1st Annual Report to Parliament on the Administration of the Access to Information Act 2014-2015

   2014-2015 The Access to Information Act (PDF)

November 1, 2014 to March 31, 2015

Table of Contents

  1. Introduction
  2. About the ATSSC
  3. The Access to Information and Privacy Office
  4. Designation Order
  5. ATSSC Statistical Overview
  6. Sources of Requests
  7. Consultations
  8. Disposition of Completed Requests
  9. Exemptions Invoked
  10. Completion Time and Extensions
  11. Complaints
  12. Training Activities
  13. Policies, Guidelines and Procedures
  14. Monitoring

Introduction

The Administrative Tribunals Support Service of Canada (ATSSC) was established on November 1, 2014, with the coming into force of the Administrative Tribunals Support Service of Canada Act. The ATSSC is responsible for providing support services and facilities to 11 federal administrative tribunals by way of a single, integrated organization.

The ATSSC provides the full range of support services and facilities required by the tribunals to meet their statutory obligations. These services include specialized and expert support services (e.g., research and analysis, legal and other case-specific work), registry services and corporate services, including obligations under the Access to Information Act (the Act).

The ATSSC is pleased to present to Parliament its 1st annual report on the administration of the Act for the period November 1, 2014 to March 31, 2015.

The purpose of the Act is to extend the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government. The Act is intended to complement and not replace existing procedures for access to government information and is not intended to limit in any way access to the type of government information that is normally available to the general public.

Section 72 of the Act requires the head of every federal government institution to prepare and table an annual report to Parliament on the administration of the Act during the fiscal year. This report outlines how the ATSSC administered the Act from the date the organization came into force, November 1, 2014, to March 31, 2015.

About the ATSSC

The creation of the ATSSC is consistent with the government’s ongoing commitment to improve the effectiveness and efficiency of its administration and operations. By consolidating the provision of support services for 11 administrative tribunals, the government is strengthening overall capacity and modernizing operations to better meet the administrative needs of federal tribunals and to improve access to justice for Canadians.

The administrative tribunals served by the ATSSC include:

  • the Canada Industrial Relations Board;
  • the Canadian Cultural Property Export Review Board;
  • the Canadian Human Rights Tribunal;
  • the Canadian International Trade Tribunal;
  • the Competition Tribunal;
  • the Public Servants Disclosure Protection Tribunal;
  • the Public Service Labour Relations and Employment Board;
  • the Canadian Agricultural Review Tribunal;
  • the Specific Claims Tribunal;
  • the Social Security Tribunal; and
  • the Transportation Appeal Tribunal of Canada.

The ATSSC’s work encompasses a broad range of activities required by the tribunals to meet their statutory obligations, including the following:

  • Common functions of corporate services (e.g., human resources, financial services, information technology, accommodations and communications);
  • Registry services; and
  • Core mandate support services (e.g., research and analysis, legal and other case-specific work).

The ATSSC reports to Parliament through the Minister of Justice.

The Access to Information and Privacy Office

The Access to Information and Privacy (ATIP) Office is part of the Executive Secretary’s Office, which is under the direction of the Chief Administrator. Oversight of the ATIP Office is administered by the Executive Secretary who is also the ATIP coordinator for the ATSSC. The ATIP manager is responsible for the daily operations of the ATIP office and reports to the Executive Secretary. The ATIP Office comprises two full-time employees who are dedicated to access to information and privacy activities.

The ATIP Office receives, coordinates and processes requests for information under the Act, and serves as the main point of contact for the Office of the Information Commissioner (OIC).

Designation Order

Decision-making responsibility for the application of the various provisions of the Act has been formally established and is outlined in the Designation Order signed by the Chief Administrator on November 3, 2014. The Executive Secretary and the ATIP manager have also been delegated authorities as described in the designation order included in Appendix A.

ATSSC Statistical Overview

As the ATSSC was established on November 1, 2014, the statistical report reflects the period of November 1, 2014, to March 31, 2015. A copy of the Statistical Report is included in Appendix B.

Since coming into force, the ATSSC has received a total of 8 formal requests under the Act, 9 consultations and 1 informal request. One formal request will be carried forward into the new fiscal year period as it was received toward the end of this fiscal year. Therefore, a total of 7 formal requests were processed and completed under the Act for this reporting period.

Sources of Requests

Six (6) requests were submitted by the general public. Two (2) requests were submitted by the media.

Consultations

In addition to processing requests received under the Act, the ATSSC received nine consultation requests from other federal institutions on records deemed relevant to the ATSSC.

Disposition of Completed Requests

Since November 1, 2014, the ATSSC completed 7 requests under the Act. For 3 of those cases, the information sought was released in full. For another 3 of those cases, the ATSSC invoked exemptions and the requested information was released in part. No records existed for the final request.

Exemptions Invoked

The exemptions invoked by the ATSSC fell under the following sections of the Act:

  • Subsection 19(1), which protects personal information, was used in 3 cases; and
  • Section 23, which protects solicitor-client privilege information, was used in 1 case.

Completion Time and Extensions

The ATSSC responded to 2 requests within 1 to 15 days, 4 requests within 16 to 30 days, and 1 request within 31 to 60 days.

An extension of 30 days was taken for 1 request under section 9(1)(a) of the Act because the request was for a large number of records. In addition, meeting the original time limit would have unreasonably interfered with the operations of the ATSSC.

Complaints

The ATSSC was the subject of 1 complaint filed with the OIC, which dealt with the failure to provide records. The ATIP Office addressed that complaint by providing the necessary records to the OIC within the requested timeframe and met with the OIC to discuss the file. The results of the OIC investigation were outstanding at the time of this report.

Training Activities

No training activities were provided during this reporting period. Training opportunities and activities will be identified in the next fiscal year.

Policies, Guidelines and Procedures

A draft Access to Information Framework was developed and the ATSSC anticipates that it will be finalized in the new fiscal year. The ATSSC is guided by the Treasury Board of Canada Secretariat (TBS) access to information and privacy policy suite and instruments.

The ATSSC completed a partial Info Source chapter to meet the TBS requirements and will continue to build a complete chapter that describes all the ATSSC’s information holdings.

Monitoring

Monitoring access to information requests was conducted via a detailed spreadsheet containing all relevant and necessary information to ensure compliance with the legislated requirements. The spreadsheet was updated as new requests were received or the status of a file was changed. Weekly meetings between the ATIP manager and the Executive Secretary to discuss workload and priorities also assisted the ATSSC to meet its statutory obligations.


Appendix A

Access to Information Act
Designation Order

Access to Information Act
Designation Order

BY THIS ORDER made pursuant to section 73* of the Access to Information Act, I hereby designate the persons holding the positions set out in Schedule A, or the person occupying the position on an acting basis, to exercise the powers, duties and functions of the Chief Administrator, as the head of the Administrative Tribunals Support Service of Canada, under the provisions of the Act and related regulations, as specified in Schedule B, effective from November 1, 2014.

_______________________________________________________________________________________

Dated, at the City of Ottawa, this 3rd day of November, 2014.

*R.S.C., 1985, c. A-1

Original signed by
Marie-France Pelletier
______________________________________
NAME
Chief Administrator


SCHEDULE A

Position:

Chief Administrator
Executive Secretary
Access to Information and Privacy (ATIP) Manager

SCHEDULE B

Access to Information Act
Designation Order

"F" = Full Authority
"N" = No Authority. Authority to be obtained from the next level up.

Item # DESCRIPTION OF AUTHORITY ATIA SECTION CHIEF ADMINISTRATOR EXECUTIVE SECRETARY ATIP MANAGER
ACCESS
1. Responsibility of government institutions 4(2.1) F F F
2. Notify where access granted/refused 7(a) & (b) F F F
3. Transfer request 8(1) F F F
4. Extend time limits 9(1) F F F
5. Notify Information Commissioner of extension of time limits 9(2) F F F
6. Notify where access refused 10(1)(a) & (b) F F F
7. Require reproduction fees 11(1) F F F
8. Require search fees 11(2) F F F
9. Require fees for machine readable records 11(3) F F F
10. Require deposit 11(4) F F F
11. Notify of fee payment requirement 11(5) F F F
12. Waive or refund of fees 11(6) F F F
13. Obtain/Provide translation or not 12(2)(b) F F F
14. Obtain/Provide alternative format or not 12(3)(b) F F F
EXEMPTIONS
15. Refuse access – Confidential information 13(1)(a) to (e) F F N
16. Disclose confidential information 13(2)(a) & (b) F F N
17. Refuse access – Federal- provincial affairs 14(a) & (b) F F N
18. Refuse access – International affairs and defence 15(1)(a) to (i) F F N
19. Refuse access – Law enforcement and investigations 16(1)(a) to (d) F F N
20. Refuse access – Security information 16(2)(a) to (c) F F N
21. Refuse access – Personal information received from RCMP acting as a provincial or municipal entity 16(3) F F N
22. Refuse access - Public Servants Disclosure Protection Act 16.5 F F N
23. Refuse access – Safety of individuals 17 F F N
24. Refuse access – Economic interests of Canada 18(a) to (d)(vi) F F N
25. Refuse access – Economic interest of the Canada Post Corporation, Export Development Canada, the Public Sector Pension Investment Board and VIA Rail Canada Inc. 18.1 F F N
26. Refuse access – Another individual’s personal information 19(1) F F F
27. Disclose personal information 19(2)(a) to (c) F F F
28. Refuse access – Third party information 20(1)(a) to (d) F F N
29. Disclose testing methods 20(3) F F F
30. Disclose third party information on consent 20(5) F F F
31. Disclose in public interest 20(6) F F N
32. Refuse access – Advice, plans, etc. 21(1)(a) to (d) F F F
33. Refuse access – Tests for audits 22 F F F
34. Refuse access – Draft report 22.1(1) F F F
35. Disclose draft report 22.1(2) F F F
36. Refuse access – Solicitor-client privilege 23 F F F
37. Refuse access – Restricted information 24(1) F F F
38. Disclose severed information 25 F F F
39. Refuse access – Published information 26 F F F
THIRD PARTIES
40. Notify third parties 27(1)(a) to (c) F F F
41. Extend time for notice 27(4) F F F
42. Notify third party regarding disclosure 28(1)(b) F F F
43. Waive written representation from third party 28(2) F F F
44. Disclose after notice to third party 28(4) F F F
45. Disclose on Information Commissioner’s recommendation 29(1)(a) & (b) F F F
COMPLAINTS
46. Advise Information Commissioner of third party notice 33 F F F
47. Make representation to Information Commissioner 35(2)(b) F F F
48. Respond to Information Commissioner's request to disclose information previously exempted 37(1)(b) F F F
49. Give access to complainant 37(4) F F F
50. Notify third party of Court action 43(1) F F F
51. Notify applicant of Court action 44(2) F F F
52. Request Court hearing be in National Capital Region 52(2)(b) F F F
53. Make Ex Parte representations to Court 52(3) F F F
EXCLUSIONS
54. Refuse access – Excluded information 69 F F F
OTHER
55. Provide facilities to review manuals 71(1) F F F
56. Refuse access – Information severed from manuals based on exemptions/exclusions 71(2) F F F
57. Prepare annual report to Parliament 72(1) F F F
58. Delegate authority by Head of institution 73 F N/A N/A

Access to Information Regulations
Designation Order

Item # DESCRIPTION OF AUTHORITY ATI REGULATIONS SECTION CHIEF ADMINISTRATOR EXECUTIVE SECRETARY ATIP MANAGER
1. Transfer of request 6(1) F F F
2. Search and preparation fees 7(2) F F F
3. Production and programming fees 7(3) F F F
4. Require access to records by examination 8 F F F
5. Limitations in respect of format 8.1 F F F

Appendix B

Access to Information Act
Statistical Report

Name of institution: Administrative Tribunals Support Service of Canada

Reporting period: 2014-04-01 to 2015-03-31

Part 1: Requests Under the Access to Information Act

1.1 Number of requests

  Number of Requests
Received during reporting period 8
Outstanding from previous reporting period 0
Total 8
Closed during reporting period 7
Carried over to next reporting period 1

1.2 Sources of requests

Source Number of Requests
Media 2
Academia 0
Business (private sector) 0
Organization 0
Public 6
Decline to Identify 0
Total 8

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
1 0 0 0 1 0 0 2

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 1 2 0 0 0 0 0 3
Disclosed in part 0 2 1 0 0 0 0 3
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 1 0 0 0 0 0 0 1
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 2 4 1 0 0 0 0 7

2.2 Exemptions

Section Number of Requests Section Number of Requests Section Number of Requests Section Number of Requests
13(1)(a) 0 16(2) 0 18(a) 0 20.1 0
13(1)(b) 0 16(2)(a) 0 18(b) 0 20.2 0
13(1)(c) 0 16(2)(b) 0 18(c) 0 20.4 0
13(1)(d) 0 16(2)(c) 0 18(d) 0 21(1)(a) 0
13(1)(e) 0 16(3) 0 18.1(1)(a) 0 21(1)(b) 0
14 0 16.1(1)(a) 0 18.1(1)(b) 0 21(1)(c) 0
14(a) 0 16.1(1)(b) 0 18.1(1)(c) 0 21(1)(d) 0
14(b) 0 16.1(1)(c) 0 18.1(1)(d) 0 22 0
15(1) 0 16.1(1)(d) 0 19(1) 3 22.1(1) 0
15(1) - I.A.* 0 16.2(1) 0 20(1)(a) 0 23 1
15(1) - Def.* 0 16.3 0 20(1)(b) 0 24(1) 0
15(1) - S.A.* 0 16.4(1)(a) 0 20(1)(b.1) 0 26 0
16(1)(a)(i) 0 16.4(1)(b) 0 20(1)(c) 0    
16(1)(a)(ii) 0 16.5 0 20(1)(d) 0    
16(1)(a)(iii) 0 17 0        
16(1)(b) 0            
16(1)(c) 0            
16(1)(d) 0            

* I.A.: International Affairs
Def.: Defence of Canada
S.A.: Subversive Activities

2.3 Exclusions

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

2.4 Format of information released

Disposition Paper Electronic Other Formats
All disclosed 3 0 0
Disclosed in part 3 0 0
Total 6 0 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 10 10 3
Disclosed in part 758 758 3
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
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 3 10 0 0 0 0 0 0 0 0
Disclosed in part 2 86 0 0 1 672 0 0 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 5 96 0 0 1 672 0 0 0 0
2.5.3 Other complexities
Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 0 0 3 0 3
Disclosed in part 0 1 3 0 4
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor 0 0 0 0 0
Total 0 1 6 0 7

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
1 1 0 0 0
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 0 0 0
16 to 30 days 0 1 1
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 1 1

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 0 0 0 0
Disclosed in part 1 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 1 0 0 0

3.2 Length of extensions

Length of Extensions 9(1)(a)
Interference With Operations
9(1)(b)
Consultation
9(1)(c)
Third-Party Notice
Section 69 Other
30 days or less 1 0 0 0
31 to 60 days 0 0 0 0
61 to 120 days 0 0 0 0
121 to 180 days 0 0 0 0
181 to 365 days 0 0 0 0
365 days or more 0 0 0 0
Total 1 0 0 0

Part 4: Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of Requests Amount Number of Requests Amount
Application 7 $35 0 $0
Search 0 $0 0 $0
Production 0 $0 0 $0
Programming 0 $0 0 $0
Preparation 1 $334 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 0 $0
Total 8 $369 0 $0

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 6 83 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 6 83 0 0
Closed during the reporting period 6 83 0 0
Pending at the end of the reporting period 0 0 0 0

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

Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 0 3 0 0 0 0 0 3
Disclose in part 0 2 1 0 0 0 0 3
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 0 5 1 0 0 0 0 6

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 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
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 0 0 0 0 0 0 0 0

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 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

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 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
0 1 0 1

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 $100,937
Overtime $0
Goods and Services $0
  • Professional services contracts
$0  
  • Other
$0
Total $100,937

9.2 Human Resources

Resources Person Years Dedicated to Access to Information Activities
Full-time employees 1.32
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 1.32

Note: Enter values to two decimal places.

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