) | 0 |
69(1)(c) | 0 |
69(1)(d) | 1 |
69(1)(e) | 0 |
69(1)(f) | 2 |
69(1)(g) re (a) | 2 |
69(1)(g) re (b) | 0 |
69(1)(g) re (c) | 0 |
69(1)(g) re (d) | 0 |
69(1)(g) re (e) | 0 |
69(1)(g) re (f) | 0 |
69.1(1) | 0 |
2.4 Format of information released
Disposition | Paper | Electronic | Other formats |
---|---|---|---|
All disclosed 51 | 4 | 47 | 0 |
Disclosed in part 106 | 4 | 102 | 0 |
Total | 8 | 149 | 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 | 3057 | 3057 | 51 |
Disclosed in part | 36188 | 20861 | 106 |
All exempted | 0 | 0 | 11 |
All excluded | 0 | 0 | 1 |
Request abandoned | 0 | 0 | 29 |
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 | 45 | 755 | 5 | 1416 | 1 | 886 | 0 | 0 | 0 | 0 |
Disclosed in part | 59 | 1411 | 25 | 5516 | 13 | 7158 | 9 | 6776 | 0 | 0 |
All exempted | 10 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
All excluded | 0 | 0 | 1 | 0 | 0 | 0 | 2 | 0 | 0 | 0 |
Request abandoned | 26 | 0 | 1 | 0 | 0 | 0 | 2 | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 140 | 2166 | 33 | 6932 | 14 | 8044 | 11 | 6776 | 0 | 0 |
2.5.3 Other complexities
Disposition | Consultation Required | Assessment of Fees | Legal Advice Sought | Other | Total |
---|---|---|---|---|---|
All disclosed | 5 | 0 | 0 | 0 | 5 |
Disclosed in part | 30 | 0 | 2 | 0 | 30 |
All exempted | 0 | 0 | 0 | 0 | 0 |
All excluded | 0 | 0 | 0 | 0 | 0 |
Request abandoned | 2 | 0 | 0 | 0 | 2 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 |
Total | 37 | 0 | 2 | 0 | 37 |
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 | |
37 | 24 | 1 | 0 | 2 |
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 | 6 | 7 | 13 |
16 to 30 days | 0 | 3 | 3 |
31 to 60 days | 1 | 1 | 2 |
61 to 120 days | 0 | 1 | 1 |
121 to 180 days | 0 | 1 | 1 |
181 to 365 days | 4 | 3 | 7 |
More than 365 days | 0 | 0 | 0 |
Total | 11 | 16 | 27 |
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 | 13 | 1 | 2 | 3 |
Disclosed in part | 48 | 3 | 21 | 14 |
All exempted | 2 | 0 | 0 | 0 |
All excluded | 0 | 0 | 0 | 0 |
No records exist | 11 | 0 | 1 | 2 |
Request abandoned | 1 | 0 | 3 | 1 |
Total | 75 | 4 | 27 | 20 |
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 | 43 | 0 | 2 | 2 |
31 to 60 days | 23 | 0 | 7 | 18 |
61 to 120 days | 6 | 4 | 48 | 2 |
121 to 180 days | 1 | 0 | 0 | 0 |
181 to 365 days | 2 | 0 | 0 | 0 |
365 days or more | 0 | 0 | 0 | 0 |
Total | 75 | 4 | 27 | 20 |
Part 4: Fees
Fee Type | Fee Collected | Fee Waived or Refunded | ||
---|---|---|---|---|
Number of Requests | Amount | Number of Requests | Amount | |
Application | 212 | $1,060 | 84 | $420 |
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 | 212 | $1,060 | 84 | $420 |
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 | 81 | 3301 | 17 | 542 |
Outstanding from the previous reporting period | 14 | 389 | 2 | 117 |
Total | 95 | 3690 | 19 | 659 |
Closed during the reporting period | 74 | 3279 | 13 | 417 |
Pending at the end of the reporting period | 21 | 411 | 6 | 242 |
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 | 9 | 22 | 16 | 4 | 1 | 1 | 0 | 53 |
Disclose in part | 2 | 4 | 4 | 4 | 1 | 0 | 0 | 15 |
Exempt entirely | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 1 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 |
Other | 1 | 1 | 0 | 1 | 1 | 0 | 0 | 4 |
Total | 12 | 27 | 21 | 10 | 3 | 1 | 0 | 74 |
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 | 7 | 1 | 0 | 0 | 0 | 0 | 11 |
Disclose in part | 0 | 0 | 0 | 2 | 0 | 0 | 0 | 2 |
Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 3 | 7 | 1 | 2 | 0 | 0 | 0 | 13 |
Part 6: Completion Time of Consultations on Cabinet Confidences
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 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
16 to 30 | 0 | 0 | 2 | 78 | 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 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
More than 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 2 | 0 | 2 | 78 | 0 | 0 | 0 | 0 | 0 | 0 |
6.2 Requests with Privy Council Office
Number of Days | Fewer 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 |
---|---|---|---|
31 | 11 | 6 | 48 |
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 | $957,008 |
Overtime | $10,908 |
Goods and Services | $32,207 |
Professional services contracts | $30,000 |
Other | $2,207 |
Total | $1,000,186 |
9.2 Human Resources
Resources | Person Years Dedicated to Access to Information Activities |
---|---|
Full-time employees | 12.27 |
Part-time and casual employees | 0.50 |
Regional staff | 0.00 |
Consultants and agency personnel | 0.00 |
Students | 0.00 |
Total | 12.77 |
Note : Enter values to two decimal places.