2021 to 2022 Annual Report to Parliament: Access to Information Act

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.

This report reflects the access to information activities of Indigenous Services Canada (ISC) with respect to the stated legislation, for the period of April 1, 2021 to March 31, 2022.

The annual report is tabled in Parliament pursuant to section 94 of the ATIA and in accordance to section 20 of the Service Fees Act. The report describes the activities of ISC that support compliance with access to information legislation. In addition, it provides details on the activities and accomplishments of the Access to Information and Privacy (ATIP) Directorate, including highlights such as:

• Limiting the break in service during Covid-19;
• Continued training initiatives to increase departmental ATIA capacity and awareness; and
• Further development of ATIP in a shared service.

II. Organization

III. Delegation Order

Under section 95 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 Marc Miller on November 6, 2020, was in effect (Appendix A). Under section 95 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
• ATIP Deputy Directors

IV. Interpretation of the Statistical Report

ISC's Statistical Report and Supplemental Report were submitted to the Treasury Board Secretariat (TBS) on August 2, 2022 (Appendix B). The Report details various aspects of the requests ISC received and processed during the period of April 1, 2021 to March 31, 2022.

1. Requests under the Access to Information Act

1.1 Number of requests

In 2021-2022, ISC received 444 requests, representing an increase of approximately 24% compared to the 358 received in 2020-2021 (Table 1.1). With the addition of the 377 requests that were carried over from the previous year, this reflected a total of 821 requests to be processed in course of the reporting period. The ATIP Directorate completed 484 requests, 9% more than received, and carried 337 requests, into the next reporting period 2022-2023.

The listing of ISC's completed access to information requests can be found on the Open Canada's website.

Table 1.1a Number of requests received and outstanding from 2018 to 2022

Number of Requests	2018-2019	2019-2020	2020-2021	2021-2022
Received during reporting period	499	498	358	444
Outstanding from previous reporting period	50	154	359	377
Total	549	652	717	821

Table 1.1b Number of requests closed and carried over from 2018 to 2022

Number of Requests	2018-2019	2019-2020	2020-2021	2021-2022
Closed during reporting period	395	302	342	484
Carried over to next reporting period	154	350	375	337

1.2 Sources of requests

Of the 444 requests received during the reporting period, 124 (28%) had declined to identify, followed by 105 (24%) from the Public, and 87 (20%) from businesses (Table 1.2). ISC has seen a significant increase from individuals declining to identify compared to other years where requests were predominantly from the public and the media.

Text alternative for: Table 1.2 Sources of Requests 2018 to 2022

The bar chart (Table 1.2) above compares the source of requests for the period 2018 to 2022 by fiscal year.

For 2021-2022, ATIP received one-hundred-five (105) requests from the public, seventy-six (76) requests from media, eighty-seven (87) from business organisations, seven (7) from other organisations, forty-five (45) from academia, and one-hundred-twenty-four (124) who declined to identify.

For 2020-2021, ATIP received one-hundred-forty-three (143) requests from the public, twenty-one (21) requests from media, eighty-one (81) from business organisations, five (5) from other organisations, ninety-sever (97) from academia, and eleven (11) who declined to identify.

For 2019-2020, ATIP received one-hundred-sixty-four (164) from the public, one-hundred-sixty-seven (167) from media, fifty-seven (57) from business organisations, nine (9) from other organisations, seventy-seven (77) from academia, and twenty-four (24) who declined to identify.

For 2018-2019, ATIP received one-hundred-five (105) from the public, one-hundred-forty-nine (149) from media, seventy-one (71) from business organisations, nineteen (19) from other organisations, eighty-six (86) from academia, and sixty-nine (69) who declined to identify.

1.3 Channels of requests

The channels of requests serve to identify the mechanism used by the Canadian public to request records from the Department: Open Government of Canada Portal, e-mail, mail, phone or fax. The Government of Canada Online Portal was the most used mechanism to request records from the Department.

Table 1.3 Channels of requests

Channel	Number of Requests
Online	415
E-mail	23
Mail	6
In person	0
Phone	0
Fax	0
Total	444

2. Informal Requests

An informal request is defined as a request for copies of previously released access to information requests. As per Treasury Board of Canada (TBS) policies, institutions are required to publicly post titles of summaries of completed requests. Government departments do not charge any application fees for the informal requests and there are no timelines for responding to the requesters. In addition, the requesters have no statutory right of complaint to the Office of the Information Commissioner of Canada (OIC).

2.1 Number of informal requests

During the 2021-2022 reporting period, ISC received 231 informal requests, an increase of 60% compared to the 144 requests received in 2020-2021. With the addition of the three (3) requests that were carried over from the previous year, this reflected a total of 234 informal requests to be processed. The Department completed 223 informal requests and carried 11 requests into the next reporting period 2022-2023.

Text alternative for: Table 2.1 Number of Informal Requests Received

The bar chart (Table 2.1) above compares the number of Informal Requests Received by fiscal year from 2018 to 2022.

ATIP received two-hundred-thirty-one (231) informal requests in 2021-2022, one-hundred-forty-four (144) in 2020-2021, thirty-three (33) in 2019-2020, and five (5) in 2018-2019.

2.2 Channels of informal requests

The channels of requests serve to identify the number and mechanism used by the Canadian public for informal requests: Government of Canada Online Portal, e-mail, mail, phone or fax. The channels of requests are a new reporting requirement. The majority of informal requests this reporting fiscal year were received through the Government of Canada Online Portal.

Table 2.2 Channels of requests

Channel	Number of Requests
Online	226
E-mail	5
Mail	0
In person	0
Phone	0
Fax	0
Total	231

2.3 Completion time of informal requests

The following, table 2.3, reports the number of informal requests received and completion time for closed requests during the 2021-2022 reporting period. The table demonstrates the percentage of informal requests closed during the reporting period according to the number of days it took to process and close them.

Text alternative for: Table 2.3 Completion time of informal requests

Table 2.3 is a pie chart comparing the completion time of informal requests.

Thirteen percent (13%) of files were completed in one (1) to fifteen (15) days. Six percent (6%) of files required sixteen (16) to thirty (30) days. Twenty-five percent (25%) of requests were completed in thirty-one (31) to sixty (60) days, compared to twenty-eight percent (28%) for files that took sixty-one (61) to one-hundred-twenty (120) days.

Twenty percent (20%) of informal requests were completed between one-hundred-twenty-one (121) and one-hundred-eighty (180) days. Seven percent (7%) of files took between one-hundred-eighty-one (181) and three-hundred-sixty-five (365) days, while 1% of requests received took more than three-hundred-sixty-five (>365) days to complete.

2.4 Pages released informally

This section provides information on the number of informal requests closed in relation to pages released. Table 2.4 provides information on the number of informal requests that were closed during the 2021-2022 reporting period that fall under each range of pages released.

Table 2.4 Pages released informally

Pages Released	Number of Requests	Pages Released
< 100	126	3,612
100-500	67	13,342
501-1,000	10	6,338
1,001-5,000	20	47,905
> 5,000	0	0
Total	223	71,197

2.5 Pages re-released informally

This new reporting requirement seeks to capture the number of requests for copies of the 231 informal requests received. No requests were received in 2021-2022 that sought copies of previously released informal requests.

4. Requests closed during the reporting period

4.1 Disposition and completion time

Of the 484 formal access to information requests closed during the reporting period, ISC was able to fully or partially disclose records in 274 cases (56% of the requests) (Table 4.1.1).

Text alternative for: Table 4.1.1 Percentage of completed files relevant to each disclosures

The above pie chart (Table 4.1.1) demonstrates the disposition of the completed requests and their completion time, displayed as:

All disclosed: fourteen percent (14%).

Seventy (70) files were "all disclosed". Zero (0) requests were completed within one (1) to fifteen (15) days, eleven requests (11) between sixteen (16) to thirty (30) days, and fifteen (15) requests between thirty-one (31) to sixty (60) days. Twenty (20) requests were completed between sixty-one (61) to one-hundred-twenty (120) days, three (3) between one-hundred-twenty-one (121) to one-hundred-eighty (180) days, and seven (7) requests between one-hundred-eighty-one (181) to three-sixty-five (365) days. Fourteen (14) files took more than three-hundred-sixty-five (>365) days.

Disclosed in part: forty-two percent (42%)

Two-hundred-four (204) files were "disclosed in part". This is two (2) files between one (1) to fifteen (15) days, twelve (12) closed between sixteen (16) to thirty (30) days, and twenty-three (23) between thirty-one (31) to sixty (60) days. Thirty-eight files closed between sixty-one (61) to one-hundred-twenty (120) days, twenty-one (21) between one-hundred-twenty-one (121) to one-hundred-eighty (180) days, and thirty-one (31) between one-hundred-eighty-one (181) to three-sixty-five (365) days. Seventy-seven (77) files took more than three-hundred-sixty-five (>365) days.

All exempted: four percent (4%)

Eighteen (18) were "all exempted". Zero (0) files closed in the first fifteen (15) days, one (1) between sixteen (16) to thirty (30) days, and one (1) between thirty-one (31) and sixty (60) days. Six (6) files closed between sixty-one (61) and one-hundred-twenty (120) days, zero (0) between one-hundred-twenty-one (121) and one-hundred-eighty (180) days, and four (4) between one-hundred-eighty-one (181) and three-hundred-sixty-five (365) days. Six (6) files took more than three-hundred-sixty-five (>365) to close.

All excluded: one percent (1%)

Six (6) files were "all excluded". Zero (0) files closed in the first fifteen (15) days, one (1) between sixteen (16) to thirty (30) days, and zero (0) between thirty-one (31) and sixty (60) days. One (1) file closed between sixty-one (61) and one-hundred-twenty (120) days, and two (2) between one-hundred-twenty-one (121) and one-hundred-eighty (180) days. Between one-hundred-eighty-one (181) and three-hundred-sixty-five (365) days, one (1) file closed. One (1) file took more than three-hundred-sixty-five (>365) to close.

No records exist: twenty-six percent (26%)

One-hundred-twenty-six (126) files closed as "no records exist". Eight (8) files were closed between day one (1) and fifteen (15), fifty-five (55) between day sixteen (16) and thirty (30) , and twenty-eight (28) between day thirty-one (31) and sixty (60). Between days sixty-one (61) and one-hundred-twenty (120), fourteen (14) files were closed, and between days one-hundred-twenty-one (121) and one-hundred-eighty (180), one (1) file was closed. From days one-hundred-eighty-one (181) to three-hundred-sixty-five (365), nine (9) records were closed, and eleven (11) took more than three-hundred-sixty-five (>365) days.

Request transferred: one percent (1%)

Four (4) requests were transferred. One (1) in the first fifteen (15) days, one (1) between sixteen (16) and thirty (30) days, one (1) between thirty-one (31) and sixty (60) days, and one (1) between sixty-one (61) and one-hundred-twenty (120) days. Zero (0) requests were transferred for the one-hundred-twenty-one (121) to one-hundred-eighty (180), and one-hundred-eighty-one (181) to three-hundred-sixty-five (365) days periods. There were zero (0) requests that took more than three-hundred-sixty-five (>365) days.

Request abandoned: twelve percent (12%)

There were fifty-six (56) requests abandoned. Fourteen (14) in the first fifteen (15) days, ten (10) between sixteen (16) and thirty (30) days, and five (5) between thirty-one (31) and sixty (60) days. Three (3) requests closed between sixty-one (61) and one-hundred-twenty (120) days, and three (3) closed between one-hundred-twenty-one (121) to one-hundred-eighty (180) days. One (1) file closed between three-hundred-sixty-five (365) days, and twenty (20) were closed at more than three-hundred-sixty-five (>365) days.

About 13% percent of requests were abandoned or transferred to the appropriate government institution. In only 24 cases (5% of all requests) were the relevant records fully exempted under provisions of the Act. Finally, there were no records that existed in response to 126 cases or 26% of the requests (Table 4.1.2).

Table 4.1.2 Disposition and completion time

Disposition of requests	Completion Time (days)
	1 to 15	16 to 30	31 to 60	61 to 120	121 to 180	181 to 365	> 365	Total
All disclosed	0	11	15	20	3	7	14	70
Disclosed in part	2	12	23	38	21	31	77	204
All exempted	0	1	1	6	0	4	6	18
All excluded	0	1	0	1	2	1	1	6
No records exist	8	55	28	14	1	9	11	126
Request transferred	1	1	1	1	0	0	0	4
Request abandoned	14	10	5	3	3	1	20	56
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	25	91	73	83	30	53	129	484

4.2 Exemptions

The most commonly used exemptions applied were under section 20(1) (third party) which was applied in 175 instances. The next most commonly applied exemption was section 19 (personal information) which was applied 165 times. The third most applied exemption was section 21(1) (advice or deliberations) which was applied in 155 instances. In the total number of exemptions, a file can have more than one exemption applied (Table 4.2).

Table 4.2 Number of requests closed where exemption provisions were invoked

Section	Number of requests
13(1)(a)	0
13(1)(b)	0
13(1)(c)	0
13(1)(d)	0
13(1)(e)	5
14	2
14(a)	5
14(b)	0
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)	0
16(1)(d)	0
16(2)	12
16(2)(a)	0
16(2)(b)	0
16(2)(c)	19
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
16.6	0
17	0
18(a)	0
18(b)	3
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)	1
19(1)	165
20(1)(a)	3
20(1)(b)	98
20(1)(b.1)	44
20(1)(c)	15
20(1)(d)	15
20.1	19
20.2	0
20.4	0
21(1)(a)	57
21(1)(b)	66
21(1)(c)	27
21(1)(d)	5
22	0
22.1(1)	0
23	28
23.1	0
24(1)	3
26	1
* I.A.: International Affairs Def.: Defence of Canada S.A.: Subversive Activities

4.3 Exclusions

In 2021-2022, the Department applied 38 mandatory exclusion provisions on requests completed. The most frequently applied was under section 68 for records already publicly available (Table 4.3).

Table 4.3 Number of requests closed where exclusion provisions were applied

Section	Number of requests
68(a)	7
68(b)	0
68(c)	0
68.1	7
68.2(a)	7
68.2(b)	7
69(1)	0
69(1)(a)	1
69(1)(b)	0
69(1)(c)	0
69(1)(d)	1
69(1)(e)	2
69(1)(f)	0
69(1)(g) re (a)	1
69(1)(g) re (b)	1
69(1)(g) re (c)	1
69(1)(g) re (d)	1
69(1)(g) re (e)	1
69(1)(g) re (f)	1
69.1(1)	0

4.4 Format of information released

Over the course of this reporting period, the majority of responses were provided to the requesters electronically through E-post Connect or through e-mail. On seven (7) occasions, individuals who did not have access to retrieve records electronically were provided with paper copies through regular mail (Table 4.4).

Table 4.4 Format of information released

Paper	Electronic				Other
	E-Record	Data Set	Video	Audio
7	267	0	0	0	0

4.5 Complexity

The following sections details several factors affecting the complexity of requests that were completed throughout 2021-2022.

4.5.1 Relevant pages processed and disclosed

Of the 484 requests closed, 354 requests generated a total of 218,173 pages processed. The total amount of pages disclosed was 48,543 during the reporting period (Table 4.5.1).

Table 4.5.1 Relevant pages processed and disclosed

Number of Pages Processed	Number of Pages Disclosed	Number of Requests
218,173	48,543	354

4.5.2 Relevant pages processed per request disposition for paper and e-records formats by size of requests

Of the 354 requests, 205 requests (58%) required the processing of 100 pages or less. Also, a total of 36,589 pages required processing for 108 requests (31%). However, 41 requests (11%) had more than 1,001 pages to be reviewed. (Table 2.5.2).

Table 4.5.2 Relevant pages processed per request disposition for paper and e-records formats by size of requests.

Disposition	< 100 pages		101-500 pages		501-1,000 pages		1,001-5,000 pages		> 5,000 pages
	Requests	Pages	Requests	Pages	Requests	Pages	Requests	Pages	Requests	Pages
All disclosed	52	1,169	14	2,553	1	628	3	4,412	0	0
Disclosed in part	95	4,016	64	15,093	21	13,873	22	43,541	2	32,007
All exempted	7	206	1	237	4	2,603	2	3,877	4	65,233
All excluded	5	198	0	0	0	0	1	1,396	0	0
Abandoned	46	124	1	221	2	1,381	5	11,864	2	13,541
Neither confirmed nor denied	0	0	0	0	0	0	0	0	0	0
Declined to act with the approval of the Information Commissioner	0	0	0	0	0	0	0	0	0	0
Total	205	5,713	80	18,104	28	18,485	33	65,090	8	110,781

4.5.3 Relevant minutes processed and disclosed for audio formats

No audio files were provided to the ISC ATIP office in response to an ATIA request.

4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests

No audio files were provided to the ISC ATIP office in response to an ATIA request.

4.5.5 Relevant minutes processed and disclosed for video formats

No video files were provided to the ISC ATIP office in response to an ATIA request.

4.5.6 Relevant minutes processed per request disposition for video formats by size of requests

No video files were provided to the ISC ATIP office in response to an ATIA request.

4.5.7 Other complexities

During the reporting period, the Department consulted other federal institutions 81 times. The most frequently consulted institutions included Health Canada and Department of Justice. More than one institution can be consulted per request (Table 4.5.7).

Table 4.5.7 Other complexities

Disposition	Consultation required	Legal advice sought	Other	Total
All disclosed	6	0	0	6
Disclosed in part	57	0	0	57
All exempted	10	0	0	10
All excluded	0	0	0	0
Abandoned	8	0	0	8
Neither confirmed nor denied	0	0	0	0
Declined to act with the approval of the Information Commissioner	0	0	0	0
Total	81	0	0	81

4.6 Closed Requests

4.6.1 Number of requests closed within legislated timelines

The following section reports the number and percentage of requests closed within legislated timelines with or without extensions during the current reporting period. Overall, 292 representing 60%, of the 484 requests, were closed within the legislative timelines. This result is down from the 68% achieved in the previous fiscal year.

Table 4.6.1 Requests closed within legislated timelines

Number of requests closed within legislated timelines	292
Percentage of requests closed within legislated timelines (%)	60.33

4.7 Deemed refusals

4.7.1 Reasons for not meeting legislated timelines

During the reporting period, ISC did not respond within the statutory timelines on 192 occasions. The majority of deemed refusals (late) were a result of challenges in the Departments ability to retrieve records due to ongoing remote work requirements and a rise in the number of requests received. Pressures also included external consultations with First Nation's communities and other institutions. All of these factors affected workload and overall performance for the Department.

Table 4.7.1 Reasons for not meeting legislated timelines

Number of requests closed past the legislated timelines	Principal Reasons
	Interference with Operations / Workload	External Consultation	Internal Consultation	Other
192	186	4	2	0

4.7.2 Requests closed beyond legislated timelines (including any extension taken)

Requests closed beyond legislated timelines include any files where a request for extension was requested. During the current reporting period the total number of closed requests that were deemed refusals (late) is broken down by the number of days that elapsed past the legislated timelines. During this reporting period 67 requests had no requested extension taken on the file and were closed past the legislated timelines and 125 were closed past the timelines and an extension was taken on the file.

Table 4.7.2 Requests closed beyond legislated timelines (including any extension taken)

Number of days past legislated timelines	Number of requests past legislated timeline where no extension was taken	Number of requests past legislated timeline where an extension was taken
1 to 15 days	4	2
16 to 30 days	8	4
31 to 60 days	6	2
61 to 120 days	5	16
121 to 180 days	2	10
181 to 365 days	15	22
> 365 days	27	69
Total	67	125

4.8 Requests for translation

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

Table 4.8 Request for translation

Translation Requests	Accepted	Refused	Total
English to French	0	0	0
French to English	0	0	0
Total	0	0	0

6. Fees

In accordance with the changes to the ATIA that came into force on June 21, 2019, ISC may only charge an application fee of $5, as set out in paragraph 7(1)(a) of the Regulations. Pursuant to section 11 of the Access to Information Act, institutions can waive this application fee as deemed appropriate.

With respect to fees collected under the ATIA, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.

Under the authority of the ATIA, the Department collected a $5 application fee for 407 requests, a total of $2,035, over the course of the 2021-2022 reporting period (Table 5) and waived the applicable fee on 37 requests for a total of $185. Fees were waived in support of openness and transparency and when requested by Indigenous partners.

Text alternative for: Table 6. Fees collected and waived

Table 6 is a pie chart that shows ATIP fees collected and waived. Ninety-two percent (92%) of the total was for fees collected, for two-thousand-thirty-five dollars ($2,035). The remaining eight percent (8%) of the total was fees waived, at one-hundred-eighty-five dollars ($185).

7. Consultations Received from other Institutions and Organizations

The Access to Information and Privacy Directorate, communicates with other departments to inquire on their service standards in order to ensure legislative timelines are met.

7.2 Recommendations and completion time for consultations received from other Government of Canada institutions

In 2021-2022, of the 93 consultations completed, 66 consultations or 71% were recommended by the Department for full disclosure (Table 7.2). Seventy-eight consultations or 84%, were completed within 120 days of their receipt. There were (15) occurrences (16%) where the Department required longer than 120 days to provide a response to their request.

Text alternative for: Table 7.2 Consultation and completion time for consultations received from other Government of Canada institutions

Table 7.2 describes the consultation and completion time for consultations received from other Government of Canada institutions.

Files were recommended to be disclosed entirely four (4) times in the first fifteen (15) days, twenty-two (22) times from day sixteen (16) to thirty (30), twenty-eight (28) times from day thirty-one (31) to sixty (60), seven (7) times from day sixty-one (61) to one-hundred-twenty (120), twice from day one-hundred-twenty-one (121) to one-hundred-eighty (180), once from day one-hundred-eighty-one (181) to three-hundred-sixty-five (365), and twice for day three-hundred-sixty-five and over (>365).

Files were recommended to be disclosed in part twice for consults closed between sixteen (16) and thirty (30) days, four (4) times between day thirty-one (31) to sixty (60), six (6) times between day sixty-one (61) to one-hundred-twenty (120), once between day one-hundred-twenty-one (121) to one-hundred-eighty (180), five (5) times from day one-hundred-eighty-one (181) to three-hundred-sixty-five (365), and twice for three-hundred-sixty-five days and over (>365).

ATIP recommended consult other organisations twice for files closed in the first fifteen (15) days, once for files closed between day thirty-one (31) to sixty (60), twice between day sixty-one (61) to one-hundred-twenty (120), once between day one-hundred-twenty-one (121) to one-hundred-eighty (180), and once for three-hundred-sixty-five days and over (>365).

7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada

In 2021-2022, the Department received 16 new consultation requests from other organizations and a total of 17 consultations were closed in the course of the same period. Amongst the 17 responses, 11 were recommended for full disclosure and five (5) were recommended to be partially disclosed.

Text alternative for: Table 7.3 Recommendations and completion time for consultations received from other organizations

Table 7.3 lists recommendations and completion time for consultations received from other organisations.

For consults recommended to be disclosed entirely, six (6) were closed between days sixteen (16) to thirty (30), two (2) times between day thirty-one (31) to sixty (60), and three (3) times between sixty-one (61) to one-hundred-twenty (120).

For consults recommended to be disclosed in part, two (2) were closed between days sixteen (16) to thirty (30), one (1) between days and two (2) from day one-hundred-eighty-one (181) to three-hundred-sixty-five (365).

Other institutions were recommended to be consulted once, between day thirty-one (31) to sixty (60).

8. Completion time of Consultations on Cabinet Confidences

In this section, the information provides detailed information on the number of completed consultations during the current reporting period in regards to the application of Section 69 (cabinet confidences) of the Act. It some instances, a file may have required more than one consultation concerning the application of Section 69. For this reason, the number of consultation may not necessarily reflect the total number of closed requests where consultations on Section 69 were completed.

9. Complaints and Investigations

The Access to Information and Privacy Directorate has assigned a Team Leader (PM-05) as the Complaint Coordinator. The Complaint Coordinator oversees the processing of complaints with the Office of the Information Commissioner (OIC) and briefs the Director and Deputy Director on the progress made on complaints in addition to any issues concerning specific files.

The Director, Deputy Director and the Complaint Coordinator, regularly meet with the OIC. During these meetings, they discuss the progress and status of complaint files and shifting priorities. These meetings have assisted CIRNAC to open the line of communication with the OIC and has also assisted with the closing of numerous complaints during the reporting period.

The annual statistical report requires institutions to identify sections of the Act under complaint (section 32, 30(5) 35 and 37).

• Section 32 captures a new formal complaint from the OIC;
• Section 30(5) captures when a complaint is discontinued or abandoned;
• Section 35 requires the institution to make representations against a complaint to the OIC; and
• Section 37 is the formal finding of the OIC and closure of the complaint.

9.1 Investigations

During the 2021-2022 reporting period, 20 new complaints were registered with the OIC (Table 9.1), 12 are complaints concerning delays in the processing of the files and eight (8) are concerning exemptions or exclusions applied on the records. The Department has also received three (3) section 35 letters, where the OIC was seeking formal representations for files under complaint investigation. These sections are not cumulative.

During the reporting period, 20 delay complaints were closed, where a total 14,501 pages were reviewed and 1,667 pages were released. In addition, four (4) complaints were closed concerning exemptions or exclusions applied on the records, 348 pages were re-reviewed in response to these complaints. Ten (10) complaints were closed, addressing an incomplete search within the department as the complainants were in the view that some records were missed.

Text alternative for: Table 9.1 Investigation

Table 9.1 describes OIC investigations

were three (3) Section 35 Formal representations, and twenty (20) Notices of intention to investigate.

10. Court Action

There was no federal court action during this reporting period.

11. Resources related to the Access to Information Act

11.1 Allocated Costs

In 2021-2022, ISC spent a total of $1,138,761 on staffing and goods and services. Of this total, $270,428 spent for goods and services which included Professional service contracts and other related costs. These amounts reflect the level of effort in support of ISC's responsibilities pursuant to the Act (Table 11.1).

Text alternative for: Table 11.1 Costs

Table 11.1 is a pie chart that lists breakdown of allocated costs. Goods and services amounted to two-hundred-seventy-thousand-four-hundred-twenty-eight dollars ($270,428) while eight-hundred-sixty-eight-thousand-three-hundred-thirty-three dollars ($868,333) went to salaries.

11.2 Human Resources

In 2021-2022, ISC allocated a total 7.79 full time employees (FTE), including the services of one consultant, in the course of the reporting period (Table 11.2).

Text alternative for: Table 11.2 Human resources

Table 11.2 is a pie chart that lists the employees allocated to ISC.

V. 2021-2022 Points of Interest

The ATIP Directorate is located under Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), who administers the Access to Information Act (ATIA) on behalf of Indigenous Services Canada (ISC) through a Memorandum of Understanding (MOU) between the Departments. This past fiscal year (2021-2022) was the fourth full year of reporting for ISC under the ATIA.

The Department received 444 ATIA requests and closed 484. It processed 218,173 pages of records under the legislation and carried over 337 files into the new fiscal year (2022-2023).

The Department achieved 60% compliance under the ATIA for meeting legislative timelines down from 68% achieved the previous fiscal year.

During this reporting period, there was a considerable increase in the number of requesters who declined to identify themselves (public, media, business etc.) which represents 28% of the requests received. Requests from the Public followed at 24% and then 20% from businesses.

In addition, 109 requests for consultation were received from other federal institutions and organizations with a total page count of 5,682 pages processed. This is an increased compared to the previous year, where 65 consultations required review of 2,940 pages.

Furthermore, 231 informal requests were received and processed in the course of the 2021-2022 reporting period. An increase from the previous fiscal year where 144 informal request were processed.

The majority of exemptions applied pursuant to the ATIA Act was section 20 for third party information. The second most applied exemption was section 21(1) for advice or deliberations and the third most applied was section 19(1) for personal information. The exclusion applied the most was under section 68 as the records were already publicly available.

Extensions requested beyond 30 days, pursuant to the ATIA, was applied under Section 9(1)(a) for interference with operations due to higher than normal requests and workloads.

The Department received 20 complaints from the Office of the Information Commissioner, closed 34 and processed 14,849 pages under complaints.

During the fiscal year, the ATIP office provided recommendations to the sectors concerning the proactive disclosure of their documents. A total of 31 files were processed and 2,616 pages were reviewed.

ATIP Directorate also trained a total of 369 employees on the ATIA and the Privacy Act (PA) in 2021-2022.

The ATIP office continuously monitors progress on all ATIA files. Reports are prepared monthly to ensure compliance with legislative timelines. In addition, quarterly reports are also extracted on the Department's performance in meeting legislative time frames and are shared with the senior management table.

In 2021-2022, ISC spent a total of $1,138,761 on staffing and goods and services in support of the ATIA. Of this total, $270,428 included Professional service contracts and other related costs. These amounts reflect the level of effort in support of ISC's responsibilities pursuant to the Act.

A total 7.79 full time employees (FTE) were allocated, including the services of one consultant to address backlog files.

In effort to better serve Canadians, ATIP has continued to provide responses to requesters electronically through E-Post Connect and email. The department continues to monitor for new internal procedures options to streamline processes and increase effectiveness. In addition, a consultant was hired to help in reducing backlog files.

Order of Delegation of the Privacy Act dated November 6, 2020

Designation Pursuant to Section 73 of the Accees Information Act

6

Advise requesters that we need additional information to proceed with their request

7(a)

Give written notice to requestor that we can proceed with the request

8(1)

Transfer request to another institution or accept transfer from another institution

9

Extend time limits

10

Refuse to acknowledge or deny the existence of records

11

Charge additional fees

12

Provide access in alternate format

13

Exempt information obtained in confidence

14

Exempt information pertaining to federal-provincial affairs

15

Exempt information pertaining to international affairs and/or defence

16

Exempt information pertaining to law enforcement and investigations

17

Exempt information pertaining to the safety of individuals

18

Exempt information pertaining to the economic interests of Canada

19

Exempt personal information

20

Exempt or disclose third party information

21

Exempt information pertaining to advice, decision-making processes of government plans and positions etc.

22

Exempt information pertaining to testing procedures or audits

23

Exempt information pertaining to solicitor-client privilege

24

Exempt information subject to statutory prohibitions or other Acts of Parliament

25

Sever information

26

Exempt information to be published within 90 days

27(1)(4)

Notify third parties of their rights to provide comments/representations regarding the disclosure of their records

28

Receive third party representations; make a decision as to whether to disclose the record or part thereof; and, notify third party of right to appeal to Federal Court

29(1)

Disclose information on Information Commissioner's recommendation

33

Advise the Information Commissioner of any third-party involvement

35(2)

Make representations to the Information Commissioner during an investigation

37(4)

Release information to complainant

43(1)

Issue a notice to a third party of an application for Court review

44(2)

Issue a notice to an applicant that a third party has applied for Court review

52

Request special rules for hearings

69

Exclude Cabinet Confidences

71

Inspect and exempt information in manuals

72(1)

Prepare Annual Report to Parliament

77

Carry out responsibilities conferred to the Head of the institution by the regulations made under section 77 which are not included in the above

Delegation of Authority Schedule

Please see Access to Information Act for more information on the Access to Information Act.

Designation Pursuant to Section 73 of the Privacy Act

Sections and Powers, Duties or Functions

8(2)

Disclose personal information without the consent of the individual to whom it relates

8(4)

Keep copies of requests made under 8(2)(e), keep records of information disclosed pursuant to such requests and to make those records available to Privacy Commissioner

8(5)

Notify the Privacy Commissioner in writing of disclosure under paragraph 8(2)(m)

9(1)

Retain a record of use of personal information

9(4)

Notify the Privacy Commissioner of consistent use of personal information and update index accordingly

10

Include personal information in personal information banks

11(a)

Publish annually an index of all personal information banks and their respective contents

11(b)

Publish annually an index of all personal information held by the institution which is not part of a bank

14

Respond to request for access, within statutory deadline; give access or give notice

15

Extend time limit and notify applicant

16

Where access is refused

17(2)(b)

Language of access or alternative format of access

17(3)(b)

Access to personal information in alternative format

18(2)

May refuse to disclose information contained in an exempt bank

19(1)

Shall refuse to disclose information obtained in confidence from another government

19(2)

May disclose any information referred to in 19(1) if the other government consents to the disclosure or makes the information pubic

20

May refuse to disclose information injurious to federal-provincial affairs

21

May refuse to disclose information injurious to international affairs and/or defence

22

May refuse to disclose information injurious to law enforcement and investigation

23

May refuse to disclose information injurious to security clearances

24

May refuse to disclose information collected by the Canadian Penitentiary Service, the National Parole Service or the National Parole Board

25

May refuse to disclose information injurious to which could threaten the safety of individuals

26

May refuse to disclose information about other individuals, and shall refuse to disclose such information where disclosure is prohibited under section 8

27

May refuse to disclose information subject to solicitor-client privilege

28

May refuse to disclose information relating to an individual's physical or mental health where disclosure is contrary to the best interests of the individual

31

Receive notice of investigation by the Privacy Commissioner

33(2)

Make representations to the Privacy Commissioner during an investigation

35(1)

Receive the Privacy Commissioner's report of findings of the investigation and give notice of action taken

35(4)

Give complainant access to information after 35(1)(b) notice

36(3)

Receive Privacy Commissioner's report of findings of investigation of exempt

37(3)

Receive report of Privacy Commissioner's findings after compliance investigation where the institution has not complied with sections 4 to 8

51(2)(b)

Request that matter be heard and determined in National Capital Region

51(3)

Request and be given right to make representations in section 51 hearing

72(1)

Prepare Annual Report to Parliament

77

Carry out responsibilities conferred on the Head of the institution by the regulations made under section 77 which are not included above

Delegation of Authority Schedule

Please see Privacy Act for more information on the Privacy Act

Section 1: Requests Under the Access to Information Act

Section 2: Informal Requests

Section 3: Applications to the Information Commissioner on Declining to Act on Requests

Section 4: Requests Closed During the Reporting Period

Section 5: Extensions

Section 6: Fees

Section 7: Consultations Received From Other Institutions and Organizations

Section 8: Completion Time of Consultations on Cabinet Confidences

Section 9: Investigations and Reports of finding

Section 10: Court Action

Section 11: Resources Related to the Access to Information Act