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

Official title: Annual Report on the Administration of the Access to Information Act within ESDC 2014-2015

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Executive summary

Employment and Social Development Canada (ESDC) is responsible for a range of programs and services that support Canadians throughout their lives—from school to work, from one job to another, from unemployment to employment and from the workforce to retirement. The ESDC portfolio includes the Labour Program and Service Canada.

ESDC’s mandate is to build a stronger, more competitive Canada, to support Canadians in making choices that help them live productive and rewarding lives, and to improve Canadians’ quality of life. The ESDC mandate includes core programs such as the Social Insurance Number, the Canada Pension Plan, Employment Insurance and Old Age Security. 

Through the Access to Information Act (ATIA or Act), the Canadian public has a right to access records held by ESDC, subject to certain exemptions and exclusions, such as cabinet confidences or the protection of personal information of Canadians.

In 2014-15, ESDC received 1,160 access to information requests, an increase of 34.7% from the previous year and the number of pages processed increased by just over 37.4% (139, 549 in 2014-15 compared to 101,577 in 2013-14).  In total, ESDC completed 13% more requests than the previous fiscal year and 75% of these requests were responded to within legislated timeframes.    ESDC is making every effort to keep pace with the increase in access to information requests.  To ensure judicious management of resources and the timely release of information, ESDC has undertaken a business process review and redesign to streamline workflow and leverage efficiencies in the processing of access to information requests. 

The Act requires the head of every federal government institution to submit an annual report to Parliament on the administration of the Act following the close of each fiscal year. This report describes how ESDC fulfilled its ATIA responsibilities during fiscal year 2014–15.

1.0 Introduction

ESDC's mission is to build a stronger and more competitive Canada, to support Canadians in making choices that help them live productive and rewarding lives, and to improve Canadians' quality of life.

To do this, we:

  • develop policies that make Canada a society in which all can use their talents, skills and resources to participate in learning, work and their community;
  • create programs and support initiatives that help Canadians move through life's transitions—from families with children to seniors, from school to work, from one job to another, from unemployment to employment, from the workforce to retirement;
  • create better outcomes for Canadians through service excellence with Service Canada and other partners; and
  • engage our employees, establish a healthy work environment, nurture a culture of teamwork and build our leadership capacity.

The Honourable Pierre Poilievre became Minister of Employment and Social Development, Minister for Democratic Reform and Minister responsible for the National Capital Commission in February 2015. He replaced the Honourable Jason Kenney, who became the Minister of National Defence and Minister for Multiculturalism.

The Access to Information Act (ATIA or Act) provides Canadian citizens and permanent residents a right of access to records held under the control of a government institution, subject to limited and specific exemptions and exclusions.

2.0 Access to information at ESDC

The administration of the ATIA at ESDC is a cooperative effort between ATIP Operations at Headquarters and the programs and branches of the Department across the country. ESDC’s obligation is to balance the right of the public to records under the control of the Department with the need to withhold some portions that meet criteria set out in the provisions of Act. A great deal of the information in the control of the Department contains personal information about individuals and must be withheld under mandatory exemptions of the Act unless specified conditions are met. ESDC subjects all records requested to a detailed review to ensure the information can be released.

2.1 Corporate Secretary and Chief Privacy Officer

The Corporate Secretary is responsible for the administration of the ATIA at ESDC and is supported in that function by a Director of ATIP Operations who is also the designated ATIP Coordinator. The Corporate Secretary is also the department’s Chief Privacy Officer and is the Department’s functional authority on all privacy matters, which includes the provision of authoritative advice and functional direction to all departmental branches and regions. More details on the role of the Chief Privacy Officer can be found in the Department’s Annual Report on the Administration of the Privacy Act for 2014–15.

2.2 Access to Information and Privacy Operations Division

The Access to Information and Privacy Operations Division (ATIP Ops) carries out the Department’s legislated requirements under the Access to Information Act and the Privacy Act by processing requests for access to records in the control of ESDC. ATIP Ops coordinates and advises on the processing of all requests under the ATIA and is supported by program Liaison Officers (LOs) and Regional ATIP Managers. This work involves responding to requests from the public and delivering training and awareness programs to employees with respect to the administration of the two Acts. ATIP Ops is responsible for providing guidance to the regions with respect to the operational and reporting components of the ATIP function.

ATIP Ops also liaises with the Office of the Information Commissioner and the Office of the Privacy Commissioner regarding complaints received against the Department.

The ATIP Operations Division includes two units:

The Request Processing Unit (RPU) performs a line-by-line review of records requested under the ATIA and the Privacy Act. The RPU provides weekly reports for information purposes to the Deputy Ministers’ and Ministers’ offices on both new ATIA requests and on upcoming ATIA releases.

The Incident Management and Legislative Disclosures Unit (IMLDU) determines when incidents involving personal information constitute privacy breaches and responds to legal instruments received by ESDC seeking the disclosure of personal information. The IMLDU also manages ESDC’s response to complaints made to the OPC and interacts with the OPC on privacy breaches, working in partnership with the Departmental Security Office.

2.3 Branch and regional access to information activities

While the ATIP Operations Director, with support from the Division’s ATIP Operations officers, has overall authority for the administration of the Access to Information Act, branches and regions also play a key role.

The Department has a network of LOs in the branches and Regional ATIP Managers who facilitate the work by providing expert ATIA and Privacy Act advice and guidance directly to program areas in consultation with ATIP Ops. The LOs also play a liaison role between ATIP analysts and subject matter experts. 

3.0 Delegation order

3.1 Access to Information Act delegations

Under section 73 of the Act, “the head of a government institution may, by order, designate one or more officers or employees of that institution to exercise or perform any of the powers, duties or functions of the head of the institution under this Act that are specified in the order.” The Honourable Diane Finley, former Minister of Human Resources and Skills Development, approved a Delegation Order in February 2009. This Delegation Order authorizes employees in certain positions to exercise the powers, duties or functions of the head of the institution under the ATIA. The Delegation Order can be found in Annex A.

4.0 Performance reporting for 2014–15

4.1 New report criteria

For 2014–15, the Treasury Board Secretariat made changes to the reporting criteria. The following reporting criteria are now included in the Statistical Report on the Access to Information Act, found at Annex B:

  • the number of requests where the source is shown as “decline to identify”;
  • the number of requests where the disposition is “treated informally”;
  • the number of requests where the disposition is “neither confirmed nor denied”;
  • the number of requests where section 14 and subsections 15(1) and 16(2) exemptions were applied, and the number of times records were excluded under subsection 69(1);
  • the number of pages disclosed in relation to requests with Legal Services and requests with the Privy Council Office; and
  • new reporting on complaints and investigations, and court action.

4.2 Requests for information under the Access to Information Act

The following is a summary of the information contained in the Statistical Report on the Access to Information Act for 2014–15, attached as Annex B.

Figure 1 - Request for information under the Access to Information Act
Fiscal year 2011-2012 2012-2013 2013-2014 2014-2015
Formal requests received under the Access to Information Act 579 746 861 1 160
Request completed/processed during the year 531 630 932 1,055
Number of pages processed 120,109 112,087 101,577 139,549
Requests completed within: 30 calendar days 276 314 388 447
31 to 60 calendar days 171 195 273 312
61 or more calendar days 78 121 212 296
Proportion of requests that were responded to within legislated time frames according to Information Commissioner’s standards 98 % 92 % 88 % 75 %
Complaints to the Information Commissioner 24 20 29 29

4.3 Total access to information requests completed

The Department received 1,160 requests during the reporting period and completed 1,055. This represents an increase of 34.7% for requests received and an increase of 13.2% for requests completed over the last fiscal year.

Figure 2 – Requests received and completed under the Access to Information Act
Figure 2 – Text description
Fiscal year Requests received under the ATI Requests completed under the ATI
2011-2012 579 531
2012-2013 746 630
2013-2014 861 932
2014-2015 1 160 1 055

Since 2011, the number of requests received by ESDC has more than doubled, and ESDC has increased the number of completed requests by almost 100% in the same timeframe through more efficient and effective use of available resources.

4.4 Sources of requests for 2014–15

The graph below shows the sources of ATIA requests for the 2014-15 reporting period.  For the reporting period, the most common source of requests, in order, was from business (private sector) at 37.6%; the public (24.7%); organizations (19%); media (13.4%); and academia (1.2%).  In 2014-15, 4.1% of requesters (48) declined to identify themselves in one of the foregoing categories of requester. 

Figure 3 - Sources of requests under the Access to Information Act
Figure 3 – Text description
Sources of Requests under the Access to Information Act Percentage Amount of Requests
Media 13.4 % 156
Academia 1.2 % 14
Business (Private Sector) 37.6 % 436
Organization 19.0 % 220
Public 24.7 % 286
Decline to Identify 4.1 % 48

4.5 Processing times and disclosure rates

For 2014–15, ESDC released records in full 27% of the time and withheld records, or parts of records, 45% of the time in accordance with exemption and exclusion provisions of the ATIA. 

ESDC completed the majority of ATIA requests (72%) within 60 days, with 42.4% completed within the first 30 days. In addition to new requests, ESDC was able to close 67 requests from its backlog of late requests.

Figure 4 – Requests completed by calendar days
Figure 4 – Text description
Year Requests completed within 30 calendar days Requests completed within 31-30 calendar days Requests completed within 61 or more calendar days
2011-2012 276 171 78
2012-2013 314 195 121
2013-2014 388 273 212
2014-2015 447 312 296

4.6 Exemptions and exclusions

While the Act gives a right of access to records held by government institutions, information within these records may be withheld by applying limited and specific exemptions.   There was a slight decrease in the number of exemptions applied by ESDC, despite the increase in volume of requests.

Due to the nature of the mandate of ESDC and its personal information holdings, the exemption applied most frequently by ESDC is subsection 19(1), which protects personal information as defined by section 3 of the Privacy Act.

Other exemptions that frequently apply to ESDC’s records include: section 21 (integrity of the Government’s decision making process including advice, recommendations, deliberations, plans and positions relating to ongoing negotiations); section 20 (third-party confidential information held in government records); subsection 24(1), (disclosure prohibited by other federal laws); section 16 (information that could be injurious to lawful investigations or could facilitate the commission of an offence); section 23 (information subject to solicitor-client privilege); and section 14 (federal-provincial relations/negotiations). ESDC invoked other exemptions in 24 or fewer requests during the year.

The Act excludes certain types of information from its application, specifically records that are already available to the public (section 68) and confidences of the Queen’s Privy Council for Canada (section 69). For 2014–15, 112 ESDC excluded records based on section 69 of the ATIA in a total of 31 requests.

Figure 5 – Aggregate number of extensions and exclusions applied to request
Figure 5 - Text description
Year Exemptions Exclusions
2011-2012 514 20
2012-2013 684 69
2013-2014 1,202 42
2014-2015 1,129 134

4.7 Pages processed and format of disclosure

The Department provided records in paper format 596 times and electronically (CD) 140 times. Out of 139,549 pages processed, 121,801 (87.3%) were disclosed either in full or in part. The remaining 17,748 pages processed were either totally exempted, excluded from the Act or were part of requests that were subsequently abandoned by the requester.

Of the total requests processed, 79% involved a review of 500 pages or less and 23 requests (2.2%) required a review of more than 1,000 pages each. These latter 23 requests resulted in the disclosure of 59,826 pages, or 42.8% of the total number of pages processed by ESDC during the reporting period.

Figure 6 – Format of information disclosed
Figure - 6 Text description
Year Paper Electronic Other
2011-2012 314 117 0
2012-2013 366 131 0
2013-2014 564 152 0
2014-2015 596 140 1
Figure 7 – Number of pages processed and disclosed
Figure 7 – Text description
Year Processed Disclosed
2011-2012 120,109 95,062
2012-2013 112,087 97,127
2013-2014 101,577 87,116
2014-2015 139,549 121,801

4.8 Other complexities

This section reflects the number of requests where consultation was required, where there was an assessment of fees, where ESDC sought legal advice and “other,” defined as information that “… comprises high profile subject matter, requests where records are in a region or other country, and requests where the records are in a language other than English or French.”

For 2014–15, consultation was required 107 times and fees were assessed for 35 requests. There were no requests where either legal advice was sought or the “other” category was applied.

Figure 8 – Other complexities
Figure 8 – Text description
Year Consultation required Assessment of fees Legal advice sought Other
2011-2012 62 43 16 135
2012-2013 89 42 9 118
2013-2014 93 58 42 194
2014-2015 107 35 0 0

4.9 Performance

The Department was able to meet the statutory timeframe 75.7% of the time. Of the 256 requests disclosed beyond the time set by the ATIA, workload was the largest reason (72%) while external and internal consultations accounted for delays in 24 requests. The remainder were late for “other” reasons.

The Department went beyond the legislated disclosure date by 30 days or less in 116 requests; 77 requests required 31 to 120 days past the legislated date; and 63 requests required 121 to more than 365 additional days.

Sixty-seven (26%) of the late requests completed were processed as part of a backlog reduction strategy implemented in January 2015. This strategy will close 123 late requests by the end of the 2015-16 fiscal year in addition to new requests.

Figure 9 – Reasons for note meeting statutory deadline FY 2014-2015
Figure 9 – Text description
  • Workload = 184
  • External consultations = 11
  • Internal consultations = 13
  • Other = 48
Figure 10 – Nombre de demandes fermées après les délais prévus par la loi
Figure 10 – Text description
Year Number of requests closed past the statutory date
2011-2012 10
2012-2013 49
2013-2014 87
2014-2015 256

4.10 Extensions

Institutions may apply for an extension beyond the original 30-day statutory disclosure date where meeting the statutory date would unreasonably interfere with operations of the Department (s .9(1)(a)); where consultation is required that could not reasonably be conducted within the 30 days (s. 9(1)(b)); or where notice is given to a third party (s. 9(1)(c)).

For 2014–15, ESDC required an extension 356 times: 250 times because the timeframe posed unreasonable interference with departmental operations; 96 times for consultation; and 10 times for third-party notice. This reflects an 11.6% increase in the number of extensions taken despite an increase in the total number of requests of over 34% from the last fiscal year, due largely to the Business Process Redesign undertaken by ESDC.

Figure 11 – Number of extensions taken by type
Figure 11 – Text description
Year 9(1)(a) – interference with operations 9(1)(b) – section 69 consultations 9(1)(b) – other consultations 9(1)(c) third-party notice
2011-2012 81 13 43 6
2012-2013 90 28 20 4
2013-2014 219 14 82 4
2014-2015 250 32 64 10

4.11 Translation of records

No requests for translation where received during the 2014–15 fiscal year.

4.12 Fees

The Department collected $5,520 in application fees and waived $510 in application fees in 102 completed requests.

4.13 Consultations received by ESDC

In 2014 - 15, ESDC reviewed 6,373 pages in 142 consultations from other institutions and organizations. In 72.5% of the consultations, the Department was able to respond in 30 days or less. In 49% of consultations, ESDC recommended complete disclosure, and in 41% of consultations, ESDC recommended exemption(s) or exclusion. In the remaining 10% of consultations, ESDC recommended that the consulting body consult another institution or take a different course of action (other).

Figure 12 - Consultations from other government departments completed by calendar days
Figure 12 – Text description
Year 30 calendar days 31-61 calendar days 61 or more calendar days
2011-2012 159 1 4
2012-2013 187 5 1
2013-2014 171 15 12
2014-2015 105 27 10
Figure 13 - Consultations from other government departments received and completed
Figure 13 – Text description
Year Received Completed
2011-2012 167 164
2012-2013 195 193
2013-2014 196 199
2014-2015 157 142

4.14 Consultations on cabinet confidences

For the 2014–15 reporting cycle, the Treasury Board Secretariat requires departments to track the completion time of consultations on possible Cabinet confidences. Following new procedures implemented in July 2013, all possible Cabinet confidences previously sent to the Privy Council Office for determination are now sent to ESDC’s Legal Services Unit for recommendation. The Department sent 31 requests to Legal Services for recommendation. Of these, 68% had fewer than 100 pages. Compared with the previous fiscal year, when 30% of consultations were completed within 30 days, 58% of consultations were completed within 30 days this fiscal year, despite a 35% increase in the number of consultations.

Figure 14 – Completion time of consultations on cabinet confidence
Figure 14 – Text description
Year 30 calendar days 31-61 calendar days 61 or more calendar days
2011-2012 4 2 7
2012-2013 3 3 22
2013-2014 7 10 6
2014-2015 18 12 1

4.15 Financial considerations

The Department spent $1,705,976 to administer the Access to Information Act; $15,354 of that total was in non-salary costs.

Resources related to the Access to Information Act totalled 24.82 person years for 2014–15: 20.10 for full-time staff; 1.64 for part-time and casual; 3.00 for consultants and agency personnel; and 0.08 for students. This represents a decrease of person year resources from 29 in 2011-12, at a time when the number of pages processed has increased by 16.2%, representing a 35.7% increase in workload per person year.

5.0 Access to information and privacy training and awareness activities

5.1 Training overview

In January and February 2015, NHQ provided 6 information sessions to 93 participants in the Skills and Employment Branch, 20 of whom were at the Director level and above.

An additional 13,800 employees completed the Stewardship of Information online training.

5.2 Regional training

In addition to the sessions offered by the ATIP Operations Division, under the direction of the Regional ATIP Managers, training was provided to 871 employees as follows:

  • Atlantic
    • One ATIP Orientation Session – regional executives (30 participants)
    • Twelve ATIP Info Sessions – employees (195 participants)
    • Total 225 participants
  • Quebec
    • One session to Team Leaders in the Integrity Services Branch: 15 participants
    • One session to Investigators in the Integrity Services Branch: 35 participants
    • One session to Officers of the Regional Enquiries Unit: 12 participants
    • Total: 62 participants
  • Ontario
    • One ATIP Awareness Session delivered to HR across the country (English session) (42 participants)
    • One ATIP Awareness Session delivered to HR across the country (French session) (12 participants)
    • Four ATIP Awareness Sessions delivered to regional staff (total of between 80–100 participants)
    • Business Expertise Forum mini ATIP information session (approximately 330 participants)
    • ORIOLE training mini ATIP information session (approximately 100 participants)
    • Total: 584 participants in 8 sessions
  • Western
    • The W-T region did not provide any training to other business lines or units for the 2014–15 fiscal year.
    • Total: 0 participants
  • Regional
    • Total: 871

5.3 In-person training multi-year overview

Figure 15 – In-Person Training at ESDC
Figure 15 – Text description
Year Number of employees trained by ESDC Numbers of employees trained by regions
2011-2012 161 862
2012-2013 125 597
2013-2014 109 677
2014-2015 58 871

6.0 Activities and challenges in 2014–15

Over the 2014–15 fiscal year, ATIP Ops received 34.7% more requests than in the preceding fiscal year. Resources were diverted because of litigation and a Business Process Review and Redesign project, intended to increase processing efficiencies in the longer term. ESDC has taken proactive strategic measures to address the chronic ATIP resource challenges.

ATIP Ops is working towards becoming a paperless office to increase efficiencies in both the program areas as well as in ATIP Ops and the regions. This year was marked by adding more information to ATIP SharePoint, an online resource-sharing tool. This will make it easier for those in the Department to find released ATIA requests and appropriate tools and information related to access to information and privacy. The full implementation of SharePoint will be rolled out over the next fiscal year.

7.0 Complaints, investigations and court action

The Office of the Information Commissioner (OIC) notified ESDC of 29 complaints during 2014–15. This included 9 complaints alleging a denial of access; 9 complaints of unreasonable time extensions taken by ESDC; 4 complaints for processing delays; 2 allegations of exemptions applied improperly; 1 complaint failed to specify a reason; and 1 miscellaneous complaint. Three complainants believed their file had been improperly disclosed (2 of these were discontinued).

The OIC found 13 complaints to be well founded in 2014–15; 12 were resolved informally, 6 of them without recommendations; and 1 was well founded after formal investigation by the OIC.

There were no requests received in 2014–15 that required court action, although there was a court hearing on a request from a previous year.

8.0 ESDC’s commitment to respect timeframes

Except for certain circumstances that allow for claiming extensions, the Access to Information Act contains a statutory timeline of 30 calendar days for responding to requests. Given these timeframes and ESDC’s commitment to respecting both the letter and spirit of the Act, the Department established the following process and responsibilities:

Retrieval of Relevant Records and Formulation of Recommendations: Relevant branches and regions (Offices of Primary Interest or OPIs) have eight working days to retrieve all responsive records and present them, along with any recommendations, to the ATIP Operations Division.

Line-by-line Review of the Responsive Records: The Request Processing Unit (RPU) has eight working days to do a thorough line-by-line review of the records and to invoke the applicable exemptions and exclusions.

Advance Release Notice: In all cases, the Executive Head of the relevant branch or region receives a copy of the release package at least four working days prior to the scheduled release date. Employees from the Deputy Ministers’ offices and the Ministers’ offices are also given a copy of the package for information purposes, when requested. At the same time that the records are provided to the OPI, copies of the package are provided to departmental communications officials. The Communications Branch and the OPI prepare any necessary communications products. This does not affect the timely processing of access to information requests.

Together, the three steps described above total 20 working days (30 calendar days). ESDC’s ATIP Operations Division has a long-standing history of keeping its colleagues informed throughout the process when responding to ATIA requests. This collaborative approach supports a no-surprise environment for stakeholders within ESDC, enabling officials in the ATIP Operations Division to administer the legislation appropriately, with minimal delay.

9.0 Request summaries posted to Open Canada website

In January 2012, ESDC began posting monthly summaries of completed Access to Information Act requests on the Open Canada website, in accordance with the Treasury Board Secretariat’s directives. In 2014–15, 612 requests for access were treated informally by providing copies of requests previously released.

10.0 Annex A: Delegation order

Figure 1 - Delegation Order

Department of Human Resources and Skills Development
Delegation order

Access to Information Act

I, Diane Finley, Minister of Human Resources and Skills Development, pursuant to Section 73 of the Access to Information Act, hereby designate the officer or employee of the Department of Human Resources and Skills Development whose position or title is set out in the attached Schedule, or the officers or employees occupying, on an acting basis or otherwise, those positions, to exercise the powers, duties or functions of the head of the institution under the Act that are set in the Schedule in relation to that officer or employees.

This delegation order supersedes any previous order executed pursuant to section 73 of the Act.

Original signed in Ottawa, Ontario,
this 26th day of February 2009,
by the Honourable Diane Finley,
Minister of Human Resources and Skills Development

Access to Information Act – Delegation of authority

Description Section Deputy Minister ESDC Deputy Minister Labour Deputy Head Service Canada ADMs of PPCA and Labour Corporate Secretary ESDC Director ATIP Operations Manager ATIP Operations ATIP Officers
Responsibility of government institutions 4(2.1) Yes Yes Yes Yes Yes Yes Yes No
Notice where access requested 7(a) Yes Yes Yes Yes Yes Yes Yes Yes
Giving access to record 7(b) Yes Yes Yes Yes Yes Yes Yes No
Transfer of request to another government institution 8(1) Yes Yes Yes Yes Yes Yes Yes Yes
Extension of time limits 9 Yes Yes Yes Yes Yes Yes Yes No
Payment of additional fees 11(2) Yes Yes Yes Yes Yes Yes Yes Yes
Payment of fees for EDP record 11(3) Yes Yes Yes Yes Yes Yes Yes Yes
Deposit 11(4) Yes Yes Yes Yes Yes Yes Yes Yes
Notice of fee payment 11(5) Yes Yes Yes Yes Yes Yes Yes Yes
Waiver of refund of fees 11(6) Yes Yes Yes Yes Yes Yes Yes No
Language of access 12(2)b) Yes Yes Yes Yes Yes Yes Yes Yes
Access to alternate format 12(3)b) Yes Yes Yes Yes Yes Yes Yes Yes
Refuse access – Obtained in confidence 13 Yes Yes Yes Yes Yes Yes Yes No
Refuse access – Federal-provincial affairs 14 Yes Yes Yes Yes Yes Yes Yes No
Refuse access – International affairs and defence 15 Yes Yes Yes Yes Yes Yes Yes No
Refuse access – Law enforcement,  investigations 16 Yes Yes Yes Yes Yes Yes Yes No
Refuse access – Public Servants Disclosure Protection Act 16.5 Yes Yes Yes Yes Yes Yes Yes No
Refuse access – Safety of individuals 17 Yes Yes Yes Yes Yes Yes Yes No
Refuse access – Economic interests of Canada 18 Yes Yes Yes Yes Yes Yes Yes No
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 Yes Yes Yes Yes Yes Yes Yes No
Refuse access – Personal information 19 Yes Yes Yes Yes Yes Yes Yes No
Refuse access – Third-party information 20 Yes Yes Yes Yes Yes Yes Yes No
Refuse access – Operations of government 21 Yes Yes Yes Yes Yes Yes Yes No
Refuse access – Testing procedures, tests, audits 22 Yes Yes Yes Yes Yes Yes Yes No
Refuse access – Audit working papers and draft audit reports 22.1 Yes Yes Yes Yes Yes Yes Yes No
Refuse access – Solicitor-client privilege 23 Yes Yes Yes Yes Yes Yes Yes No
Refuse access – Statutory prohibitions 24 Yes Yes Yes Yes Yes Yes Yes No
Severability 25 Yes Yes Yes Yes Yes Yes Yes No
Information to be published 26 Yes Yes Yes Yes Yes Yes Yes No
Third-party notification 27(1) Yes Yes Yes Yes Yes Yes Yes No
Third-party notification – Extension of time limit 27(4) Yes Yes Yes Yes Oii Yes Yes No
Third-party notification – Notice of decision 28(1)b) Yes Yes Yes Yes Yes Yes Yes No
Third-party notification – Representations in writing 28(2) Yes Yes Yes Yes Yes Yes Yes No
Third-party notification – Disclosure of record 28(4) Yes Yes Yes Yes Yes Yes Yes No
Where the Information Commissioner recommends disclosure 29(1) Yes Yes Yes Yes Yes Yes Yes No
Advising Information Commissioner of third-party involvement 33 Yes Yes Yes Yes Yes Yes Yes No
Right to make representations 35(2)b) Yes Yes Yes Yes Yes Yes Yes No
Access to be given to complainant 37(4) Yes Yes Yes Yes Yes Yes Yes No
Notice to third party (application to Federal Court) 43(1) Yes Yes Yes Yes Yes Yes Yes Yes
Notice to applicant (application to Federal Court by third party) 44(2) Yes Yes Yes Yes Yes Yes Yes Yes
Special rules for hearings 52(2) (b) Yes Yes Yes Yes Yes Yes Yes No
Ex parte representations (Federal Court) 52(3) Yes Yes Yes Yes Yes Yes Yes No
Facilities for inspection of manuals 71(1) Yes Yes Yes Yes Yes Yes Yes No
Annual report to Parliament 72 Yes Yes Yes Yes Yes Yes Yes No

11.0 Annex B: Statistical report on the Access to Information Act

Name of institution: Employment and Social Development Canada 

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

Part 1: Requests under the Access to Information Act

1.1 Number of requests

Item Number of requests
Received during reporting period 1,160
Outstanding from previous reporting period 157
Total 1,317
Closed during reporting period 1,055
Carried over to next reporting period 262

1.2 Sources of requests

Source Number of requests
Media 156
Academia 14
Business (private sector) 436
Organization 220
Public 286
Decline to identify 48
Total 1 160

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
376 66 65 103 1 1 0 612

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 11 159 89 19 2 3 2 285
Disclosed in part 5 87 144 114 44 41 20 455
All exempted 0 5 5 2 0 2 1 15
All excluded 0 1 0 2 2 0 0 5
No records exist 1 84 66 6 0 1 0 158
Demande transmise 6 3 0 0 0 0 0 9
Demande abandonnée 57 28 8 11 7 8 9 128
Demande ni confirmée ni infirmée 0 0 0 0 0 0 0 0
Total 80 367 312 154 55 55 32 1 055

2.2 Exceptions

Disposition Nombre de demandes
13(1)a) 2
13(1)b) 3
13(1)c) 9
13(1)d) 1
13(1)e) 1
14 25
14a) 0
14b) 2
15(1) 4
15(1) – Affaires internationales 4
15(1) – Défense du Canada 0
15(1) – Activités subversives 2
16(1)a)(i) 0
16(1)a)(ii) 0
16(1)a)(iii) 1
16(1)b) 28
16(1)c) 0
16(1)d) 0
16(2) 185
16(2)a) 0
16(2)b) 0
16(2)c) 0
16(3) 0
16.1(1)a) 0
16.1(1)b) 0
16.1(1)c) 0
16.1(1)d) 0
16.2(1) 0
16.3 0
16.4(1)a) 0
16.4(1)b) 0
16.5 0
17 1
18a) 1
18b) 2
18c) 0
18d) 5
18.1(1)a) 0
18.1(1)b) 0
18.1(1)c) 0
18.1(1)d) 0
19(1) 347
20(1)a) 0
20(1)b) 76
20(1)b.1) 0
20(1)c) 89
20(1)d) 9
20.1 0
20.2 0
20.4 0
21(1)a) 92
21(1)b) 98
21(1)c) 3
21(1)d) 9
22 5
22.1(1) 5
23 45
24(1) 74
26 1

2.3 Exclusions

Disposition Nombre de demandes
68a) 2
68b) 0
68c) 0
68.1 0
68.2a) 0
68.2b) 0
69(1) 6
69(1)a) 13
69(1)b) 7
69(1)c) 7
69(1)d) 15
69(1)e) 17
69(1)f) 9
69(1)g) voir a) 15
69(1)g) voir b) 1
69(1)g) voir c) 10
69(1)g) voir d) 14
69(1)g) voir e) 10
69(1)g) voir f) 8
69.1(1) 0

2.2 Exemptions

Section Number of Requests
13(1)(a) 2
13(1)(b) 3
13(1)(c) 9
13(1)(d) 1
13(1)(e) 1
14 25
14(a) 0
14(b) 2
15(1) 4
15(1) - International Affairs 4
15(1) - Defence of Canada 0
15(1) - Subversive Activities 2
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 1
16(1)(b) 28
16(1)(c) 0
16(1)(d) 0
16(2) 185
16(2)(a) 0
16(2)(b) 0
16(2)(c) 0
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 0
16.1(1)(c) 0
16.1(1)(d) 0
16.2(1) 0
16.3 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
17 1
18(a) 1
18(b) 2
18(c) 0
18(d) 5
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 347
20(1)(a) 0
20(1)(b) 76
20(1)(b.1) 0
20(1)(c) 89
20(1)(d) 9
20.1 0
20.2 0
20.4 0
21(1)(a) 92
21(1)(b) 98
21(1)(c) 3
21(1)(d) 9
22 5
22.1(1) 5
23 45
24(1) 74
26 1

2.3 Exclusions

Section Number of Requests
68(a) 2
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 6
69(1)(a) 13
69(1)(b) 7
69(1)(c) 7
69(1)(d) 15
69(1)(e) 17
69(1)(f) 9
69(1)(g) re (a) 15
69(1)(g) re (b) 1
69(1)(g) re (c) 10
69(1)(g) re (d) 14
69(1)(g) re (e) 10
69(1)(g) re (f) 8
69.1(1) 0

2.4  Format of information released

Disposition Paper Electronic Other Formats
All disclosed 266 16 1
Disclosed in part 330 124 0
Total 596 140 1

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 10,525 10,491 285
Disclosed in part 122,954 106,827 455
All exempted 408 0 15
All excluded 446 0 5
Request abandoned 5,216 4,483 128
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 264 3,214 17 3,563 3 1,917 1 1,797 0 0
Disclosed in part 290 8,972 113 23,912 31 19,914 19 31,096 2 22,933
All exempted 14 0 1 0 0 0 0 0 0 0
All excluded 3 0 2 0 0 0 0 0 0 0
Request abandoned 124 176 3 307 0 0 1 4,000 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 695 12,362 136 27,782 34 21,831 21 36,893 2 22,933
2.5.3 Other complexities
Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 7 0 0 0 7
Disclosed in part 89 10 0 0 99
All exempted 4 1 0 0 5
All excluded 3 0 0 0 3
Request abandoned 4 24 0 0 28
Neither confirmed nor denied 0 0 0 0 0
Total 107 35 0 0 142

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
256 184 11 13 48
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 48 35 83
16 to 30 days 19 14 33
31 to 60 days 24 12 36
61 to 120 days 15 26 41
121  to 180 days 6 8 14
181 to 365 days 4 24 28
More than 365 days 5 16 21
Total 121 135 256

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 24 0 5 0
Disclosed in part 202 25 51 10
All exempted 3 1 3 0
All excluded 0 3 1 0
No records exist 4 0 0 0
Request abandoned 17 3 4 0
Total 250 32 64 10

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 129 0 17 0
31 to 60 days 60 12 24 3
61 to 120 days 55 14 20 6
121 to 180 days 4 0 3 1
181 to 365 days 2 6 0 0
365 days or more 0 0 0 0
Total 250 32 64 10

Part 4: Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of Requests Amount Number of Requests Amount
Application 953 $5,520 102 $510
Search 6 $1,605 0 $0
Production 0 $0 0 $0
Programming 0 $0 0 $0
Preparation 0 $0 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 0 $0
Total 959 $7,125 102 $510

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 155 6,373 2 17
Outstanding from the previous reporting period 7 148 0 0
Total 162 6,521 2 17
Closed during the reporting period 140 6,356 2 17
Pending at the end of the reporting period 22 165 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 31 26 12 0 0 0 0 69
Disclose in part 9 26 10 5 1 0 0 51
Exempt entirely 0 3 1 1 0 0 0 5
Exclude entirely 1 0 0 0 0 0 0 1
Consult other institution 2 4 2 0 0 0 0 8
Other 0 1 2 3 0 0 0 6
Total 43 60 27 9 1 0 0 140

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 1 0 0 0 0 0 1
Disclose in part 1 0 0 0 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 0 0
Total 1 1 0 0 0 0 0 2

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 501-1,000 Pages Processed 1,001-5,000 Pages Processed More Than 5,000 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 4 119 2 335 0 0 0 0 0 0
16 to 30 11 240 1 160 0 0 0 0 0 0
31 to 60 6 270 0 0 6 3,804 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 1 107 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 21 629 4 602 6 3,804 0 0 0 0

6.2 Requests with Privy Council Office

Number of Days Fewer Than 100 Pages Processed 101‒500 Pages Processed 501-1,000 Pages Processed 1,001-5,000 Pages Processed More Than 5,000 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
29 26 13 68

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 $1,688,768
Overtime $1,854
Goods and services
  • Professional services contracts = $15,354
  • Other = $0
$15,354
Total $1,705,976

9.2  Human resources

Resources Person Years Dedicated to Access to Information Activities
Full-time employees 20.10
Part-time and casual employees 1.64
Regional staff 0.00
Consultants and agency personnel 3.00
Students 0.08
Total 24.82

Note: Enter values to two decimal places.

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