2019 to 2020 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, 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:

  1. The application of the ATI and PA;
  2. The release of sensitive or protected information to the public;
  3. Education and awareness of access to information and privacy issues throughout the Department;
  4. Proactive publications;
  5. Departmental Privacy Impact Assessments (PIAs);
  6. Permissible disclosures of personal information pursuant to subsection 8(2) of the PA;
  7. Appropriate PA Statements on Data Collection Instruments, e.g. forms, surveys, etc.;
  8. Updates to Info Source and the preparation and registration of Personal Information Banks  and their related Classes of Records;
  9. Protocols surrounding privacy breaches; and
  10. 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.

Text alternative 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, and provide training.

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, PM-03 and PM-02 level, who respond to Privacy matters (such as breaches), provide training and provide Privacy advice, supported by a Clerk (CR-04).

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.

Table 1.1 Number of 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)

Table 1.2 Sources of request for 2019-2020
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.

Disposition and completion time
Text alternative for: Disposition and completion time

The above pie chart demonstrates the disposition of the completed requests and their completion time.

All disclosed: 2 requests closed within the first fifteen (15) days, twenty-seven (27) closed between sixteen (16) to thirty (30) days, nine (9) requests closed between thirty-one (31) to sixty (60) days, nine (9) requests closed between sixty-one (61) to one-hundred-twenty (120) days, one (1) closed between one-hundred-twenty-one (121) to one-hundred-eighty, two (2) requests closed between one-hundred-eighty-one (181) to three-hundred-sixty-five (365) days and one more took more than three-hundred-sixty-five (365) days for a total of fifty-one (51) requests.

Disclosed in part: 2 requests closed within the first fifteen (15) days, twenty-six (26) closed between sixteen (16) to thirty (30), eighteen (18) requests closed between thirty-one (31) to sixty (60) days, thirty-seven (37) requests closed between sixty-one (61) to one-hundred-twenty (120) days, twelve (12) closed between one-hundred-twenty-one (121) to one-hundred-eighty, nine (9) requests closed between one-hundred-eighty-one (181) to three-hundred-sixty-five (365) days and two (2) more took more than 365 days for a total of one-hundred-six (106) requests.

All exempted: two (2) requests closed within the first fifteen (15) days, five (5) closed between sixteen (16) to thirty (30) and four (4) requests closed between thirty-one (31) to sixty (60) days for a total of eleven (11) requests.

All excluded: 1 request closed between sixteen (16) to thirty (30).

No records exist: thirteen (13) requests closed within the first fifteen (15) days, fifty-seven (57) requests closed between sixteen (16) to thirty (30) days, twenty-seven (27) requests closed between thirty-one (31) to sixty (60) days, four (4) requests closed between sixty-one (61) to one-hundred-twenty (120) days, one (1) request closed between one-hundred-twenty-one (121) to one-hundred-eighty (180) days another closed between one-hundred-eighty-one (181) to three-hundred-sixty-five (365) days for a total of one-hundred-three requests.

Request transferred: one (1) request was closed within the first fifteen (15) days.

Request abandoned: thirteen (13) requests closed between within fifteen (15) days, eleven (11) requests closed between sixteen (16) to thirty (30) days, three (3) requests closed between thirty-one (31) to sixty (60) days, one (1) request closed between sixty-one (61) to one-hundred-twenty (120) days and one more took more than three-hundred-sixty-five (365) days for a total of twenty-nine (29) requests.

Among the three-hundred-two (302) requests thirty-three (33) were closed within fifteen (15) days, one-hundred-twenty-seven (127) were closed between sixteen (16) and thirty (30) days, sixty-one (61) were closed between thirty-one (31) to sixty (60) days, fifty-one (51) were closed between sixty-one (61) to one-hundred-twenty (120) days, fourteen (14) were closed between one-hundred-twenty-one (121) and one-hundred-eighty (180) days, twelve (12) were closed between one-hundred-eighty-one (181) and three-hundred-sixty-five (365) days and four (4) took more than three-hundred-sixty-five (365) days to be completed.

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)

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 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)

Table 2.2 Number of requests closed where exemption provisions were invoked
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)

Table 2.3  Number of requests closed where exemption provisions were invoked
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)

Table 2.4 Format of information released
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)

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 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)

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 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)

Table 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
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)

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

There are three (3) extension possibility that may be taken as per the Act: Interference with Operations, Consultations and Third Party Notice.

The ATIP Office identified seventy-five (75) requests having an extension explained by the inference of operations in order to complete the requests. Among these thirteen (13) were disclosed in full, forty-eight (48) were disclosed in part, records were all exempted in two (2) requests, eleven (11) had no responsive documents to the requests and one (1) was abandoned by the requester.

Four (4) requests were sent for consultation as possible cabinet confidences were found. One (1) was disclosed in full and three (3) were disclosed in part.

In addition, twenty-seven (27) requests were sent for consultation to other government institutions to obtain their representations concerning the disclosure of their information found within our records. Two (2) of those files were disclosed in full, twenty-one (21) were disclosed in part, no responsive documents were found for one (1) request and three (3) were abandoned by the requesters.

Lastly, twenty (20) requests were sent for consultation to third parties to obtain their representations concerning the disclosure of their information found within our records. Three (3) of those files were disclosed in full, fourteen (14) were disclosed in part, no responsive documents were found for two (2) requests and one (1) request was abandoned by the requester.

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 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)

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 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)

Table 4. Fees collected and waived
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.

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 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.

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 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).

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 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)

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 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)

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 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.

Table 7.1 Complaints and Investigation
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)

Figure 9.1 Resources related to the Access to Information Act
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.

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 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.

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: 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

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