Annual Report on the Administration of the Access to Information Act 2022-2023

April 1, 2022 to March 31, 2023

Accessibility

As of the date of publication, this document has been verified for accessibility.

If you encounter any issues with this document, please contact the author.

GCDoc# 16311724 

Table of Contents

• Introduction
• Part I – About the Public Service Commission of Canada
• Part II – Annual report on the administration of the Access to Information Act
• 1. Organization structure and delegation
  • 1.1 Delegation order
  • 1.2 Organizational structure
• 2. 2022-2023 Performance
  • 2.1 Requests under the Access to Information Act
  • 2.2 Disposition of requests completed
  • 2.3 Exemptions and exclusions invoked
  • 2.4 Completion time and extensions
  • 2.5 Format of information released
  • 2.6 Consultations
  • 2.7 Informal requests
  • 2.8 Proactive Publication under Part 2 of the Act
  • 2.9 Impact of COVID-19
  • 2.10 Complaints
• 3. Summary of ATIP Office activities
  • 3.1 Policies, guidelines and procedures
  • 3.2 Advice, training and awareness
  • 3.3 Initiatives and projects to improve access to information
  • 3.4 Monitoring compliance
• 4. Fees and costs
• Annex A – Delegation instrument
• Annex B – 2022-2023 Access to Information Act Statistical Report
• Annex C – Supplemental Statistical Report on the Access to Information Act and the Privacy Act

Introduction

The Access to Information Act (the Act) came into force on July 1, 1983. The Act gives Canadian citizens and permanent residents as well as other individuals present in Canada a broad right of access to information contained in government records, subject to certain specific and limited exceptions.

On December 12, 2006, the Act was amended as a result of the Federal Accountability Act. In June 2019, the Act was amended again. Its scope was expanded to include proactive publication of information.

Section 94 of the Act requires that the head of every federal institution produce an annual report on the administration of the Act by the institution. The report must be submitted to Parliament in the first 15 sitting days of the parliamentary session after September 1.

Prepared and tabled in accordance with section 94 of the Act and with section 20 of the Service Fees Act, this annual report summarizes the administration of the Act within the Public Service Commission of Canada for the 2022–2023 fiscal year.

This report is also available on the Publications page of the Public Service Commission of Canada’s website.

Part I – About the Public Service Commission of Canada

Raison d’être, mandate and role: who we are and what we do

Raison d’être

The President of the King’s Privy Council for Canada is identified as the appropriate minister for the Public Service Commission of Canada (PSC) in accordance with the Financial Administration Act. The PSC reports independently on its mandate to Parliament.

Through collaboration with departments and agencies, the PSC is dedicated to building tomorrow’s public service that is based on excellence and is representative of Canada’s diversity. It safeguards non-partisanship and promotes and protects merit and the use of both official languages in a staffing and recruitment context. It supports departments and agencies in recruiting talented people from coast to coast using innovative and modern services, tools, and practices.

Mandate and role

Under the delegated staffing system set out in the Public Service Employment Act, the PSC fulfills its mandate by promoting and safeguarding a non-partisan, merit-based and representative public service that serves all Canadians. It does this by:

• supporting departments and agencies in hiring qualified individuals into and within the public service
• overseeing and ensuring the integrity of public service hiring
• protecting the non-partisan nature of the public service while respecting employees’ rights to participate in political activities
• delivering recruitment programs and assessment services

Programs

As per the Service Inventory, the PSC delivers services via four programs, all of which support the delivery of its departmental results. While programs correspond closely to the PSC sectors, they were not defined based on the organizational structure. In fact, a program’s departmental result can be the result of work accomplished in more than one sector. Each of the PSC’s programs is headed by a vice-president who is responsible for achieving results.

Policy Direction and Support

The Policy Direction and Support Program exists to support departments and agencies in hiring qualified individuals into and within the public service, in experimenting and innovating with their staffing approaches and supporting strategies to help them both meet their business needs and achieve their diversity and employment equity objectives. The Policy Direction and Support Program establishes government-wide direction on staffing through regulations and policy. This program also provides guidance to organizations to enable legislative, regulatory and policy compliance, including providing expert advice. The program also assesses public servants' requests for permission to become candidates for elected office and conducts outreach to ensure public servants know their legal rights and responsibilities regarding political activities.

Recruitment and Assessment Services

The Recruitment and Assessment Services Program exists to support departments and agencies in the hiring of qualified individuals into and within the public service, helping to shape a workforce reflecting Canada’s diversity. The program includes the delivery of recruitment programs, student programs, assessment and accommodation services and the administration of legislated priority entitlements. Through outreach and the use of modern tools, online systems, and technology, it reduces barriers for Canadians accessing public service jobs. This program also collaborates with departments and agencies to create and implement innovative staffing and assessment approaches to meet the Government of Canada’s strategic recruitment priorities and renew the public service.

Oversight and Monitoring

The Oversight and Monitoring Program exists to ensure the integrity of the merit-based public service hiring process and to identify areas for continuous improvement of the public service. The program performs audits and investigations and conducts surveys to monitor organizational compliance with staffing legislation, regulations, policies, and to provide a system-wide view of the public service staffing environment. This program also monitors and analyzes hiring data and conducts research to provide departments and agencies, and Canadians with an informed view of the dynamics of public service hiring.

Internal Services

Internal Services are those groups of related activities and resources that the Federal Government considers to be services in support of programs and/or required to meet corporate obligations of an organization. Internal Services refer to the activities and resources of 10 distinct services that support program delivery in the organization, regardless of the Internal Services delivery model in a department. These services are: Acquisition Management Services, Communications Services, Financial Management Services, Human Resources Management Services, Information Management Services, Information Technology Services, Legal Services, Materiel Management Services, Management and Oversight Services, Real Property Management Services.

Part II – Annual report on the administration of the Access to Information Act

1. Organizational structure and delegation

The PSC has a stable and effective Access to Information and Privacy (ATIP) program. The ATIP Office works closely with PSC employees to make sure all requests are handled on time. It relies on open communication with PSC sectors, government organizations, third parties and requestors to ensure optimal application of the Act.

1.1 Delegation order

The President of the PSC is designated as the head of the institution for the administration of the Act. Subsection 95(1) of the Act allows the President to sign an order authorizing one or more delegated officers or employees to exercise specific powers, duties, or functions. Some provisions resulting from the amendments to the Act can only be exercised at the PSC by the President.

Most of the President’s powers, duties and functions under the Actare delegated to the Director, Sector Management and ATIP Coordination. The Director is the designated ATIP Coordinator for the PSC. Partial delegation is also provided to the ATIP Manager, who has operational responsibility for the application of the Act.

Refer to Annex A – Delegation Instrument.

1.2 Organizational structure

ATIP Office

The ATIP Office supports the ATIP Coordinator in administering the provisions of the Act and related Treasury Board Secretariat (TBS) policies for the PSC. Housed in the Chief Financial Officer and Vice-President’s Office of the Corporate Affairs Sector, the ATIP Office is currently supported by a Manager, a Senior Advisor and 2 Analysts.

The ATIP Coordinator is responsible for developing, reviewing and implementing effective policies, guidelines, systems and procedures to ensure requests are processed efficiently under the Act and as directed by TBS policies and directives. The activities of the ATIP Coordinator include:

• responding to requests made under the Act
• acting as spokesperson for the PSC in dealings with TBS, the Office of the Information Commissioner, and other government departments and agencies on matters related to the Act
• responding to consultation requests submitted by other government institutions with respect to PSC documents
• reviewing information collected in accordance with the Policy on Communications and Federal Identity and the Mandatory Procedures for Public Opinion Research
• preparing the Annual Report to Parliament on the administration of the Act and other statutory reports, as well as other material that may be required by central agencies
• promoting awareness and providing advice to PSC employees to ensure that obligations under the Act and TBS policies are met, and assessing their impact on various program initiatives
• monitoring the PSC’s compliance with the Act, regulations and other relevant policies and procedures, including those relevant to proactive publication

In addition to receiving and processing requests made under the Act, the ATIP Office provides general and personalized training sessions to employees, maintains policies and procedures, provides support to sector liaison officers, and makes sure employees understand their roles, responsibilities and obligations under the Act.

The Senior Advisor supports the Manager in reviewing requests for access to information received by the PSC as well as conducting regular reviews of the departmental Info Source chapter.

The Analysts are responsible for processing requests and consultations under the Act, preparing responses and supporting all other ATIP responsibilities.

The PSC did not enter into any new service agreements for ATIP services with other government institutions during the reporting period.

Liaison Officers

The ATIP Office processes requests with the help of liaison officers, who are employees across the organization with extensive knowledge of their respective sector’s activities which enables them to act as the point of contact between their area and the ATIP Office. There is a liaison officer for each sector of the PSC, as well as for the Corporate Secretariat and the Office of the Chief Audit and Evaluation Executive.

Liaison officers play an important role in making sure the PSC thoroughly searches its record holdings when handling requests, by:

• assigning program experts to search for relevant records
• advising if there are other offices of primary interest
• informing the ATIP Office of any issues regarding specific requests (delays, interference with operations, need to consult)
• delivering relevant records, with sector recommendations, to the ATIP Office

2. 2022-2023 Performance

In the 2022-23 reporting period, the PSC received a total of 78 requests under the Access to Information Act and the Privacy Act. This is a 7% decrease in overall volume received compared to the previous year. Excluding the limited surge in requests under the Privacy Act observed in 2015–16 and 2016-17, the overall number of requests received during the reporting period remains comparable to the average annual volume received by the PSC over the last 10 reporting periods.

2.1 Requests under the Access to Information Act

From April 1, 2022, to March 31, 2023, the PSC received 34 requests under the Access to Information Act. An additional 3 requests were carried over from the previous reporting period. This is a 23% decrease in requests received compared with the previous year.

The PSC closed a total of 34 requests during the reporting period. A total of 7,665 pages were processed, of which 6,528 pages were approved for disclosure in whole or in part. At the end of this reporting period, 3 requests were still being processed and were carried over within the legislated timelines.

Requests closed during the reporting period touched on similar topics as those received in previous years:

• 7 (21%) pertained to Employment Equity
• 5 (15%) were for statistics or raw data related to PSC program activities
• 4 (12 %) were for personal information
• 3 (9%) pertained to Human Resources
• 1 (3%) pertained to Procurement
• 1 (3%) pertained to Second Language Evaluation
• 4 (12%) were for various other types of information
• 9 (26%) were for information not related to the PSC (these requestors received information to help them better direct their enquiries)

2.2 Disposition of requests completed

For the 34 requests closed during this reporting period, information was released in whole or in part in 22 cases, representing 65% of the total volume. The remaining 12 requests were either abandoned by the applicant ( 3%), transferred to another department (3%) or no records existed ( 29%).

2.3 Exemptions and exclusions invoked

Sections 13 to 24 of the Act set out exemptions to protect information from disclosure. When the PSC used those exemptions, it applied the principle of severing (section 25 of the Act) to release as much information as possible.

During the reporting period, the exemptions used most often were for personal information (subsection 19(1 )) or pertained to testing procedures, tests and audits (section 22).

No exclusions were invoked.

2.4 Completion time and extensions

Of the 34 requests closed during the reporting period:

• 16 (47%) were closed within the initial 15 days
• 11 (32%) were closed within 30 days
• 6 (18%) were closed within 31 to 60 days
• 1 ( 3%) was closed within 61 to 120 days

Of the 7 requests that were closed beyond the initial 30 days, 3 did not require an extension as the due date fell on a weekend and the requests were closed on the following business day. When the due date of a request falls on a weekend or a statutory holiday, the request is deemed to be completed on time if the response is issued during the next available working day.

The 30-day response time required by law may be extended under subsection 9(1) of the Act. A request may be extended as per multiple provisions of this subsection. During the reporting period, the extension provision was invoked 3 times due to interference with operations/workload pressures, and one time due to consultation.

All requests were closed within the time limits established under the Act.

2.5 Format of information released

All information released, in whole or in part, during the reporting period was provided in electronic format.

2.6 Consultations

The PSC received 35 requests for consultation from other government institutions and 2 requests from organizations outside the Government of Canada, all of which were closed during this reporting period. The processing of these consultations required the review of 1,200 pages.

Of the 37 consultation requests closed during the reporting period, the PSC:

• agreed to the full release of records for 34 requests
• recommended partial exemptions for 3 requests

The PSC did not consult other government departments and agencies in relation to the processing of any requests that were completed during the reporting period.

2.7 Informal requests

The PSC’s policy is to handle new requests informally when records have already been released in response to previous requests under the Act. By doing this, the PSC strives to improve and facilitate access.

During the reporting period, 6 informal requests were received and completed, which allowed for the re-release of 10,397 pages.

Summaries of completed Access to Information requests are posted on the Open Data Portal.

2.8 Proactive Publication under Part 2 of the Act

The ATIP office is responsible for the proactive publication of briefing note titles and numbers as well as of the summaries of completed requests under the Act. Information is reviewed, approved and published on a monthly basis.

The PSC’s Communications and Parliamentary Affairs Directorate provides support for the online publication of reports tabled in Parliament, including the Departmental Plan, the Departmental Results Report and the Departmental Results Framework.

The PSC is also consistent in proactively disclosing position reclassifications, contracts over $10,000, travel and hospitality expenses on the Open Government Portal.

2.9 Impact of COVID-19

During the reporting period, the COVID-19 pandemic did not significantly disrupt the administration of the Actat the PSC. The ATIP Office continued to receive most requests via the ATIP Online Request Service and was enabled to electronically process requests before the pandemic. Virtual approval processes implemented at the start of the COVID-19 pandemic continued to prove to be efficient and are taken into consideration in the planning of a hybrid work environment. The ATIP Office continues to rely on a secure file transfer platform to provide requestors and other government institutions with responses to their requests and consultations.

2.10 Complaints

During the reporting period, 3 new complaints against the PSC were received by the Office of the Information Commissioner regarding the processing of requests under the Act. One complaint, received in the 2019-20 reporting period, is still outstanding.

Of these 4 complaints, 2 are related to exemptions or exclusions applied to the information released to the requestor and 2 are related to missing or incomplete records. At the time of producing the current report, all 4 complaints were still pending assignment of an investigator at the Office of the Information Commissioner.

3. Summary of ATIP Office activities

3.1 Policies, guidelines and procedures

In this reporting period, no policies, guidelines, procedures or other key documents were developed or updated by the ATIP Office.

3.2 Advice, training and awareness

Advice

In addition to processing requests under the Act, the ATIP Office advises PSC managers and employees on a variety of issues related to the Act.

During the reporting period, the ATIP Office responded to 96 internal consultation requests, which pertained mainly to:

• documents to be published on the Open Government Portal
• audit reports, responses to parliamentary questions and other documents prior to publication to make sure information released aligns with what would be released under the Act

Training and awareness

The ATIP Office continues to offer a core training program for PSC supervisors and managers. The main goal of this training program is to make sure supervisors and managers are fully aware of their responsibilities under the Actand related policies.

The Canada School of Public Service’s self‑directed course “Fundamentals of Access to Information and Privacy” is also actively recommended for all employees.

3.3 Initiatives and projects to improve access to information

Tracking system and imaging software

The ATIP Office continues to use AccessPro Case Management and AccessPro Redaction tools. During the reporting period, it also integrated ATIP Online Management Tool into its workflow. This change caused little-to-no disruptions to the activities of the ATIP Office and provides users, with a simple online tool to make requests under the Act, manage their ongoing and completed requests and track the progress of their requests.

Open government

The PSC Open Government Implementation Plan outlines a set of activities and deliverables to meet its requirements under the TBS Directive on Open Government. Through the Plan, the PSC develops the internal mechanisms it needs to maximize the release of government information and data of business value. To ensure protection of sensitive information before it is published, the ATIP Office provides strategic advice and reviews information while considering the principles of exemptions defined in the Act.

In 2022-2023, the PSC Open Government Secretariat continued piloting its initiative to increase awareness and provide tools for determining whether governance documents are eligible for publication on the Open Government Portal. The intent of this initiative is to encourage increased proactive publication of PSC information that could be of value to Canadians.

3.4 Monitoring compliance

The PSC ATIP Office relies on software tools, namely AccessPro Case Management, to track all requests as they are received, analyzed and completed. For each request, information is input to document every step taken throughout processing, including any discussions with the requestor or with an office of primary interest (OPI) to clarify elements of the request. This process also allows for scheduling and monitoring of time taken to complete a request and to plan for any potential extensions. The ATIP Office assists the OPIs throughout the information retrieval process and takes steps to ensure timelines are met.

Employees of the ATIP Office meet regularly to discuss ongoing requests, and the ATIP Coordinator is briefed on workload and other related issues on a weekly basis.

4. Fees and costs

Fees

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution. With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.

• Enabling authority: Access to Information Act
• Fee payable: A $5 application fee is the only fee charged for Access to Information requests.
• Total revenue: The PSC collected $95 in application fees.
• Fees waived or refunded: The PSC refunded $10 in application fees and waived the $5 application fee relative to 5 requests, for a total of 35$.

Costs

During the reporting period, the PSC spent $ 128,708 on salaries for the administration of the Act. This represents a 40% increase in operating costs compared to the previous reporting period, mainly attributed to the staffing of vacant positions.

Annex A – Delegation Instrument

Access to Information Act – Delegation Order

The President of the Public Service Commission of Canada, as the head of the government institution, hereby designates pursuant to section 95 of the Access to Information Act, the persons holding the positions set out below, or the persons occupying on an acting basis those positions, to exercise any of the powers, duties or functions of the Head of the government institution vested in them by the Act.

This delegation is effective as of December 22, 2020.

Appendix A

Access to Information Act

Access to Information Regulations

Annex B – 2022–23 Access to Information Act Statistical Report

Name of institution: Public Service Commission of Canada

Reporting period: April 1, 2022 to March 31, 2023

Section 1: Requests Under the Access to Information Act

1.1 Number of requests

1.2 Source of requests

1.3 Channels of requests

Section 2: Informal requests

2.1 Number of informal requests

2.2 Channels of informal requests

2.3 Completion time of informal requests

2.4 Pages released informally

2.5 Pages re-released informally

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

Section 4: Requests Closed During the Reporting Period

4.1 Disposition and completion time

4.2 Exemptions

4.3 Exclusions

4.4 Format of information released

4.5 Complexity

4.5.1 Relevant pages processed and disclosed for paper and e-record formats

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

4.5.3 Relevant minutes processed and disclosed for audio formats

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

4.5.5 Relevant minutes processed and disclosed for video formats

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

4.5.7 Other complexities

4.6 Closed requests

4.6.1 Requests closed within legislated timelines

4.7 Deemed refusals

4.7.1 Reasons for not meeting legislated timelines

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

4.8 Requests for translation

Section 5: Extensions

5.1 Reasons for extensions and disposition of requests

5.2 Length of extensions

Section 6: Fees

Section 7: Consultations Received From Other Institutions and other organizations

7.1 Consultations received from other Government of Canada institutions and other organizations

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

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

Section 8: Completion Time of Consultations on Cabinet Confidences

8.1 Requests with Legal Services

8.2 Requests with Privy Council Office

Section 9: Investigations and Reports of finding

9.1 Investigations

9.2 Investigations and Reports of finding

Section 10: Court Action

10.1 Court action on complaints

10.2 Court action on third party notifications under paragraph 28(1)(b)

Section 11: Resources Related to the Access to Information Act

11.1 Allocated Costs

11.2 Human Resources

Annex C – Supplemental Statistical Report on the Access to Information Act and the Privacy Act

Name of institution: Public Service Commission of Canada

Reporting period: April 1, 2022 to March 31, 2023

Section 1: Capacity to Receive Requests Under the Access to Information Act and the Privacy Act

Enter the number of weeks your institution was able to receive ATIP requests through the difference channels.

Section 2: Capacity to Process Records Under the Access to Information Act and the Privacy Act

2.1 Enter the number of weeks your institution was able to process paper records in different classification levels.

2.2 Enter the number of weeks your institution was able to process electronic records in different classification levels.

Section 3: Open Requests and Complaints Under the Access to Information Act

3.1 Enter the number of open requests that are outstanding from previous reporting periods.

3.2 Enter the number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods.

Section 4: Open Requests and Complaints Under the Privacy Act

4.1 Enter the number of open requests that are outstanding from previous reporting periods.

4.2 Enter the number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods.

Section 5: Social Insurance Number

Section 6: Universal Access Under the Privacy Act