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

Department of National Defence and the Canadian Armed Forces

1. Introduction

The Department of National Defence and the Canadian Armed Forces are pleased to present to Parliament their annual report on the administration of the Access to Information Act (ATI Act). Section 94 of the ATI Act, and section 20 of the Service Fees Act requires the head of every federal government institution to submit an annual report to Parliament on the administration of the Act each financial year. This report describes National Defence activities that support compliance with the ATI Act for the fiscal year (FY) commencing 1 April 2022 and ending 31 March 2023.

1.1 Purpose of the Access to Information Act

The purpose of the ATI Act is to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society and to enable public debate on the conduct of those institutions. In furtherance of that purpose:

Service Agreements

The Department of National Defence and the Canadian Armed Forces had no service agreements pursuant to section 96 of the Access to Information Act.

2. Access to Information and Privacy at National Defence

2.1 Mandate of National Defence

Who we are

The Department of National Defence (DND) and the Canadian Armed Forces (CAF) make up the largest federal government department. Under Canada’s defence policy, the Defence Team will grow to over 125,000 personnel, including 71,500 Regular Force members, 30,000 Reserve Force members and 25,000 civilian employees.

What we do

DND and the CAF have complementary roles to play in providing advice and support to the Minister of National Defence, and implementing Government decisions regarding the defence of Canadian interests at home and abroad.

At any given time, the Government of Canada can call upon the CAF to undertake missions for the protection of Canada and Canadians and to maintain international peace and stability.

Canada’s defence policy presents a strategic vision for defence: Strong, Secure, Engaged. This is a vision in which Canada is:

Strong at home, with a military ready and able to defend its sovereignty, and to assist in times of natural disaster, support search and rescue, or respond to other emergencies.

Secure in North America, active in a renewed defence partnership in the North American Aerospace Defense Command (NORAD) and with the United States to monitor and defend continental airspace and ocean areas.

Engaged in the world, with the Canadian Armed Forces doing its part in Canada’s contributions to a more stable, peaceful world, including through peace support operations and peacekeeping.

The National Defence Act (NDA) establishes DND and the CAF as separate entities, operating within an integrated National Defence Headquarters as they pursue their primary responsibility of providing defence for Canada and Canadians.

2.2 National Defence organization

Senior leadership

The Governor General of Canada is the Commander-in-Chief of Canada. DND is headed by the Minister of National Defence. The Associate Minister of National Defence supports the Minister of National Defence. The Deputy Minister of National Defence is the Department’s senior civil servant. The CAF are headed by the Chief of the Defence Staff, Canada’s senior serving officer. These senior leaders each have different responsibilities:

Defence organization

The National Defence organizational structure is represented in the diagram below. Additional information about the National Defence organization is available online.

Figure 1: National Defence organization chart

National Defence organization chart

2.3 The Directorate of Access to Information and Privacy

Delegation of authority

In accordance with section 95(1) of the Access to Information Act, a delegation of authority, signed by the Minister, designates the Deputy Minister, Corporate Secretary, Executive Director of Access to Information and Privacy, and Access to Information and Privacy (ATIP) Deputy Directors to exercise all powers and functions of the Minister, as the head of institution under the Act. It also designates other specific powers and functions to employees within the Directorate Access to Information and Privacy.

Under the authority of the Corporate Secretary, the ATIP Executive Director administers and coordinates the Access to Information Act and the Privacy Act, and acts as the departmental ATIP Coordinator. In the administration of the Act, the ATIP Directorate seeks advice on legal, public affairs, policy, and operational security matters from other organizations and specialists as required.

A copy of the Access to Information Act and Privacy Act Designation Order is provided at Annex A.

The ATIP Directorate

The ATIP Directorate is responsible for matters regarding access to information and privacy protection within the National Defence portfolio, except for the following organizations: the Military Police Complaints Commission, the Military Grievances External Review Committee, the Communications Security Establishment, the Office of the National Defence and Canadian Forces Ombudsman, the Director of Defence Counsel Services, and the Canadian Forces Morale and Welfare Services.

The ATIP Directorate is managed by an Executive Director, and supported by a corporate services team that is responsible for the administrative and management functions of the directorate, including business planning, financial management, human resources, physical security, and information and records management (IM/RM). The workforce is divided functionally into three main areas, further supported by Defence organization liaison officers, as illustrated in the diagram at figure 2.

The Chief of Operations oversees all activities related to access to information, including ATIP Intake; and is supported by Deputy Directors across ATI Operations. This ensures consistency in the execution of departmental processes and application of the ATI Act and allows for quality assurance activities, tracking, reporting, and monitoring of trends and rising issues.

Deputy Directors oversee Privacy Operations, Privacy Management and Compliance (PMC), and ATIP Program Support (ATIP-PS).

Figure 2: National Defence ATIP Operational Workforce

National Defence ATIP Operational Workforce

Long description

National Defence ATIP operational workforce

ATI Operations Receive and process requests for records in accordance with the “rights of access” provided by the Access to Information Act and the Privacy Act. Seek and receive relevant records from National Defence organizations. Conduct line-by-line review of records. Consult other parties for disclosure recommendations. Apply ATI Act and Privacy Act provisions. Respond to formal complaints from the Offices of the Information Commissioner and the Privacy Commissioner

Privacy Management and Compliance Oversee departmental compliance with the Privacy Act and policy obligations. Provide expertise & strategic advice to senior management. Conduct privacy risk assessments. Provide privacy advisory services and responses to requests for disclosures in the public interest. Support the review of allegations of mismanagement of personal information; including formal complaints received from the Office of the Privacy Commissioner.

ATIP Program Support Provide strategic advice and issues management support. Develop ATIP related internal policy instruments. Deliver ATIP training and awareness program. Perform data analytics and report on program performance. Maintain internal applications and provide technical support.

ATI & Privacy Liaison Officers Support the ATIP program by coordinating ATI and Privacy activities across offices of primary interest within their respective groups.

To better support the ATIP Directorate and improve overall departmental compliance with the Privacy Act, the former Policy and Governance Section has been restructured as the Privacy Management and Compliance (PMC) Section and the ATIP Program Support (ATIP-PS) Section. This change provides the resources and focus necessary to address the institution’s Privacy Management Framework and support the incoming Chief Privacy Officer, while enhancing internal governance and program support activities.

The PMC section’s key objective is to oversee departmental compliance with the Privacy Act; the section manages privacy risk assessments; resolution of privacy breaches and systemic issues; provides guidance on privacy policy obligations as well as expertise and advice to senior management on contentious and sensitive issues while ensuring continuous improvements of privacy policy and service delivery for the department.

The ATIP-PS section delivers training and promotes ATIP awareness, performs data analytics and reports on program performance, and provides ATIP related advice and guidance to the ATIP Directorate and the wider DND/CAF community.

In addition to access to information and privacy protection activities, the ATIP Directorate provides support to the Departmental Litigation Oversight-Litigation Implementation Team. The Directorate conducts an ATIP-like review of records in support of class action settlements as required.

3. Highlights of the Statistical report

The statistical report at Annex B consists of data submitted by National Defence as part of the Treasury Board Secretariat (TBS) annual collection of ATIP-related statistics. The following sections contain highlights, trends and an analysis of notable statistical data from a departmental perspective.

3.1 Requests received

In FY 2022-23, National Defence received 2,241 new ATI requests, an 11% decrease from the previous reporting period. Combined with a carry-over of 1,778 files from FY 2021-22, this represents a total ATI workload of 4,019 requests during the reporting period. 1,777 ATI requests have been carried over to the next reporting period.

Figure 3: ATI request workload (Last five years)

Figure 3: ATI requests workload (last five years)

Long description

Access to Information request workload

  • In 2018-2019, 2275 requests were received, 1256 requests were carried over from the previous reporting period. A combined workload of 3531 requests.
  • In 2019-2020, 1972 requests were received, 1013 requests were carried over from the previous reporting period. A combined workload of 2985 requests.
  • In 2020-2021, 2028 requests were received, 1271 requests were carried over from the previous reporting period. A combined workload of 3299 requests.
  • In 2021-2022, 2523 requests were received, 1411 requests were carried over from the previous reporting period. A combined workload of 3943 requests.
  • In 2022-2023, 2241 requests were received, 1778 requests were carried over from the previous reporting period. A combined workload of 4019 requests.

Sources of requests

The general public remains the largest source of requests, accounting for over half of all requests received. The distribution of remaining sources of requests remained consistent with previous reporting periods.

Figure 4: Sources of requests received (FY 2022-23)

Figure 4: Sources of requests received (FY 2022-23)

Long description

Sources of Requests Received

  • 294 requests were received from Media
  • 80 requests were received from Academia
  • 108 requests were received from Business (Private Sector)
  • 103 requests were received from Organization
  • 1291 requests were received from the Public
  • 365 requests were received where the source decline to identify

3.2 Requests completed

A total of 2,242 requests were completed during the reporting period. This is 86 more requests than in FY 2021-22 representing a 4% increase over last reporting period, and the fourth consecutive increase in the number of requests closed. Notably, the total pages processed decreased from 232,550 to 213,059. The five year trend is depicted in figure 5.

Figure 5: Disposition of requests completed and total requests completed (Last five years)

Figure 5: Disposition of requests completed and total requests completed (Last five years)

Long description

Disposition of request completed and total requests closed

  • In 2018-2019, 344 were all disclosed, 1047 were disclosed in part, 61 where nothing was disclosed, 349 were transferred or does not exist, and 717 were abandoned. A total of 2518 requests were closed.
  • In 2019-2020, 164 were all disclosed, 449 were disclosed in part, 30 where nothing was disclosed, 386 were transferred or does not exist and 662 were abandoned. A total of 1691 requests were closed.
  • In 2020-2021, 181 were all disclosed, 504 were disclosed in part, 23 where nothing was disclosed, 519 were transferred or does not exist and 661 were abandoned. A total of 1888 requests were closed.
  • In 2021-2022, 220 were all disclosed, 613 were disclosed in part, 32 where nothing was disclosed, 540 were transferred or does not exist and 749 were abandoned. A total of 2156 requests were closed.
  • In 2022-2023, 145 were all disclosed, 642 were disclosed in part, 49 where nothing was disclosed, 597 were transferred or does not exist and 807 were abandoned. A total of 2242 requests were closed.

A significant number of requests (688) were abandoned within the first 15 days primarily due in part to the ATIP Online Request mechanism in use during the reporting period. Often, requests for personal information were submitted under the ATI Act; these files were initially opened as ATI requests but were then determined to be more appropriately administered under the Privacy Act.

As of March 13, 2023, National Defence has onboarded to the TBS ATIP Online Request Service (AORS) which is expected to better support applicants in submitting their requests under the appropriate Act from the outset.

Disposition: Percentage of requests all disclosed vs. disclosed in part

During the reporting period, National Defence responded to a total of 2242 requests. A total of 6.5% of requests were “all disclosed” and 28.6% were “disclosed in part.” The remaining requests were completed as all exempted, all excluded, no records exist, request transferred, request abandoned, or neither confirmed nor deny. 

Figure 6: All disclosed vs. disclosed in part (Fiscal year 2022-23)

Figure 6: All disclosed vs. disclosed in part (Fiscal year 2022-23)

 
  • Long description

    Requests all disclosed and disclosed in part

    • 145 all disclosed
    • 642 disclosed in part

Pages reviewed

A total of 213,059 pages were processed during the reporting period. As represented in Figure 7, the number of pages reviewed represents the total processed pages for completed requests this FY. This number does not include the number of pages processed for requests that were not completed this FY and carried over into the next reporting period. 

Figure 7: Number of pages reviewed for requests completed where records existed (Last three years)

Figure 7: Number of pages reviewed for requests completed where records existed (Last three years)

Long description

Number of pages reviewed for requests closed, where records existed

In 2020-2021, 232 550 pages reviewed for 1369 requests closed

In 2021-2022, 266 367 pages reviewed for 1616 requests closed

In 2022-2023, 213 059 pages reviewed for 1645 requests closed

Exemptions and exclusions

Consistent with previous reporting periods, in FY 2022-23, the majority of exemptions applied by National Defence were under the following four sections of the ATI Act:

Extensions

The ATI Act provides for extending the statutory time limits to respond to a request beyond 30 days if:

  • It involves a large number of records or requires a search through a large number of records, and meeting the original time limit would unreasonably interfere with the operations of the institution.
  • External consultations are necessary and cannot reasonably be completed within the original time limit is provided at Figure 8.
  • Notice to a third party is required to advise them their information is the subject of a request.

Figure 8: Reasons for extension (FY 2022-23)

Figure 8: Reasons for extension (FY 2022-23)

 
Long description

Reasons for Extension

  • 196 extensions were taken for external consultations
  • 120 extensions were taken for interference with operations
  • 87 extensions were taken for third-party notice

In FY 2022-23, 47.4% of all extensions taken for closed requests were required to conduct consultations with other bodies such as federal government institutions, provincial or municipal governments, or international organizations or governments. The majority of these extensions (82.1%) were for 60 days or less. 

The number of extensions taken should not be interpreted as the number of files for which extensions are claimed. A single file could, and quite often does, qualify for multiple extensions. For example, a file could be extended because it has a large volume of records, and also be extended because consultations (one or multiple) are required. This appears in the statistical report as multiple extensions but only for a single file.

Completion time

The percentage of files closed within 30 days remained consistent since the last reporting period; 57.4% of files were closed within 30 days compared to 58.9% during the previous reporting period. A breakdown of completion time is provided in Figure 9.

Figure 9: Request completion time (Last five years)

Figure 9: Request Completion Time (Last Five Years)

Long description

Request completion time

  • In 2018-2019, 1222 requests were closed in 30 days or less, 306 requests were closed between 31-60 days, 288 requests were closed between 61-120 days and, 702 requests were closed in 121 days or more
  • In 2019-2020, 1001 requests were closed in 30 days or less, 137 requests were closed between 31-60 days, 152 requests were closed between 61-120 days and 401 requests were closed in 121 days or more
  • In 2020-2021, 956 requests were closed in 30 days or less, 128 requests were closed between 31-60 days, 183 requests were closed between 61-120 days and 621 requests were closed in 121 days or more
  • In 2021-22, 1272 requests were closed in 30 days or less, 176 requests were closed between 31-60 days, 200 requests were closed between 61-120 days and, 508 requests were closed in 121 days or more
  • In 2022-23, 1287 requests were closed in 30 days or less, 114 requests were closed between 31-60 days, 151 requests were closed between 61-120 days and, 690 requests were closed in 121 days or more

Number of Active Requests – Outstanding from Previous Reporting Periods

At the end of the FY 2022-23 reporting period, National Defence had 1,777 active requests. A breakdown of outstanding requests by the reporting period in which the request was received, and whether the request is still within the legislated timelines (including extensions) is provided below in Figure 10.

Figure 10: Number of active requests – Outstanding from previous reporting periods

Figure 10: Number of active requests – Outstanding from previous reporting periods

Number of Active Complaints - Outstanding from Previous Reporting Periods

  • At the end of the reporting period, National Defence had a total 104 active complaints with the Information Commissioner of Canada (OIC). A breakdown of active complaints by reporting period is provided at Figure 11.

Figure 11: Number of active complaints (as of March 31, 2023)

Figure 11: Number of active complaints (as of March 31, 2023)

Long description

Number of active complaints – Outstanding from previous reporting periods

Of the complaints active on March 31, 2023:

  • 71 complaints were received in 2022-23
  • 9 complaints were received in 2021-22
  • 6 complaints were received in 2020-21
  • 18 complaints were received in 2019-20 or earlier

On-time compliance

On-time compliance declined in FY 2022-23; National Defence responded to 61.73% of requests within legislated timelines which represents a 5.6% decrease compared to the last reporting period where 67.35% of requests were closed within legislated timelines.

The most common reason for deemed refusal was “Interference with Operations/Workload,” which was cited for 46.9% of requests closed late during the reporting period. As defined by TBS, this reason relates to requests where there is “interwoven information and review is required to determine exemptions, there were a large number of requests to be processed at the time, the request consisted of a high volume of records, there were difficulties in obtaining relevant information, or there were other ATIP-related tasks.” Figure 12 displays the reasons contributing to late file closures in FY 2022-23.

Figure 12: Reasons for deemed refusal (FY 2022-23)

Figure 12: Reasons for deemed refusal (FY 2022-23)

Long description

Reasons for deemed refusal

  • 1384 requests were closed on time while 858 requests were closed late
  • 402 requests closed late is due to workload
  • 38 requests closed late is due to internal consultations
  • 48 requests closed late is due to external consultation
  • 370 requests closed late is due to other factors

National Defence performance decreased during this reporting period, however a number of factors beyond the control of the ATIP office continue to impact performance and deemed refusal rates; including but not limited to:

3.3 Consultations received and completed

During the reporting period, National Defence received a total of 285 requests for consultation – 280 were received from other Government of Canada institutions and 5 from other organizations. The total workload for consultation requests increased by 19.7% over FY 2021-22 when 238 consultation requests were received.

While the number of new requests for consultations received by National Defence increased this FY, the number of consultations the Department carried over from the previous year decreased; National Defence had 149 consultations pending at the end of this reporting period.

Figure 13: ATI Consultation Workload (Last Five Years)

Figure 13: ATI Consultation Workload (Last Five Years)

Long description

Access to Information Consultation Workload

  • In 2018-2019, 376 consultations were received during the reporting period, 211 were carried over, for a total of 587
  • In 2019-2020, 404 consultations were received during the reporting period, 176 were carried over, for a total of 580
  • In 2020-2021, 170 consultations were received during the reporting period, 250 were carried over, for a total of 420
  • In 2021-2022, 238 consultations were received during the reporting period, 203 were carried over, for a total of 441
  • In 2022-2023, 251 consultations were received during the reporting period, 186 were carried over, for a total of 437

3.4 Informal Requests

To support increased transparency and the principles of Open Government, National Defence encourages informal access to records wherever possible. As a result of the continued online posting of summaries of completed ATIA requests, National Defence saw a significant increase of informal requests for previously released information.

In FY 2022-23, National Defence responded to 1833 informal requests, which represented a 180% increase over the previous reporting period. Approximately 65.5% of these cases were processed to respond to a single individual, who requested “every completed access to information request” processed by DAIP on behalf of DND/CAF, which included but wasn’t limited to the list of ATIA files posted on the Canadian Open Government website. At the time of the request this covered a period from 2015 to 2021, and the result was the release of 1199 files comprising 336,607 pages.

Even with a sharp increase in workload related to informal requests, the vast majority (1778; 97%) were completed in 30 days or less.

Figure 14: Informal requests (Last five years)

Figure 14: Informal requests (Last five years)

Long description

Informal Requests

  • In 2018-2019, 251 were closed in less than 30 days and 237 in more than 30 days for a total of 488 Informal Requests
  • In 2019-2020, 149 were closed in less than 30 days and 97 in more than 30 days for a total of 246 Informal Request
  • In 2020-2021, 369 were closed in less than 30 days and 64 in more than 30 days for a total of 433 Informal Requests in 2020-2021
  • In 2021-22, 499 were closed in less than 30 days and 155 in more than 30 days for a total of 654 Informal Requests
  • In 2022-23, 1778 were closed in less than 30 days and 55 in more than 30 days for a total of 1833 Informal Requests

Informal requests reported in this section include:

4. COVID-19 Impacts to Access to Information operations

The ATIP office remained fully operational during FY 2022-23 reporting period; there were no significant impacts on ATIP performance attributable to COVID-19.

5. Complaints, audits and reviews

5.1 Complaints from the Office of the Information Commissioner

National Defence received a total of 141 Notices of intention to investigate from the Office of the Information Commissioner (OIC) in the 2022-23 reporting period; compared to 68 such notices received in the previous reporting period. The number of complaints with well-founded final determinations decreased to 55 received this reporting period. This represents 2.5% of the total volume of files processed this FY.

Figure 15: OIC findings and nature of well-founded complaints (FY 2022-2023)

Figure 15: OIC findings and nature of well-founded complaints (FY 2022-2023)

Long description

OIC Findings and Nature of Well-Founded Complaints

  • 34 complaints were discontinued, settled, or resolved
  • 55 complaints were well founded, 41 of which were administrative in nature (delays and time extensions), and 14 of which were refusal complaints (application of exemptions or possible missing records)
  • 20 complaints were not well founded
  • 42 complaints were ceased to investigate

Statistical reporting requirements for complaints and investigations with the OIC are noted below:

Complaints Team

The ATIP Directorate continued to utilize a dedicated manager to coordinate complaints from the OIC. Specific personnel in the ATIP Directorate continued to serve as the primary points of contact for the OIC and assisted in complaint-related reporting to both the OIC and ATIP Directorate Management. Regular monthly meetings were undertaken between the OIC and the ATIP Directorate to discuss file progression. These monthly meetings resulted in resolution of complaints and better collaboration with the OIC and the ATIP Directorate.

5.2 Court decisions

In FY 2022-23, there were no court proceedings actioned in respect of requests processed by National Defence.

6. Policies and Procedures

6.1 Internal procedures

The ATIP Directorate continued to review and update the ATI Procedure Guide to document improvements to ATI request processing and ensure alignment with Treasury Board policies and directives. Changes were made to streamline the record retrieval process in regards to following up on late responses from OPIs, minimizing the amount of email communications and escalating late responses to management.

Management participated in monthly meetings with the OPIs who had the highest volume of requests in order to improve communication and to assist them in reducing backlogs. These meetings also aided in the resolution of numerous Section 37 orders from the Information Commissioner, which also impacted the same OPIs.

7. Training and awareness

7.1 ATIP training program

Departmental ATIP training continued to be provided on a virtual platform. Directorate training staff delivered the following training sessions to Defence employees and CAF members with specific emphasis on those staff with ATIP responsibilities:

7.2 Training and awareness activities

A total of 51 training sessions were delivered to approximately 747 individuals. This training was provided to Defence employees and CAF members on the administration of both the Access to Information Act and Privacy Act, as well as on appropriate management of personal information under the control of the institution. These virtual training sessions included ATIP 101, ATIP 201, and Privacy Protection and targeted training sessions for specific Defence organizations. Most training sessions were delivered by ATIP Directorate staff through video teleconference technologies, and some organizations conducted their own courses and sessions. An example of an organization conducting their own training sessions is the Canadian Forces Health Services group, which covered a variety of Privacy topics.

The ATIP Directorate continued to deliver new employee orientation, providing an introduction to the ATIP environment and the roles and responsibilities of the individual as an employee of an ATIP Directorate.

During the reporting period, CSPS ATIP Fundamentals and the ATIP Directorate’s ATIP 101 courses were made mandatory for all DND managers, and all CAF managers supervising civilians.

8. Initiatives and projects

8.1 Backlog Reduction Team

The ATIP Directorate established a dedicated Backlog Reduction Team in October 2019 to address the inventory of late files. This initiative enables other ATI Operations Teams to focus on on-time compliance.

8.2 Technological Improvements

Onboarding to AORS

National Defence completed onboarding to the ATIP Online Request Service (AORS), allowing the ATIP Directorate to access and retrieve ATIP requests submitted via this online channel through the ATIP Online Management Tool (AOMT).

The Treasury Board of Canada Secretariat created AORS as a way for requesters to receive faster and more convenient service, while also providing a seamless channel to determine if the information they need is already available from previous requests.

AOMT is intended to improve the process by which institutions manage the receipt of requests and the engagement channel with the requester community.

Through the implementation of “2-factor authentication”, AORS/AOMT will augment the security of the ATIP request process.

9. Monitoring Compliance

To effectively monitor and report on ATIP performance in National Defence, the ATIP Directorate produces a monthly performance dashboard which tracks OPI record retrieval timeliness, overall ATIP compliance and key metrics such as privacy breach complaints. The ATIP dashboard continued to be published using the Microsoft Power BI platform to improve usability and overall visibility to senior leadership on key metrics and ATIP performance. The monthly dashboard serves to track ATIP performance across the Department and identify organizations who may require assistance or training, and to identify areas for process improvements.

The ATIP Directorate routinely responds to ad hoc requests for statistics and performance reports to inform program delivery and identify trends.

10. Access to information fees and operating costs

10.1 Reporting on ATI fees for the purposes of the Services Fees Act

The Service Fees Act (SFA) 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 SFA section 20.

Enabling authority: Access to Information Act
Fee amount for 2022-23: $5 application fee is the only fee charged for an ATI request
Total revenue: $10,295.00
Fees waived: In accordance with the changes to the Access to Information Act that came into force on June 21, 2019, National Defence may only charge an application fee of $5, as set out in paragraph 7(1)(a) of the Regulations. Pursuant to the Directive on Access to Information Requests, issued on July 13, 2022, institutions can waive this application fee as deemed appropriate. A total of $910.00 in fees have been waived during this reporting period.
Cost of operating the program: $5,417,538

The cost of operations includes salaries, overtime, goods and services, contracts and all other expenses specific to the access to information office. Costs associated with time spent by program areas searching for and reviewing records are not included here.

11. Proactive publication

National Defence is a department of the Government of Canada, and a government institution listed in Schedule I of the ATIA.

In accordance with Defence Administrative Orders and Directives (DAOD), the Deputy Minister (DM) of National Defence and the Chief of Defence Staff (CDS) have designated officials in the form of Functional Authorities for each proactive publishing requirement who exercise the responsibility to support the head of the institution’s accountability for requirements under Part 2 of the Act.

The process lead and key stakeholders for each proactive publishing requirement collaborated to define the roles & responsibilities, develop detailed processes, and determine the timings the ensure DND/CAF is compliant with legislative requirements.

The Public Affairs and Information Management groups support DND/CAF in ensuring publications are posted to the DND/CAF Transparency site and the Open Government site in bilingual and web accessible formats within the mandated time requirements.

Individuals at all levels play a vital role in supporting proactive publishing requirements, specifically:

National Defence proactive publications are available on open.canada.ca, and the National Defence website through the Transparency, and Reports and Publications pages.

Specific data on the timeliness and percentage compliance for National Defence proactive publication was not captured during this or previous reporting periods. To improve the monitoring and reporting of Part 2 responsibilities, National Defence is reviewing the existing processes and responsibilities with the intention of establishing a single point of oversight for all Functional Authorities.

Proactive Publishing Requirement Functional Authority Process Lead
Briefing Note Lists Corporate Secretary Directorate Access to Information and Privacy (DAIP)
Travel and Hospitality Expenses Assistant Deputy Minister (Finance) Director General Financial Operations and Services (DGFOS)
Grants & Contributions over $25,000 Assistant Deputy Minister (Finance) Executive Director Investment Planning and Programme Approvals (EDIPPA)
Contracts over $10,000 Assistant Deputy Minister (Materiel) Director Materiel Policy and Procedures (DMPP)
Position Reclassification Assistant Deputy Minister (Human Resources - Civilian) Directorate Civilian Classification and Organization (DCCO)
Question Period Notes Assistant Deputy Minister (Policy) Directorate of Parliamentary Affairs (D Parl A)
Parliamentary Committee Binders Assistant Deputy Minister (Policy) Directorate of Parliamentary Affairs (D Parl A)
Reports Tabled in Parliament Assistant Deputy Minister (Policy) Directorate of Parliamentary Affairs (D Parl A)
Transition Binders Assistant Deputy Minister (Policy) Directorate of Strategic Coordination and Outreach (Dir SCO)
Annual Report of Minister’s Office Expenses Corporate Secretary Corp Sec Comptroller Office
Web Accessibility Assistant Deputy Minister (Public Affairs) Directorate of E-Communications (DEC)
DND/CAF Transparency Site Assistant Deputy Minister (Public Affairs) Directorate of E-Communications (DEC)

Annex A: Designation Order

National Defence and the Canadian Armed Forces

Access to Information Act and Privacy Act Designation Order

  1. Pursuant to section 73 of the Access to Information Act and the Privacy Act, the Minister of National Defence, as the head of a government institution under these Acts, hereby designates the persons holding the following positions, or the persons occupying those positions on an acting basis, to exercise or perform all of the powers, duties and functions of the head of a government institution under these Acts:
    1. the Deputy Minister;
    2. the Corporate Secretary;
    3. the Director Access to Information and Privacy; and
    4. Deputy Directors Access to Information and Privacy.
  2. Pursuant to section 73 of the above-mentioned Acts, the Minister also designates the following:
    1. those persons holding the position of Access Team Leader, or the persons occupying this position on an acting basis, to exercise or perform the powers, duties and functions in respect of:
      • The application of the following provisions under the Access to Information Act: section 9; subsection 11(2), 11(3), 11(4), 11(5), 11(6); sections 19, 20, 23 and 24; subsections 27(1) and 27(4); paragraph 28 (1)(b), subsections 28(2) and 28(4); and
      • The response to requests made under the Access to Information Act if no records exist.
    2. those persons holding the position of Privacy Team Leader, or the persons occupying this position on an acting basis, to exercise or perform any of the powers, duties and functions of the head of an institution under the Privacy Act, other than under sub-paragraphs 8(2)(j) and 8(2)(m); and
    3. those persons holding the position of Privacy Senior Analyst, or the persons occupying this position on an acting basis, to exercise or perform the powers and duties in respect of the application of section 26 of the Privacy Act.

 

Original signed by

The Honourable Harjit S. Sajjan, PC, OMM, MSM, CD, MP
Minister of National Defence
Date: 2016-01-12

Annex B: Statistical Report on the Access to Information Act for 2022-2023

Statistical Report on the Access to Information Act

Name of institution:

National Defence

Reporting period:

2022-04-01 to 2023-03-31

Section 1: Requests Under the Access to Information Act

1.1 Number of requests

- Number of Requests
Received during reporting period 2241
Outstanding from previous reporting period 1778
  • Outstanding from more than one reporting period
829 -
  • Outstanding from more than one reporting period
949

Total

4019
Closed during reporting period 2242
Carried over to next reporting period 1777
  • Carried over within legislated timeline
183 -
  • Carried over beyond legislated timeline
1594
 

1.2 Sources of requests

Source Number of Requests
Media 294
Academia 80
Business (private sector) 108
Organization 103
Public 1291
Decline to identify 365
Total 2241
 

1.3 Channels of requests

Source Number of Requests
Online 2138
E-mail 29
Mail 74
In person 0
Phone 0
Fax 0
Total 2241
 

Section 2: Informal Requests

2.1 Number of informal requests

- Number of Requests
Received during reporting period 1901
Outstanding from previous reporting period 21
  • Outstanding from previous reporting period
18
  • Outstanding from more than one reporting period
3
Total 1922
Closed during reporting period 1833
Carried over to next reporting period 89
 
 

2.2 Channels of informal requests

Source Number of Requests
Online 1901
E-mail 0
Mail 0
In person 0
Phone 0
Fax 0
Total 1901
 

2.3 Completion time of 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
776 1002 37 7 5 4 2 1833

2.4 Pages released informally

Less Than 100 Pages Released 101-500 Pages Released 501-1000 Pages Released 1001-5000 Pages Released More Than 5000 Pages Released
Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released
0 0 0 0 0 0 0 0 0 0

2.5 Pages re-released informally

Less Than 100 Pages Released 101-500 Pages Released 501-1000 Pages Released 1001-5000 Pages Released More Than 5000 Pages Released
Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released
1344 27010 352 80074 81 57265 51 87357 5 84901

Section 3: Decline to act vexatious, made in bad faith or abuse of right requests

- Number of Requests
Outstanding from previous reporting period 0
Sent during reporting period 2
Total 2
Approved by the Information Commissioner during reporting period 0
Declined by the Information Commissioner during  reporting period 2
Withdrawn during reporting period 0
Carried over to next reporting period 0
 

Section 4: Requests closed during the reporting period

4.1 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 0 28 22 30 13 26 26 145
Disclosed in part 0 30 47 90 59 122 294 642
All exempted 1 5 4 9 0 8 15 42
All excluded 0 0 0 0 0 0 7 7
No records exist 427 88 34 13 10 13 8 593
Request transferred 4 0 0 0 0 0 0 4
Request abandoned 688 16 7 7 4 2 83 807
Neither confirmed nor denied 0 0 0 0 0 0 0 2
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 1120 167 114 151 86 171 433 2242

4.2 Exemptions

Section Number of Requests
13(1)(a) 73
13(1)(b) 19
13(1)(c) 2
13(1)(d) 1
13(1)(e) 0
14 2
14(a) 4
14(b) 0
15(1) 122
15(1) - I.A.Footnote * 102
15(1) - Def.Footnote * 191
15(1) - S.A.Footnote * 1
16(1)(a)(i) 2
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 10
16(1)(c) 14
16(1)(d) 0
16(2) 46
16(2)(a) 0
16(2)(b) 1
16(2)(c) 27
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
16.31 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 2
16.6 0
17 9
18(a) 8
18(b) 6
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) 489
20(1)(a)
12
20(1)(b)
122
20(1)(b.1)
0
20(1)(c)
119
20(1)(d)
11
20.1
0
20.2 0
20.4 0
21(1)(a) 127
21(1)(b)
100
21(1)(c)
40
21(1)(d)
13
22
6
22.1(1) 0
23 85
23.1 0
24(1) 62
26 0

4.3 Exclusions

Section Number of Requests
68(a) 5
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 4
69(1)(a) 4
69(1)(b) 0
69(1)(c) 1
69(1)(d) 2
69(1)(e) 5
69(1)(f) 0
69(1)(g) re (a) 49
69(1)(g) re (b) 0
69(1)(g) re (c) 11
69(1)(g) re (d) 4
69(1)(g) re (e) 15
69(1)(g) re (f) 1
69.1(1) 0

4.4 Relevant pages processed and disclosed

Paper Electronic Other
E-Record Data set Video Audio
44 743 1 4 0 0

4.5 Complexity

4.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
213059 137098 1645
4.5.2 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 Processed Number of Requests Pages Processed Number of Requests Pages Processed Number of Requests Pages Processed Number of Requests Pages Processed
All disclosed 116 1627 24 4855 3 1857 2 5359 0 0
Disclosed in part 394 9929 156 37200 47 33216 42 72429 3 30308
All exempted 21 674 16 3671 3 2388 2 6330 0 0
All excluded 6 264 1 213 0 0 0 0 0 0
Request abandoned 795 293 12 2446 0 0 0 0 0 0
Neither confirmed nor denied 2 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 1334 12787 209 48385 53 37461 46 84118 3 30308

4.5.3 Relevant minutes processed and disclosed for audio formats

Number of Minutes Processed Number of Minutes Disclosed Number of Requests
0 0 0
 
4.5.4 Relevant pages processed and disclosed by size of requests
Disposition Less than 60 Minutes processed 60-120 Minutes processed More than 120 Minutes processed
Number of Requests Minutes Processed Number of Requests Minutes Processed Number of Requests Minutes Processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0
Total 0 0 0 0 0 0
4.5.5 Relevant minutes processed and disclosed for video formats
Number of Minutes Processed Number of Minutes Disclosed Number of Requests
658 280 4
 
4.5.6 Relevant pages processed and disclosed by size of requests
Disposition Less than 60 Minutes processed 60-120 Minutes processed More than 120 Minutes processed
Number of Requests Minutes Processed Number of Requests Minutes Processed Number of Requests Minutes Processed
All disclosed 1 2 0 0 1 274
Disclosed in part 1 7 0 0 1 375
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0
Total 2 9 0 0 2 649
4.5.7 Other complexities
Disposition Consultation Required Legal Advice Sought Other Total
All disclosed 9 0 0 9
Disclosed in part 128 0 2 130
All exempted 6 0 0 6
All excluded 5 0 0 5
Request abandoned 3 1 0 4
Neither confirmed nor denied 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0
Total 151 1 2 154
4.6 Closed requests

4.6.1 Number of requests closed within legislated timelines

- Requests closed within legislated timelines
Number of requests closed within legislated timelines 1384
Percentage of requests closed within legislated timelines (%) 61.73
 
4.7 Deemed refusals

4.7.1 Reasons for not meeting legislated timelines

Number of Requests Closed Past the Legislated Timelines Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
858 402 38 48 370

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 Total
1 to 15 days 36 7 43
16 to 30 days 30 13 43
31 to 60 days 49 16 65
61 to 120 days 71 19 90
121  to 180 days 59 13 72
181 to 365 days 117 42 159
More than 365 days 250 136 386
Total 612 246 858
4.8 Requests for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Section 5: Extensions

5.1 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 11 1 20 2
Disclosed in part 85 4 149 48
All exempted 10 0 7 5
All excluded 0 0 3 2
No records exist 13 0 12 30
Request abandoned 1 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0
Total 120 5 191 87

5.2 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 46 0 61 1
31 to 60 days 47 3 89 84
61 to 120 days 20 2 24 2
121 to 180 days 2 0 12 0
181 to 365 days 4 0 3 0
365 days or more 1 0 2 0
Total 120 5 191 87

Section 6: Fees

Fee Type Fee Collected Fee Waived Fee Refunded
Number of Requests Amount Number of Requests Amount Number of Requests Amount
Application 2059 $10,295 182 $910 0 $0
Other fees 0 $0 0 $0 0 $0
Total 2059 $10,295 182 $910 0 $0

Section 7: Consultations Received From Other Institutions and Organizations

7.1 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 246 52825 5 147
Outstanding from the previous reporting period 183 115433 3 567
Total 429 168258 8 714
Closed during the reporting period 280 60798 5 584
Carried over within negotiated timelines 36 7156 0 0
Carried over beyond negotiated timelines 113 100304 3 130

7.2 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 29 27 34 32 19 11 12 164
Disclose in part 5 4 17 19 15 6 29 95
Exempt entirely 0 1 0 0 0 0 3 4
Exclude entirely 0 1 0 0 0 0 0 1
Consult other institution 0 0 0 0 0 0 0 0
Other 3 2 1 4 2 1 3 16
Total 37 35 52 55 36 18 17 280

7.3 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 1 0 0 1 1 0 0 3
Disclose in part 0 0 0 1 0 0 0 1
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 1 1
Total 1 0 0 2 1 0 1 5

Section 8: Completion Time of Consultations on Cabinet Confidences

8.1 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 46 479 3 96 0 0 0 0 0 0
16 to 30 9 220 1 5 0 0 0 0 0 0
31 to 60 7 164 0 0 0 0 0 0 0 0
61 to 120 2 45 1 273 0 0 0 0 0 0
121 to 180 2 41 1 180 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 66 949 8 554 0 0 0 0 0 0

8.2 Requests with Privy Council Office

Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5,000 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

Section 9: Complaints and investigations

9.1 Investigations

Section 32 Notice of intention to investigate Subsection 30(5) Ceased to investigate Section 35 Formal Representations
141 42 45

9.2 Investigations and Reports of finding

Section 37(1) Initial Reports Section 37(2) Final Reports
Received Containing recommendations issued by the Information Commissioner Containing orders issued by the Information Commissioner Received Containing recommendations issued by the Information Commissioner Containing orders issued by the Information Commissioner
17 1 16 55 1 22

Section 10: Court action

10.1 Court actions on complaints

Section 41
Complainant (1) Institution (2) Third Party (3) Privacy Commissioner (4) Total
0 0 0 0 0

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

Section 44 - under paragraph 28(1)(b)
0
 

Section 11: Resources related to the Access to Information Act

11.1 Allocated Costs

Expenditures Amount
Salaries $3,746,731
Overtime $22,621
Goods and Services $1,648,186
  • Professional Services Contracts
$1,158,716 -
  • Other
$89,470

Total

$5,417,538
 

11.2 Human Resources

Resources Person Years Dedicated to Access to Information Activities
Full-time employees 93.000
Part-time and casual employees 3.000
Regional staff 0.000
Consultants and agency personnel 8.000
Students 0.000
Total 107.000

Note: Enter values to three decimal places.

Annex C: Supplemental statistical report on the Access to Information Act and Privacy Act for 2022-2023

Supplemental Statistical Report on the Access to Information Act and Privacy Act

Name of institution:

National Defence

Reporting period:

2022-04-01 to 2023-03-31

Section 1: Capacity to Receive Requests

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

- Number of Weeks
Able to receive requests by mail 52
Able to receive requests by email 52
Able to receive requests through the digital request service 52
 

Section 2: Capacity to Process Records

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

- No Capacity Partial Capacity Full Capacity Total
Unclassified Paper Records 0 0 52 52
Protected B Paper Records 0 0 52 52
Secret and Top Secret Paper Records 0 0 52 52
 

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

- No Capacity Partial Capacity Full Capacity Total
Unclassified Paper Records 0 0 52 52
Protected B Paper Records 0 0 52 52
Secret and Top Secret Paper Records 0 0 52 52
 

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.

Fiscal Year Open Requests Were Received Open Requests that are Within Legislated Timelines as of March 31, 2023 Open Requests that are Beyond Legislated Timelines as of March 31, 2023 Total
Received in 2022-2023 175 505 680
Received in 2021-2022 3 460 463
Received in 2020-2021 3 263 266
Received in 2019-2020 1 204 205
Received in 2018-2019 0 88 88
Received in 2017-2018 1 32 33
Received in 2016-2017 0 32 32
Received in 2015-2016 0 10 10
Received in 2014-2015 0 0 0
Received in 2013-2014 or earlier 0 0 0
Total 183 1594 1777

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

Fiscal Year Open Complaints Were Received by Institution Number of Open Complaints
Received in 2022-2023 71
Received in 2021-2022 9
Received in 2020-2021 6
Received in 2019-2020 12
Received in 2018-2019 3
Received in 2017-2018 0
Received in 2016-2017 1
Received in 2015-2016 0
Received in 2014-2015 0
Received in 2013-2014 or earlier 2
Total 104
 

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.

Fiscal Year Open Requests Were Received Open Requests that are Within Legislated Timelines as of March 31, 2023 Open Requests that are Beyond Legislated Timelines as of March 31, 2023 Total
Received in 2022-2023 643 435 1078
Received in 2021-2022 0 46 46
Received in 2020-2021 0 29 29
Received in 2019-2020 0 3 3
Received in 2018-2019 0 0 0
Received in 2017-2018 0 0 0
Received in 2016-2017 0 0 0
Received in 2015-2016 0 0 0
Received in 2014-2015 0 0 0
Received in 2013-2014 or earlier 0 0 0
Total 643 513 1156

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

Fiscal Year Open Complaints Were Received by Institution Number of Open Complaints
Received in 2022-2023 24
Received in 2021-2022 19
Received in 2020-2021 5
Received in 2019-2020 2
Received in 2018-2019 1
Received in 2017-2018 0
Received in 2016-2017 0
Received in 2015-2016 0
Received in 2014-2015 0
Received in 2013-2014 or earlier 0
Total 51
 

Section 5: Social Insurance Number (SIN)

Has your institution begun a new collection or a new consistent use of the SIN in 2022-2023? No

Section 6: Universal Access under the Privacy Act

How many requests were received from confirmed foreign nationals outside of Canada in 2022-2023? 1

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