Annual Report on the Administration of the Access to Information Act for the 2016 to 2017 fiscal year
From Employment and Social Development Canada
Alternate formats
Large print, braille, MP3 (audio), e-text and DAISY formats are available on demand by ordering online or calling 1 800 O-Canada (1-800-622-6232). If you use a teletypewriter (TTY), call 1-800-926-9105.
On this page
- Executive summary
- 1.0 Introduction
- 2.0 Access to information at ESDC
- 3.0 Access to information delegation order
- 4.0 Summary of key data
- 5.0 Training and awareness activities
- 6.0 New or revised policies, guidelines, procedures and initiatives
- 7.0 Complaints, investigations, court action and audits
- 8.0 Timeframe monitoring at ESDC
- Annex A: Delegation order
- Annex B: Statistical report on the Access to Information Act
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 Access to Information Act (ATIA) and the Privacy Act establish legal rights for Canadian citizens and permanent residents to request and receive access to information to records held by the Government, while protecting the security and confidentiality of sensitive and personal information. Given the nature of ESDC’s services, the Department receives a high number of access to information requests.
Similar to the last few years, the Department experienced a substantial increase in the number of requests, the number of pages reviewed and the complexity of requests received. In the 2016 to 2017 fiscal year, ESDC:
- received 2,268 formal requests under the ATIA, an increase of over 44% from the previous year
- completed 2,276 requests
- reviewed over 438,000 pages, a significant 70% increase from last year and a continuing upward trend
Yet relative to the volume of requests and workload, and without a corresponding sizeable increase in resources, ESDC has managed to achieve a compliance rate of 77%.
The Department anticipates this trend will continue and therefore has proactively pursued a variety of steps over the 2016 to 2017 fiscal year, viewing this as a transition year which will strengthen and position operations for the future. These changes and modifications acknowledge the realities of the increased workload and the importance of continuing to respond to requesters in a timely and efficient manner, and include:
- beginning to implement audit recommendations
- adding management capacity
- establishing the basis for a resource development program as an integral part of a recruitment and retention strategy
- continuing data analysis to identify opportunities for open information
This annual report highlights a number of these steps, both in terms of progress to-date and future strategies.
1.0 Introduction
The Department of Employment and Social Development is pleased to present to Parliament its annual report on the administration of the Access to Information Act (ATIA) for the 2016 to 2017 fiscal year.
1.1 About the Access to Information Act and Section 72 requirement
The purpose of the ATIA is to provide Canadian citizens and permanent residents with a right of access to information in records under the control of a government institution, subject to limited and specific exemptions and exclusions.
Section 72 of the ATIA requires the head of every federal government institution to submit an annual report to Parliament on ATIA administration at the close of each fiscal year. This report describes how Employment and Social Development Canada fulfilled its access to information responsibilities during the 2016 to 2017 fiscal year.
1.2 About Employment and Social Development Canada
The mission of Employment and Social Development Canada (ESDC), including the Labour Program and Service Canada, 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.
ESDC is one of the largest and most geographically distributed federal departments in the Government of Canada. Citizens and clients interact with ESDC on a daily basis through over 589 points of service across Canada. Each year, ESDC provides approximately $120 billion in benefits and payments to individuals, and supports millions of Canadians through its many programs and services:
- 78.5 million visits to the Service Canada website
- 8.7 million clients assisted in-person at a Service Canada Centre or Service Canada Scheduled Outreach Site
- Over 2 million calls answered by 1 800 O-Canada agents
- 4.6 million passports issued
- 2.95 million applications processed for Employment Insurance (initial and renewal), 690,000 for the Canada Pension Plan and 775,000 for Old Age Security
- $3.27 billion withdrawn from Registered Education Savings Plans by students to help fund their post-secondary education
- 94% of labour disputes settled as part of the collective bargaining process
ESDC delivers a range of programs and services that affect Canadians throughout their lives. The Department provides seniors with basic income security, supports unemployed workers, helps students finance their post-secondary education and assists parents who are raising young children. The Labour Program is responsible for labour laws and policies in federally regulated workplaces. Service Canada helps citizens access ESDC’s programs, as well as other Government of Canada programs and services.
1.3 Our ministers
The activities of ESDC are governed by federal legislation and reflected in the mandates of its three ministers:
- the Honourable Jean-Yves Duclos, Minister of Employment and Social Development, titled as Minister of Families, Children and Social Development
- the Honourable Patty Hajdu, Minister of Labour, titled as Minister of Employment, Workforce Development and Labour
- the Honourable Carla Qualtrough, Minister of Sport and Persons with Disabilities
The Honourable Jean-Yves Duclos is the Minister responsible for the purposes of the Department of Employment and Social Development Act.
2.0 Access to information at ESDC
2.1 Corporate Secretary and Chief Privacy Officer
The Corporate Secretary who also serves as ESDC’s Chief Privacy Officer is responsible for the administration of the ATIA at ESDC and is supported in that function by a Director of Access to Information and Privacy (ATIP) Operations who is also the Department’s designated ATIP Coordinator. The Chief Privacy Officer’s role is described in more detail in the Department’s Annual Report on the Administration of the Privacy Act.

Text description of Figure 1
This organizational chart displays a hierarchy beginning with the Corporate Secretary and Chief Privacy Officer of ESDC at the top. From this level, a dotted line leads to the bottom to the Regional Access to Information and Privacy Managers.
Directly below the Corporate Secretary and Chief Privacy Officer are two levels: The Privacy Management Division and the Access to Information and Privacy Operations Division.
Directly below the Privacy Management Division are two units: The Privacy Policy, Planning and Coordination Unit, and the Compliance and Review Unit. Directly below the Access to Information and Privacy Operations Division are also two units: The Request Processing Unit, and the Incident Management and Legislative Disclosures Unit.
Note: More information about the privacy function at ESDC can be found in the Annual Report on the Administration of the Privacy Act for the 2016 to 2017 fiscal year.
2.2 Access to Information and Privacy Operations Division and Regional Operations
The Access to Information and Privacy Operations Division (ATIP Ops) carries out the Department’s legislated requirements under the ATIA, the Privacy Act and parts of the Department of Employment and Social Development Act. ATIP Ops leads and advises on the processing of all requests under the ATIA by managing requests for access to information found in records in the control of ESDC, responding to requests from the public, performing a line-by-line review of records requested under the ATIA and the Privacy Act, as well as delivering training and awareness sessions to departmental employees with respect to administering the Acts.
The day-to-day administration of the ATIA at ESDC is a joint effort between ATIP Ops and the Department’s network of branch and regional Liaison Officers (LOs) who support this work by helping process requests. This includes undertaking searches, collecting records and making recommendations. The LOs also play an intermediary role between ATIP analysts and subject matter experts located across ESDC’s various programs. The Department also has a network of regional ATIP managers who support the work by providing expert advice and guidance on the Acts directly to program areas within the regions, in consultation with ATIP Ops. Responding to an access to information request is a departmental priority that requires all stakeholders to carry out their roles and responsibilities in order for the Department to meet its objectives in providing timely access to records under the ATIA.
In the 2016 to 2017 fiscal year, resources dedicated to processing access to information requests consisted of a team of about 19 employees (the number of employees fluctuated throughout the year). This includes three managers, as well as ATIP officers and an Intake Unit. ESDC’s branch and regional resources are not included in this total. This past fiscal year, ESDC sought to increase its management capacity within ATIP Ops in order to respond to the persistent year-over-year increase in the volume of requests, to better address daily administration and to support the establishment of a resource recruitment and retention strategy.
In addition, ATIP Ops is responsible for determining when incidents involving personal information constitute privacy breaches, as well as responding to legal instruments, public interest disclosures and privacy complaints not related to the processing of Privacy Act requests. It also works with the Office of the Information Commissioner (OIC) and the Office of the Privacy Commissioner (OPC) regarding complaints received against the Department.
3.0 Access to information delegation order
Section 73 of the Access to Information Act and section 11 of the Department of Employment and Social Development Act empower the head of the institution to delegate any of the powers, duties or functions assigned to them by those Acts to employees of the institution.
Over the 2016 to 2017 fiscal year, the Department worked to update the Delegation Order, and a signed and dated copy can be found in Annex A.
4.0 Summary of key data
The Statistical Report on the Access to Information Act for the 2016 to 2017 fiscal year can be found in Annex B.
The key data are presented in the summary table below (table 1), while subsequent tables provide more detailed information.
Key data | Fiscal years | ||
---|---|---|---|
From 2014 to 2015 | From 2015 to 2016 | From 2016 to 2017 | |
Formal requests received under the Access to Information Act | 1,160 | 1,572 | 2,268 |
Requests completed during the reporting period | 1,055 | 1,439 | 2,276 |
Number of pages processed | 139,549 | 257,249 | 438,368 |
Number of requests completed within legislated timeframes | 799 | 1,178 | 1,748 |
Number of requests completed beyond legislated timeframes | 256 | 261 | 528 |
Proportion of requests that were responded to within legislated timeframes according to the Information Commissioner's standards | 76% | 82% | 77% |
Complaints to the Information Commissioner | 29 | 42 | 23 |
Table note: Completing a request within an extension is still considered to be within legislated timeframes.
4.1 Requests received and completed under the ATIA
In six years, ESDC’s total number of access to information requests has quadrupled. In the 2016 to 2017 fiscal year alone, the Department received a total of 2,268 requests, a 44% increase from last year and a significant growth compared to the increased rate from the previous two reporting years (around 35%). Compared to the Government of Canada as a whole, which in total recorded an increase in requests received of only 10.5% (Access to Information and Privacy Statistical Report, for the 2015 to 2016 fiscal year), this continued surge is compelling and emphasizes the continued demand from Canadians for access to ESDC information.
In addition to processing requests under the ATIA, the Department also contributed to other government-wide activities for which ATIP Ops advice and expertise is sought. ATIP Ops staff frequently review Proactive Disclosure (e.g. contracts, position reclassification, travel and hospitality expenses) and Open Government publications (e.g. datasets) to identify sensitivities such as personal information and cabinet confidences. While these figures are not accounted for within this report’s statistical information, such collaborative arrangements are an important part of strengthening transparency and accountability.

Text description of Figure 2
Fiscal year | Received | Completed |
---|---|---|
From 2014 to 2015 | 1,160 | 1,055 |
From 2015 to 2016 | 1,572 | 1,439 |
From 2016 to 2017 | 2,268 | 2,276 |
4.2 Requests by calendar days taken to complete
Over the past three fiscal years, the majority of requests have been completed within 30 calendar days. In the 2016 to 2017 fiscal year, 1,200 requests, or more than half (53%) of requests, were completed within the first 30 days.

Text description of Figure 3
Fiscal year | 30 Calendar days | 31-60 Calendar days | 61 or more Calendar days |
---|---|---|---|
From 2014 to 2015 | 447 | 312 | 296 |
From 2015 to 2016 | 787 | 352 | 300 |
From 2016 to 2017 | 1,200 | 516 | 560 |
4.3 Timeframes
In the 2016 to 2017 fiscal year, the Department met legislated timelines for 1,748 requests made under the ATIA. Despite an increase in the number of requests received and the number of pages processed, the majority of requests were completed within legislated timeframes with a compliance rate of 77%. This represents a slight decrease (5 percentage points) in the compliance rate compared to the 2015 to 2016 fiscal year.
Institutions may apply for an extension beyond the original 30-day statutory disclosure timeframe where meeting the statutory date would unreasonably interfere with operations of the Department, where consultation is required that could not reasonably be conducted within the 30 days or where notice is given to a third party. For the 2016 to 2017 fiscal year, ESDC requested 467 extensions.
ESDC was unable to meet legislated timelines for 528 requests during the reporting year.

Text description of Figure 4
Fiscal year | Beyond | Within |
---|---|---|
From 2014 to 2015 | 256 | 799 |
From 2015 to 2016 | 261 | 1,178 |
From 2016 to 2017 | 528 | 1,748 |
4.4 Pages processed and disclosed
In the 2016 to 2017 fiscal year, the Department continued to experience a significant increase in the number of pages processed, from approximately 140,000 in the 2014 to 2015 fiscal year to over 250,000 in the 2015 to 2016 fiscal year, to over 438,000 during the reporting period. The volume received by ATIP Ops from the responsible branches and/or regions in response to an access to information request represents the number of pages which must be processed. Once ATIP Ops performs a review of the documents to identify duplicate content and information which must be withheld under the ATIA, the remaining pages are disclosed to the requester.
This growth in the number of pages processed signals an opportunity for increased engagement between ATIP Ops analysts and their departmental contact, and between the analysts and the requesters. For broad requests, ESDC programs and branches work with the analysts to identify records that would meet the needs of the requester. Through this process the analysts gain a better understanding of the programs and services, and are equipped to have a more informed discussion on scope with the requester. This ultimately allows for more effective and efficient service – ESDC is better able to fulfill requests in a timely manner and the requester is more likely to receive the desired information. ATIP Ops analysts continue to develop skills and aptitudes to strengthen this cross-government process.

Text description of Figure 5
Fiscal year | Processed | Disclosed |
---|---|---|
From 2014 to 2015 | 139,549 | 121,801 |
From 2015 to 2016 | 257,249 | 216,929 |
From 2016 to 2017 | 438,368 | 410,089 |
4.5 Sources of requests
In the 2016 to 2017 fiscal year, the most common source of requests was from the media (670), followed by the general public (580) and business/private sector (438). In the 2015 to 2016 fiscal year, the general public (492) was the most common source of requests, followed by business/private sector (395) and media (257). Correspondingly, lists of briefing notes and the actual briefing note documentation are the most common type of material requested from ESDC.
In the 2016 to 2017 fiscal year, one fifth (445) of requesters declined to identify themselves, a similar proportion to the 2015 to 2016 fiscal year (304 or 19%).
Source | Fiscal years | ||
---|---|---|---|
From 2014 to 2015 | From 2015 to 2016 | From 2016 to 2017 | |
Media | 156 (13%) | 257 (16%) | 670 (30%) |
Academia | 14 (1%) | 19 (1%) | 22 (1%) |
Business/private sector | 436 (38%) | 395 (25%) | 438 (19%) |
Organization | 220 (19%) | 105 (7%) | 113 (5%) |
Public | 286 (25%) | 492 (31%) | 580 (26%) |
Decline to identify | 48 (4%) | 304 (19%) | 445 (20%) |
Table note: Due to rounding, percentages may not equal 100%.
4.6 Exemptions and exclusions
Exemptions
ESDC is one of the largest holders of personal information in the Government of Canada, and Canadians and other government departments recognize it as such. A great deal of the information under the control of the Department contains personal information about individuals and must be withheld under mandatory exemptions of the ATIA unless certain conditions are met. Due to the nature of ESDC’s mandate, section 19 (personal information) continues to be one of the most frequently applied exemptions. However in the 2016 to 2017 fiscal year, the most frequently applied exemption was section 21 (advice and recommendations) which can be attributed to the growth in requests for briefing notes.
The following table outlines the most frequently invoked exemptions during the past three fiscal years.
Section | Fiscal years | ||
---|---|---|---|
From 2014 to 2015 | From 2015 to 2016 | From 2016 to 2017 | |
s. 19 (personal information) | 347 (31%) | 405 (29%) | 501 (23%) |
s. 16 (law enforcement and investigations) | 214 (19%) | 193 (14%) | 269 (13%) |
s. 21 (advice and recommendations) | 202 (18%) | 247 (18%) | 658 (31%) |
s. 20 (third-party information) | 174 (15%) | 170 (12%) | 229 (11%) |
s. 24 (statutory prohibitions against disclosure) | 74 (7%) | 170 (12%) | 186 (9%) |
s. 23 (solicitor-client privilege) | 45 (4%) | 48 (3%) | 70 (3%) |
Exclusions
The ATIA also allows for the exclusion of 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), which require consultation with the Department of Justice. In the 2016 to 2017 fiscal year, ESDC excluded records based on section 69 for 182 requests. This is an increase of 62% (or 112 requests) from the 2015 to 2016 fiscal year and can be attributed to the growth in requests for briefing notes, which often contain matters of cabinet confidences.
4.7 Consultations received from other Government of Canada institutions and other organizations
In the 2016 to 2017 fiscal year, ESDC responded to 171 consultation requests from other Government of Canada institutions and organizations, requiring a review of an additional 5,164 pages. Out of these 171 requests, the Department responded to 116 (68%) within 30 days and more than half (110 or 64%) resulted in a recommendation to disclose the records entirely. These numbers are consistent with those from the 2015 to 2016 fiscal year, when 170 consultation requests were received.
5.0 Training and awareness activities
ESDC has a comprehensive mandatory online training strategy to educate, increase knowledge of and raise awareness about the stewardship of information and effective workplace behaviours. The Department also offers online training on privacy and access to information to foster a common understanding of the proper management of information resources, ensuring that the privacy of information is respected, and to improve timeliness and compliance results. This shared and standardized approach for all employees is crucial for the Department, and is critical to safeguarding the protection of personal and private information held by ESDC.
As part of the department’s public commitment to maintain the security of our systems and to protect the personal information of our clients and colleagues, all ESDC employees are required to maintain valid certification in the Stewardship of Information and Workplace Behaviours (SIWB). SIWB certification provides all term and indeterminate staff, students, casuals and contractors with the critical knowledge they need to safely manage ESDC assets.
The initial SIWB certification process was launched in 2014 and was ongoing for new employees. Since the release of the SIWB training program, a total of 26,398 employees have successfully completed the course (including 2,251 employees in the 2016 to 2017 fiscal year). The SIWB training material certification was updated in 2016 and addresses topics such as privacy, access to information, information management, security, and values and ethics. At the beginning of 2017 the Department notified all ESDC employees that recertification is required every two years and, therefore, by summer 2017, a majority of employees must re-certify.
In addition, the online training module Privacy and Access to Information – It’s Everybody’s Business successfully trained 5,462 employees (including 2,364 employees in the 2016 to 2017 fiscal year). Cumulatively, these training and awareness activities demonstrate the consistent effort of ESDC to safeguard and protect Departmental information and ensure Canadians that the security of their personal information is taken seriously.

Text description of Figure 6
Fiscal year | Stewardship of information and effective workplace behaviours | Privacy and access to information – It's everybody's business |
---|---|---|
From 2013 to 2014 | 8,669 | Not Applicable |
From 2014 to 2015 | 13,800 | 1,356 |
From 2015 to 2016 | 1,678 | 1,742 |
From 2016 to 2017 | 2,251 | 2,364 |

Text description of Figure 7
Fiscal year | Training sessions | Employees trained |
---|---|---|
From 2014 to 2015 | 37 | 1,120 |
From 2015 to 2016 | 48 | 1,131 |
From 2016 to 2017 | 59 | 963 |
The Department continues to undertake a number of activities to educate and increase knowledge of access to information and privacy, such as regular meetings with LOs and regional managers, and in-person (or WebEx) training sessions. Since the 2014 to 2015 fiscal year, the Department delivered 144 in-person sessions to 3,214 employees. In the 2016 to 2017 fiscal year, ESDC delivered 59 in-person sessions to 963 employees.
ATIP Ops is also responsible for providing functional guidance on daily operations to the regions. In January 2017, the Division hosted a three-day workshop in the National Capital Region with 10 regional ATIP representatives where it shared best practices and discussed business processes, modernization efforts and new initiatives. This was the first meeting of its kind in a number of years and provided ATIP Ops with an increased awareness of regional operational realities. In addition, branch LOs participated in the training component of the workshop, helping to support ATIA functional community building across the Department.
6.0 New or revised policies, guidelines, procedures and initiatives
The Department is always looking to improve its performance standards and to find ways to address the persistent increase in volume, size and complexity of access to information requests. For example, the Department implemented a Business Process Redesign (BPR) in 2015 to simplify and improve processes and ensure quality responses are provided in a timely manner. During the 2016 to 2017 fiscal year, various adjustments were made to the access to information process to create administrative efficiencies, such as amending internal request response sheet templates to facilitate approvals. Looking towards the future, ESDC is dedicated to the ongoing enhancement of ATIA administration. There is a shared commitment to strengthening ATIP Ops business processes and firmly positioning day-to-day operations for success.
In addition, ATIP Ops has supported the Open Government initiative as a means to assisting the day-to-day workload. During the 2016 to 2017 fiscal year, ATIP Ops undertook an analysis of access to information data to highlight trends in frequent requests, which are major contributors to volumes. Data analysis will provide insights into the types of requests that could potentially be shared with the public as open information resources. This analysis will help create opportunities to collaborate and engage in partnerships with other branches and regions to discuss the proactive release of frequently sought information.
Additional information about new or revised policies, guidelines, procedures and initiatives can be found in section 7.0.
7.0 Complaints, investigations, court action and audits
Complaints, Investigations and Court Action
The Office of the Information Commissioner (OIC) notified ESDC of 23 complaints during the 2016 to 2017 fiscal year. This is a decrease of 19 complaints (45%) in comparison to the 2015 to 2016 fiscal year, despite the increase (44%) in the total volume of requests received.

Text description of Figure 8
Fiscal year | Requests received | Complaints received |
---|---|---|
From 2014 to 2015 | 1,160 | 29 |
From 2015 to 2016 | 1,572 | 42 |
From 2016 to 2017 | 2,268 | 23 |
The following table outlines the 23 received complaints by category.
Category | Denial of access | Unreasonable time extensions | Processing delays | Exemptions applied improperly |
---|---|---|---|---|
Number of complaints | 8 | 5 | 4 | 6 |
During the 2016 to 2017 fiscal year, the Office of the Information Commissioner (OIC) received temporary funding which was used to increase investigative capacity. As noted in the Information Commissioner of Canada’s 2016 to 2017 Annual Report, the “main areas of focus were the implementation of a simplified investigative process for delay complaints, with supporting advisory notices, and the roll-out of interest-based negotiations for investigations.” This OIC initiative had an impact on the Department and required ESDC to strike a daily balance between responding to investigations while continuing to process access to information requests. As a result, there were 59 active investigations during the reporting period.
Also during the reporting period, ATIP Ops managed to close 37 outstanding complaints, either carried over from previous years or from the 2016 to 2017 fiscal year. The following table outlines the OIC’s findings.
Category | Well founded | Not well founded | Discontinued | Resolved | Settled |
---|---|---|---|---|---|
Number of complaints | 11 | 4 | 16 | 4 | 2 |
There were no requests that resulted in court action in the 2016 to 2017 fiscal year.
Audits
In the 2015 to 2016 fiscal year, ESDC’s Internal Audit Services Branch undertook an audit of the access to information process. The findings were released in the 2016 to 2017 fiscal year and are currently being used to further improve ATIA administration. This process builds upon insight gained from the 2015 to 2016 fiscal year Business Process Redesign (BPR) and signals an opportunity to further strengthen ESDC’s access to information program.
Recommendations from the audit included the discussion of performance results at key departmental oversight committees, the implementation of a strategy to address delays and skill shortages, more complete and accurate performance reporting, and addressing training gaps and modernization efforts. In its goal to position and strengthen ESDC for the future, ATIP Ops worked to respond to these recommendations along two main lines while continuing to support daily operations and volumes.
First, in the 2016 to 2017 fiscal year, ATIP Ops focused on data integrity pertaining to access to information reporting results. New procedures such as quality monitoring and validation techniques were designed to provide improved insight into and oversight of the daily administrative process. ATIP Ops looked at other departments’ operational best practices and explored their work. The Division also modified weekly reporting documents, adding precision to forms to highlight key details and better meet senior management needs. The process of stabilizing and increasing rigor in ATIA reporting results also increased senior ESDC management’s awareness of the access to information program. Additionally, ATIP Ops started to engage branches and regions on the subject of training, workload, issues and business processes and will continue to do so. Looking forward, ATIP Ops is well-positioned next year to advance this work and to better engage senior management on trends and emerging challenges across the Department.
Second, ATIP Ops focused on stabilizing the daily administration of the program by starting to increase capacity within the Division and increasing the development of ATIP expertise. Priorities included resource retention, creating an organizational structure to strengthen internal capacity and hiring additional resources to provide management capacity with respect to request processing and implementing business process improvements. Looking towards next year, ATIP Ops will concentrate on continuing training within the Division, as well as with LOs and other stakeholders. ATIP Ops will also work in partnership with those in the ATIP community to leverage and build on existing work, and to establish a sustainable resource development program as an integral part of a recruitment and retention strategy. Combined, this foundational work enables ATIP Ops to build on successes and better examine key challenges, while simultaneously enhancing the administration of the ATIA, reinforcing the daily operations of the Division, and strengthening the Department’s service to the public.
8.0 Timeframe monitoring at ESDC
Except for certain circumstances that allow for claiming extensions, the ATIA contains a statutory timeline of 30 calendar days (about 20 working days) for responding to requests. Given these timeframes and ESDC’s commitment to respecting both the letter and spirit of the ATIA, the Department established the following steps and responsibilities:
Retrieval of relevant records and formulation of recommendations: Once a request is received, it is tasked to the relevant branches and/or regions (Offices of Primary Interest or OPIs). The OPIs have eight working days to retrieve all responsive records and present them, along with any recommendations, to the Request Processing Unit.
Line-by-line review of the responsive records: The Request Processing Unit has eight working days to do a thorough line-by-line review of the records and to invoke any applicable exemptions and/or exclusions.
Advance release notice: Key stakeholders receive a notification that the release package has been posted electronically on a secure internal site at least four working days prior to the scheduled release date. This mechanism allows for all implicated parties to vet information prior to release.
Ultimately, ESDC’s ATIP Ops has a long-standing history of keeping its colleagues informed throughout the process when responding to ATIA requests. The Department prepares a weekly “look ahead” report that provides an overview of upcoming releases to senior officials and a quarterly report that captures key ATIP processing performance indicators is also shared with senior management. This collaborative approach supports a “no-surprise environment” for stakeholders within ESDC and supports ATIP Ops in administering the legislation appropriately, with minimal delay.
ATIP Ops staff and management are committed to the continued development and implementation of short-term improvements and long-term sustainable strategies in order to manage the workload while strengthening and positioning the Division for the future.
Annex A: Delegation order
Delegation order - Employment and Social Development Canada
The Minister of Employment and Social Development, pursuant to section 11 of the Department of Employment and Social Development Act, hereby designates the persons, officers or employees holding the positions with Employment and Social Development set out in the schedules attached hereto, or the persons, officers or employees occupying on an acting basis those positions, to exercise the powers or perform the duties or functions of the Minister or to exercise or perform the powers, duties or function of the head of the institution, as specified in the attached schedules.
- Access to Information Act
Original signed June 22, 2017 by the Honourable Jean-Yves Duclos, Minister of Employment and Social Development
Access to Information Act and Regulations - Delegation of authority - Employment and Social Development Canada
Description | Section | Delegated authority |
---|---|---|
Responsibility of government institutions | 4(2.1) |
|
Notice where access requested | 7(a) |
|
Giving access to record | 7(b) |
|
Transfer of request to another government inst. | 8(1) |
|
Extension of time limits | 9 |
|
Payment of additional fees | 11(2) |
|
Payment of fees for EDP record | 11(3) |
|
Deposit | 11(4) |
|
Notice of fee payment | 11(5) |
|
Waiver or refund of fees | 11(6) |
|
Language of access | 12(2)(b) |
|
Access to alternate format | 12(3)(b) |
|
Refuse access – Obtained in confidence | 13 |
|
Refuse access – Federal-provincial affairs | 14 |
|
Refuse access – International affairs and defence |
15 |
|
Refuse access – Law enforcement and investigations | 16 |
|
Refuse access – Public Servants Disclosure Protection Act | 16.5 |
|
Refuse access – Safety of individuals | 17 |
|
Refuse access – Economic interests of Canada | 18 |
|
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 |
|
Refuse access – Personal information | 19 |
|
Refuse access – Third party information | 20 |
|
Refuse access – Operations of Government | 21 |
|
Refuse access – Testing procedures, tests, audits | 22 |
|
Refuse access – Audit working papers and draft audit reports | 22.1 |
|
Refuse access – Solicitor-client privilege | 23 |
|
Refuse access – Statutory prohibitions | 24 |
|
Severability | 25 |
|
Information to be published | 26 |
|
Third party notification | 27(1) |
|
Third party notification – Extension of time limit | 27(4) |
|
Third party notification – Notice of decision | 28(1)(b) |
|
Third party notification – Waive representations in writing | 28(2) |
|
Third party notification – Disclosure of record | 28(4) |
|
Where the Information Commissioner recommends disclosure | 29(1) |
|
Advising Information Commissioner of third party involvement | 33 |
|
Right to make representations | 35(2)(b) |
|
Access to be given to complainant | 37(4) |
|
Notice to third party (application to Federal Court) | 43(1) |
|
Notice to applicant (application to Federal Court by third party) | 44(2) |
|
Special rules for hearings | 52(2)(b) |
|
Ex parte representations (Federal Court) | 52(3) |
|
Facilities for inspection of manuals | 71(1) |
|
Annual report to Parliament | 72 |
|
Description | Section | Delegated authority |
---|---|---|
Transfer of request | 6(1) |
|
Search and preparation of fees | 7(2) |
|
Production and programming fees | 7(3) |
|
Providing access to records | 8 |
|
Limitations in respect of format | 8.1 |
|
Annex B: Statistical report on the Access to Information Act
Name of institution: Employment and Social Development Canada
Reporting period: 2016-04-01 to 2017-03-31
Part 1: Requests under the Access to Information Act
Details | Number of requests |
---|---|
Received during reporting period | 2,268 |
Outstanding from previous reporting period | 379 |
Total | 2,647 |
Closed during reporting period | 2,276 |
Carried over to next reporting period | 371 |
Source | Number of requests |
---|---|
Media | 670 |
Academia | 22 |
Business (private sector) | 438 |
Organization | 113 |
Public | 580 |
Decline to identify | 445 |
Total | 2,268 |
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 |
---|---|---|---|---|---|---|---|---|
Number of requests | 205 | 68 | 233 | 116 | 129 | 7 | 0 | 758 |
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
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 | 112 | 317 | 192 | 74 | 13 | 7 | 1 | 716 |
Disclosed in part | 30 | 382 | 214 | 207 | 61 | 94 | 17 | 1,005 |
All exempted | 7 | 2 | 5 | 3 | 3 | 0 | 0 | 20 |
All excluded | 1 | 2 | 3 | 8 | 4 | 3 | 0 | 21 |
No records exist | 20 | 132 | 78 | 8 | 7 | 2 | 0 | 247 |
Request transferred | 26 | 7 | 4 | 0 | 0 | 0 | 0 | 37 |
Request abandoned | 126 | 34 | 18 | 14 | 9 | 16 | 9 | 226 |
Neither confirmed nor denied | 1 | 1 | 2 | 0 | 0 | 0 | 0 | 4 |
Total | 323 | 877 | 516 | 314 | 97 | 122 | 27 | 2,276 |
Section | Number of requests |
---|---|
13(1)(a) | 7 |
13(1)(b) | 0 |
13(1)(c) | 10 |
13(1)(d) | 0 |
13(1)(e) | 0 |
14 | 99 |
14(a) | 14 |
14(b) | 4 |
15(1) | 20 |
15(1) - International affairs | 22 |
15(1) - Defence of Canada | 22 |
15(1) - Subversive activities | 0 |
16(1)(a)(i) | 1 |
16(1)(a)(ii) | 1 |
16(1)(a)(iii) | 0 |
16(1)(b) | 14 |
16(1)(c) | 46 |
16(1)(d) | 0 |
16(2) | 201 |
16(2)(a) | 0 |
16(2)(b) | 0 |
16(2)(c) | 6 |
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 | 5 |
18(a) | 2 |
18(b) | 0 |
18(c) | 0 |
18(d) | 1 |
18.1(1)(a) | 1 |
18.1(1)(b) | 1 |
18.1(1)(c) | 1 |
18.1(1)(d) | 1 |
19(1) | 501 |
20(1)(a) | 3 |
20(1)(b) | 119 |
20(1)(b.1) | 0 |
20(1)(c) | 96 |
20(1)(d) | 11 |
20.1 | 0 |
20.2 | 0 |
20.4 | 0 |
21(1)(a) | 309 |
21(1)(b) | 299 |
21(1)(c) | 40 |
21(1)(d) | 10 |
22 | 13 |
22.1(1) | 13 |
23 | 70 |
24(1) | 186 |
26 | 2 |
Section | Number of requests |
---|---|
68(a) | 0 |
68(b) | 0 |
68(c) | 0 |
68.1 | 0 |
68.2(a) | 0 |
68.2(b) | 0 |
69(1) | 8 |
69(1)(a) | 12 |
69(1)(b) | 10 |
69(1)(c) | 10 |
69(1)(d) | 14 |
69(1)(e) | 33 |
69(1)(f) | 13 |
69(1)(g) re (a) | 30 |
69(1)(g) re (b) | 0 |
69(1)(g) re (c) | 23 |
69(1)(g) re (d) | 2 |
69(1)(g) re (e) | 5 |
69(1)(g) re (f) | 22 |
69.1(1) | 0 |
Disposition | Paper | Electronic | Other formats |
---|---|---|---|
All disclosed | 654 | 59 | 3 |
Disclosed in part | 765 | 226 | 14 |
Total | 1,419 | 285 | 17 |
2.5 Complexity
Disposition of requests | Number of pages processed | Number of pages disclosed | Number of requests |
---|---|---|---|
All disclosed | 241,532 | 240,600 | 716 |
Disclosed in part | 184,052 | 166,000 | 1,005 |
All exempted | 1,154 | 0 | 20 |
All excluded | 536 | 0 | 21 |
Request abandoned | 11,094 | 3,489 | 226 |
Neither confirmed nor denied | 0 | 0 | 4 |
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 | 661 | 6,902 | 40 | 7,029 | 1 | 729 | 10 | 28,182 | 4 | 197,758 |
Disclosed in part | 683 | 17,735 | 246 | 46,447 | 46 | 30,366 | 26 | 44,070 | 4 | 27,382 |
All exempted | 18 | 0 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 |
All excluded | 20 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Request abandoned | 207 | 730 | 14 | 1,749 | 3 | 999 | 2 | 11 | 0 | 0 |
Neither confirmed nor denied | 4 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 1,593 | 25,367 | 302 | 55,225 | 51 | 32,094 | 38 | 72,263 | 8 | 225,140 |
Disposition | Consultation required | Assessment of fees | Legal advice sought | Other | Total |
---|---|---|---|---|---|
All disclosed | 43 | 0 | 0 | 0 | 43 |
Disclosed in part | 227 | 4 | 0 | 0 | 231 |
All exempted | 3 | 0 | 0 | 0 | 3 |
All excluded | 15 | 0 | 0 | 0 | 15 |
Request abandoned | 31 | 0 | 0 | 0 | 31 |
Neither confirmed nor denied | 1 | 0 | 0 | 0 | 1 |
Total | 320 | 4 | 0 | 0 | 324 |
2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline
- Number of requests closed past the statutory deadline = 528
- Principal reason
- Workload = 311
- External consultation = 42
- Internal consultation = 26
- Other = 149
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 | 73 | 19 | 92 |
16 to 30 days | 65 | 21 | 86 |
31 to 60 days | 74 | 32 | 106 |
61 to 120 days | 65 | 45 | 110 |
121 to 180 days | 44 | 28 | 72 |
181 to 365 days | 24 | 26 | 50 |
More than 365 days | 1 | 11 | 12 |
Total | 346 | 182 | 528 |
Translation requests | Accepted | Refused | Total |
---|---|---|---|
English to French | 0 | 0 | 0 |
French to English | 0 | 0 | 0 |
Total | 0 | 0 | 0 |
Part 3: Extensions
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 | 10 | 0 | 46 | 3 |
Disclosed in part | 108 | 33 | 179 | 14 |
All exempted | 0 | 1 | 3 | 2 |
All excluded | 0 | 8 | 6 | 0 |
No records exist | 0 | 1 | 4 | 0 |
Request abandoned | 14 | 6 | 26 | 3 |
Total | 132 | 49 | 264 | 22 |
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 | 60 | 3 | 39 | 3 |
31 to 60 days | 36 | 27 | 135 | 9 |
61 to 120 days | 24 | 19 | 88 | 8 |
121 to 180 days | 5 | 0 | 2 | 1 |
181 to 365 days | 7 | 0 | 0 | 0 |
365 days or more | 0 | 0 | 0 | 1 |
Total | 132 | 49 | 264 | 22 |
Part 4: Fees
Fee type | Fee collected | Fee waived or refunded | ||
---|---|---|---|---|
Number of requests |
Amount | Number of requests |
Amount | |
Application | 1,887 | $9,435 | 387 | $1,935 |
Search | 1 | $65 | 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 | 1 | $10 |
Total | 1,888 | $9,500 | 388 | $1,945 |
Part 5: Consultations received from other 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 | 173 | 7,233 | 12 | 68 |
Outstanding from the previous reporting period | 2 | 385 | 0 | 0 |
Total | 175 | 7,618 | 12 | 68 |
Closed during the reporting period | 159 | 5,096 | 12 | 68 |
Pending at the end of the reporting period | 16 | 2,522 | 0 | 0 |
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 | 25 | 52 | 23 | 2 | 0 | 0 | 0 | 102 |
Disclose in part | 6 | 12 | 18 | 5 | 0 | 0 | 0 | 41 |
Exempt entirely | 0 | 1 | 1 | 0 | 1 | 0 | 0 | 3 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 2 | 2 | 0 | 0 | 0 | 0 | 4 |
Other | 7 | 2 | 0 | 0 | 0 | 0 | 0 | 9 |
Total | 38 | 69 | 44 | 7 | 1 | 0 | 0 | 159 |
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 | 5 | 2 | 0 | 0 | 0 | 0 | 8 |
Disclose in part | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 3 |
Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Other | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
Total | 3 | 6 | 3 | 0 | 0 | 0 | 0 | 12 |
Part 6: Completion time of consultations on cabinet confidences
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 | 13 | 119 | 1 | 236 | 0 | 0 | 0 | 0 | 0 | 0 |
16 to 30 | 26 | 238 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31 to 60 | 26 | 261 | 1 | 107 | 0 | 0 | 0 | 0 | 0 | 0 |
61 to 120 | 4 | 91 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
121 to 180 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
181 to 365 | 1 | 0 | 2 | 214 | 0 | 0 | 0 | 0 | 0 | 0 |
More than 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 70 | 709 | 4 | 557 | 0 | 0 | 0 | 0 | 0 | 0 |
Number of days | Fewer than 100 pages processed | 101‒500 Pages processed | 501-1000 Pages processed |
1001-5000 Pages processed |
More than 5000 pages processed |
|||||
---|---|---|---|---|---|---|---|---|---|---|
Number of requests |
Pages disclosed | Number of requests |
Pages disclosed | Number of requests |
Pages disclosed | Number of requests |
Pages disclosed | Number of requests |
Pages disclosed | |
1 to 15 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
16 to 30 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31 to 60 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
61 to 120 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
121 to 180 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
181 to 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
More than 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Part 7: Complaints and investigations
- Section 32 = 23
- Section 35 = 59
- Section 37 = 37
- Total = 119
Part 8: Court action
- Section 41 = 0
- Section 42 = 0
- Section 44 = 0
- Total = 0
Part 9: Resources related to the Access to Information Act
9.1 Costs
Amount by expenditures
- Salaries = $1,315,471
- Overtime = $16,414
- Goods and Services = $421,510
- Professional services contracts = $414,562
- Other = $6,948
- Total = $1,753,395
Resources | Person years dedicated to access to information activities |
---|---|
Full-time employees | 16.98 |
Part-time and casual employees | 0.68 |
Regional staff | 0.00 |
Consultants and agency personnel | 2.60 |
Students | 0.80 |
Total | 21.06 |
Page details
- Date modified: