Annual Report on the Administration of the Access to Information Act
Employment and Social Development Canada 2020 to 2021
On this page
- Executive Summary
- 1. Introduction
- 2. Organizational Structure
- 3. Delegations
- 4. Policies, Guidelines, Procedures and Initiatives
- 5. Performance Reporting
- Requests and Consultations: Total Volume
- Total Requests Received and Completed
- Requests by Calendar Days taken to Complete
- Timeframes
- Timeframe Monitoring
- Pages Processed and Disclosed
- Source of Requests Under the Access to Information Act
- Exemptions and Exclusions
- Consultations received from other Government of Canada Institutions and Other Organizations
- Reporting on Access to Information fees for the purposes of the Service Fees Act
- Impact of Parliamentary Motions for the Production of Documents
- 6. Complaints, Investigations and Court Actions
- 7. Training and Awareness Activities
- Annex A: Delegation Orders
- Annex B: Statistical Reports
Alternate formats
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Executive summary
Employment and Social Development Canada (ESDC), including the Labour Program and Service Canada, strives to build a stronger and more inclusive Canada, to help Canadians live productive and rewarding lives, and to improve quality of life for all Canadians. Many of the federal government’s largest and most well-known programs and services are provided by the Department in fulfillment of this broad mandate.
As a federal institution, ESDC is subject to the Access to Information Act and the Privacy Act. Both acts require the Department to submit annual reports to Parliament on their administration at the conclusion of every fiscal year. These reports describe ESDC’s major strategic and operational highlights for both access to information and privacy during the reporting period.
The 2020 to 2021 reporting period was dominated by the COVID-19 pandemic, during which ESDC was tasked with delivering major initiatives under the COVID-19 Economic Response Plan. The Department played an important role in ensuring that Canadians received the emergency supports they needed during this unprecedented time, through initiatives like the Canada Emergency Response Benefit, the Employment Insurance Emergency Response Benefit, and the one-time payment to persons with disabilities. The successful implementation of these key initiatives required a comprehensive departmental effort, including the temporary reassignment of some Access to Information and Privacy (ATIP) resources to assist with the Department’s response.
The Department took a balanced approach in this endeavour, allowing for ongoing ATIP operations. While the pandemic had consequences for ESDC’s compliance with the Access to Information Act and the Privacy Act, by the end of this reporting period the Department had returned to regular ATIP operations. In this sense, measures taken were temporary and are not expected to have long-term impacts on the Department’s compliance with the acts.
Modernization and transformation also continued to be important themes in 2020–2021. The pandemic spurred the implementation of digital solutions to the way programs and services are delivered in order to meet the current and evolving needs of Canadians. This was especially relevant with respect to the processes used in addressing access to information and privacy requests received from Canadians, which moved from a predominantly paper-based regime, to an almost exclusively digital response format.
ESDC continued to experience some of the largest volumes of access to information and privacy requests among federal institutions. In the Treasury Board Secretariat’s 2019 to 2020 ranking of Government of Canada institutions, the Department ranked second for the number of privacy requests received and pages processed. During 2020–2021, the total number of requests under both acts decreased from the previous fiscal year as a result of the pandemic. However, the number of requests received remained high and largely consistent with the five-year trend. While there was a reduction in the number of access to information requests closed during the reporting period compared to the previous year, more requests were closed than were received. This is due to “carryover” requests from the 2019 to 2020 fiscal year being completed in the 2020 to 2021 reporting period.
Once the effects of the pandemic wane, ESDC anticipates that the trend of increasing volumes of requests will re-emerge. Ensuring that ESDC’s access to information and privacy request processes are efficient and effective will continue to be important for the Department to respond to requests in a timely manner.
The detailed results in this report provide a clear picture the Department’s ongoing stewardship of the access to information regime despite a challenging year, as well as demonstrate its ongoing commitment to fulfilling the Department’s legal requirements as it relates to the Access to Information Act.
1. Introduction
Presentation of the report
ESDC is pleased to present to Parliament its annual report for the 2020 to 2021 fiscal year. Section 94 of the Access to Information Act requires the head of a federal institution to submit an annual report to Parliament on the administration of the Act.
The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution. Information regarding fees collected under the Access to Information Act, and in accordance with the requirements of Section 20 of the Service Fees Act, is available in Section 5 of this report.
About ESDC
ESDC, which includes the Labour Program and Service Canada, delivers many federal programs and services. Given the broad scope of its mandate, it is among the largest and most decentralized federal institutions in the Government of Canada. Each day, ESDC interacts with thousands of Canadians by delivering services and programs that play important roles in their lives. Canadians expect high-quality, easy-to-access, and secure services that are responsive to their needs, whether they are interacting online, through call centres, or in person.
ESDC’s programs and services affect Canadians throughout the course of their lives. For example, the Department assists parents who are raising young children, helps students finance their post-secondary education, and provides income support to unemployed and pension income to seniors. ESDC delivers many of the Government of Canada’s flagship programs, such as the Canada Student Financial Assistance Program, EI, Old Age Security (OAS), and the Canada Pension Plan (CPP). Overall, the Department is responsible for delivering over $135.2 billion in benefits directly to individuals and organizations, which represent 6.15% of Canada’s Gross Domestic Product.
In addition, during this reporting period, ESDC stood at the forefront of Canada’s efforts to mitigate the social and economic impacts of the COVID-19 pandemic. This included work to deliver the Canada Emergency Response Benefit and targeted support for students and seniors among others.
The Labour Program contributes to social and economic well-being by fostering safe, healthy, fair and inclusive work environments, and cooperative workplace relations in workplaces falling under federal jurisdiction. The Labour Program also supplies labour relations mediation services, enforces minimum working conditions, promotes decent work and fosters respect for international labour standards. As with other parts of the Department, the Labour Program responded with agility and flexibility to the pandemic.
The Department’s service delivery arm, Service Canada, provides Canadians with a single point of access to ESDC programs and benefits, as well as to other Government of Canada programs and services. Although the COVID-19 pandemic had a direct impact on Service Canada’s ability to provide in-person services, the needs of Canadians continued to be served online at Canada.ca, through the My Service Canada Account, and by telephone through “1 800 O-Canada” and its network of call centres.
About the Access to Information Act
The Access to Information Act provides Canadian citizens, permanent residents, and any individual or corporation present in Canada a right to access records of government institutions that are subject to the ActFootnote 1. This right is subject to limited and specific exemptions and exclusions, and in accordance with the principle that government information should be available to the public. The Government of Canada brought forth new legislative requirements under the Act in 2019, mandating departments to, among other things, proactively publish frequently requested information in an effort to further increase transparency and openness.
2. Organizational structure
Corporate Secretary and Chief Privacy Officer
ESDC’s Corporate Secretariat Branch is responsible for the Department’s access to information and privacy operations, issuing and managing privacy management policy, the provision of privacy advice and guidance, and privacy operations in the National Capital Region. These functions are carried out by ESDC’s ATIP Operations and the Privacy Management Division (PMD).
The Branch is led by the Corporate Secretary who is ESDC’s designated Chief Privacy Officer, the Department’s functional authority on all privacy matters and for the implementation of the privacy management framework. The Chief Privacy Officer’s responsibilities include providing strategic privacy advice and recommendations, maintaining ESDC’s privacy management program, and monitoring compliance to the relevant statutory obligations, policies and standards for privacy. In addition to this report, the Corporate Secretariat Branch reports separately on the administration of the Privacy Act.
Access to Information and Privacy Operations Division
ATIP Operations carries out the Department’s legislated requirements under the Access to Information Act and the Privacy Act. It leads and advises on the processing of all ESDC requests under the Access to Information Act, performs line-by-line reviews of records requested under the Access to Information Act and the Privacy Act, and delivers training and awareness sessions to departmental employees on the administration of the acts. The director of ATIP Operations is ESDC’s designated ATIP coordinator. Approximately 26 ATIP Operations employees were dedicated to processing requests during the 2020 to 2021 fiscal year.
The day-to-day administration of the Access to Information Act is a collaborative endeavour between ATIP Operations and the Department’s network of branch liaison officers, who support this work by undertaking searches, collecting records and making recommendations. The liaison officers play an intermediary role between ATIP analysts and subject matter experts located across ESDC. The regions also play an important role in processing the majority of privacy requests received by the Department. Finally, the Division continues to provide departmental leadership on the 2019 amendments to the Access to Information Act and the Privacy Act.
In addition to processing requests under the Access to Information Act, ATIP Operations also contributed to other departmental activities. For instance, ATIP Operations staff frequently reviewed departmental material for proactive disclosure (for example, contracts, position reclassification, travel and hospitality expenses), informal requests (for example, audits and administrative investigations) and Open Government publications (for example, datasets) to identify sensitivities, such as personal information and cabinet confidences. While these activities are not accounted for within this report’s statistical information, such activities are an important and growing part of strengthening transparency and accountability.
Privacy Management Division
PMD is the departmental focal point for privacy advice. The Division leads the horizontal implementation of departmental privacy policies and initiatives, conducts risk analysis, including privacy impact assessments, and delivers privacy compliance support for ESDC’s programs and services. PMD also administers legal requests for documents, deals with public interest disclosures and plays a key role in the management and prevention of privacy breaches via privacy training and awareness activities. As of March 31, 2021, PMD had a complement of 31 full-time employees.
Service Agreement with the Canadian Accessibility Standards Development Organization
During the reporting period, ESDC entered into a memorandum of understanding (MoU) for the provision of access to information and privacy services with the Canadian Accessibility Standards Development Organization, an independent departmental corporation within the Employment and Social Development portfolio. This organization was established under the Accessible Canada Act and is mandated to contribute to the realization of a Canada without barriers, on or before January 1, 2040.
Under the MoU, ESDC provides Access to Information Act and Privacy Act request processing services, annual reporting advice and statistics, liaison, and training. ESDC also furnishes analysis and advice on privacy matters, including privacy impact assessments, information-sharing arrangements, disclosures, contracting, legislative and policy compliance and the management of security incidents.
COVID-19 operational impact
Due to the nature of the COVID-19 global pandemic, departmental employees were called upon to provide essential support to Canadians. ATIP personnel were part of those deployed to assist and steps were taken to inform requestors of possible delays in processing, including by email and through ESDC’s website. To facilitate the transition, ESDC temporarily suspended the internal assignment of ATIP requests from March 16 to April 27, 2020. This measure was taken to ensure resources were not diverted from essential services. During this period, the department continued to process pre-existing ATIP requests. ESDC resumed processing new requests on Monday, April 27, 2020, including logging and tracking new requests, tasking program areas for retrieval of responsive records, conducting follow-ups and providing response packages.
In addition, the Department’s ATIP officials began to work remotely in March 2020. Transitioning to new electronic processes posed several challenges for ATIP Operations, which was further compounded by the need to catch up on a backlog of approximately 80 requests that had been placed in abeyance while the remote processes were established. Following the successful resumption of ATIP request processing, the department resumed with Proactive Publication requirements.
Under these exceptional circumstances, ESDC continued to adhere to the Access to Information Act while offering a range of emergency benefits and services to Canadians at a critical time. Recent monthly compliance rates show a return to pre- pandemic levels of performance.
3. Delegations
Section 73 of the Access to Information Act empowers the head of an institution to delegate any of the powers, duties or functions assigned by these acts to employees of that institution.
The Minister of Employment, Workforce Development and Disability Inclusion is responsible for the purposes of the Access to Information Act, and the Department’s enabling legislation—the Department of Employment and Social Development Act.
The approved delegation orders are reproduced in Annex A.
4. Policies, guidelines, procedures and initiatives
Access to Information activities and initiatives
Throughout the reporting period, ESDC continued its ATIP modernization initiative by implementing digital solutions, including the e-post solution and digital signatures, as the Department moved to a largely paperless and remote office environment. This work has been given increased priority as a result of the global pandemic and the Department is now processing the vast majority of requests in a digital environment.
5. Performance reporting
The following section provides key statistics and analysis on ESDC accomplishments in the previous four fiscal years and how the Department contributed to the Government’s agenda in terms of access to information. Figures 3 through 5 display a four-year comparison to highlight Access to Information Act performance trends. Detailed statistical reports for the Act are found in Annex C. There were substantial decreases in the number of requests received during the COVID-19 pandemic, as well as delays in meeting legislated response times. ATIP Operations had returned to full capacity by the end of the reporting period, and the impact of the pandemic on performance is expected to have been a temporary outcome of an emergent situation.
Requests and consultations: total volume
During the 2020 to 2021 fiscal year, ESDC experienced a decrease (15%) in access to information requests, from 1,396 requests in the 2019 to 2020 fiscal year to 1,177 in the 2020 to 2021 reporting period. Access to information consultation requests decreased from 335 to 137 (59%) during the same reporting period.
Figure 1: Access to Information Act Requests – Total volume received
-
Text description for Figure 1: Access to Information Act Requests – Total volume received
Year Number of requests 2017 to 2018 1942 2018 to 2019 1409 2019 to 2020 1396 2020 to 2021 1177
Figure 2: Access to Information Act consultation requests – Total volume received
-
Text description for Figure 2: Access to Information Act consultation requests: Total volume received
Year Number of requests 2017 to 2018 220 2018 to 2019 222 2019 to 2020 335 2020 to 2021 137
| Activity | 2017 to 2018 | 2018 to 2019 | 2019 to 2020 | 2020 to 2021 |
|---|---|---|---|---|
| Formal requests received under the Access to Information Act | 1,942 | 1,409 | 1,396 | 1,177 |
| Requests completed during the reporting periodFootnote 2 | 1,899 | 1,509 | 1,302 | 1,234 |
| Number of pages processed | 970,992* | 118,818 | 133,982 | 92,080 |
| Number of requests completed within legislated timeframes (including extensions) | 1,567 | 1,305 | 1,094 | 772 |
| Number of requests completed beyond legislated timeframes | 332 | 204 | 208 | 462 |
| Proportion of requests that were responded to within legislated timeframes | 83% | 87% | 84% | 63% |
| Complaints to the Information Commissioner | 40 | 35 | 52 | 19 |
* Table note: Includes exceptionally large requests containing a very high number of fully released pages
Total requests received and completed
Access to Information Act
During the 2020 to 2021 fiscal year, ESDC received 1,177 requests under the Access to Information Act, a 15% decrease from the previous fiscal year, when the Department received 1,396 requests. This continues a trend in recent years where ESDC has observed a decrease in the number of requests received. This decrease can be explained, in part, by the establishment of business processes that seek to “convert,” with the consent of the client, erroneously submitted Access to Information Act requests into more accurate Privacy Act access requests. The effects of the COVID-19 pandemic may also have contributed to this decrease.
While there was a reduction in the number of requests closed during the reporting period compared to the previous year, more requests were closed than were received. This is due to “carryover” requests from the 2019 to 2020 fiscal year being completed in the 2020 to 2021 reporting period.
Figure 4: Requests received and completed, Access to Information Act
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Text description for Figure 4: Requests received and completed, Access to Information Act
Year Received Completed 2017 to 2018 1,942 1,899 2018 to 2019 1,409 1,509 2019 to 2020 1,396 1,302 2020 to 2021 1,177 1,234
Requests by calendar days taken to complete
Access to Information Act
ESDC processed 46% (569) of all requests (1,234) completed under the Access to Information Act within the first 30 days of receipt, down from the previous year when ESDC processed 52% within the first 30 days. The decrease is directly attributed to the effects of the COVID-19 pandemic.
Figure 5: Access to Information Act requests by calendar days taken to complete
-
Text description for Figure 5: Access to Information Act requests by calender days taken to complete
Year 30 Calendar Days 31-60 Calendar Days 61 or more Calendar Days 2017 to 2018 1,081 (57%) 371 (20%) 447 (23%) 2018 to 2019 866 (58%) 232 (15%) 411 (27%) 2019 to 2020 673 (52%) 240 (16%) 389 (30%) 2020 to 2021 569 (46%) 152 (12%) 513 (42%)
Timeframes
Access to Information Act
The Department met legislated timelines for 772 requests, with a compliance rate of 63%. This represents a significant decrease compared to previous years.
ESDC was unable to meet legislated timelines for 462 requests during the fiscal year, a significant increase compared to previous years. Institutions may apply for an extension beyond the original 30-day statutory timeframe in cases where meeting the statutory date is not feasible due to the volume of pages to be processed, where consultation is required that could not reasonably be conducted within the initial 30 days, or where notice is given to a third party. During the 2020 to 2021 fiscal year, ESDC requested 229 extensions. Requesters were notified of delays.
Figure 6: Number of requests processed within and beyond legislated timeframes, Access to Information Act
-
Text description for Figure 6: Number of requests processed within and beyond legislated timeframes, Access to Information Act
Year Within Beyond 2017 to 2018 83% 17% 2018 to 2019 87% 13% 2019 to 2020 84% 16% 2020 to 2021 63% 37%
Timeframe monitoring
Access to Information Act
Except in certain circumstances, which allow for extensions, the Access to Information Act contains a statutory timeline of 30 calendar days (about 20 working days) to provide responses to requests. Given the legislated timeframes and ESDC’s commitment to respecting both the letter and spirit of the Access to Information Act, the Department continues to follow an established process and defined responsibilities as outlined in Figure 7.
| Roles and Responsibilities | Description |
|---|---|
| Retrieval of Relevant Records and Formulation of Recommendations | Once a request is received, it is tasked to the relevant branches and/or regions, the Offices of Primary Interest. The Offices of Primary Interest have eight working days to retrieve all responsive records and present them, along with any recommendations, to ATIP Operations. |
| Line-by-line Review of the Responsive Records | ATIP Operations has eight working days to complete 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 website at least four working days prior to the scheduled release date. This mechanism allows all implicated parties to provide final comments prior to release. |
In support of timeframe monitoring, ATIP Operations provides a weekly report to senior management and at the ministerial level. These reports continue to position branches and regions to monitor access to information requests.
Pages processed and disclosed
Access to Information Act
During the reporting period, the Department experienced a 31% decrease in the total number of pages of documents processed and a 24% decrease in the number of pages disclosed for requests under the Access to Information Act (please refer to Figure 8).
Figure 8: Number of pages processed and number of pages disclosed, Access to Information Act
Of the 970,000 pages processed in 2017–2018, 774,731 pages were released in response to one request involving datasets.
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Text description for Figure 8: Number of pages processed and number of pages disclosed, Access to Information Act
Year Processed Disclosed 2017 to 2018 970,992 943,669 2018 to 2019 118,818 94,115 2019 to 2020 133,982 91,228 2020 to 2021 92,080 69.052
Source of requests under the Access to Information Act
During the 2020 to 2021 fiscal year, the most common source of requests under the Access to Information Act was from media (335), closely followed by the general public (321) and business/private sector (264). The trend continued from previous fiscal years, where media was the main source of requesters, despite a decrease from the preceding year. Lists of briefing notes and briefing-note documentation were the most common type of departmental material requested.
| Source | 2017 to 2018 | 2018 to 2019 | 2019 to 2020 | 2020 to 2021 |
|---|---|---|---|---|
| Media | 649 (33%) | 429 (30%) | 584 (42%) | 335 (29%) |
| Academia | 39 (2%) | 26 (2%) | 28 (2%) | 46 (4%) |
| Business/Private Sector | 357 (18%) | 332 (24%) | 315 (22%) | 264 (22%) |
| Organization | 124 (6%) | 140 (10%) | 50 (4%) | 62 (5%) |
| Public | 611 (31%) | 350 (25%) | 374 (27%) | 321 (27%) |
| Decline to Identify | 162 (8%) | 132 (9%) | 45 (3%) | 149 (13%) |
Exemptions and exclusions
ESDC is one of the largest holders of personal information in the Government of Canada, which affects the frequency in which exemptions and exclusions are applied under the Access to Information Act.
Access to Information Act
Exemptions
The Access to Information Act allows, and in some instances requires, that information relating to the internal decision-making processes of government, national security, law enforcement or trade secrets be exempted and not released.
The following table (Figure 10) outlines the most frequently invoked exemptions during the past four fiscal years. Due to the nature of ESDC’s mandate, most of the information under the Department’s control contains personal information about individuals and must be withheld under the mandatory exemptions set out in Section 19 (Personal Information) unless certain conditions are met. Section 21 (Advice) was another frequently applied exemption for the 2020 to 2021 fiscal year and continued to represent an important percentage of the total.
| Section | 2017 to 2018 | 2018 to 2019 | 2019 to 2020 | 2020 to 2021 |
|---|---|---|---|---|
| s. 19 - Personal information | 385 (27%) | 306 (25%) | 249 (23%) | 180 (21%) |
| s. 16 - Law enforcement and investigations | 149 (10%) | 160 (13%) | 127 (12%) | 89 (10%) |
| s. 20 - Third party information | 152 (11%) | 164 (13%) | 180 (17%) | 119 (14%) |
| s. 21 - Advice and recommendations | 362 (25%) | 304 (25%) | 300 (28%) | 266 (31%) |
| s. 24 - Statutory prohibitions against disclosure | 149 (10%) | 84 (7%) | 75 (7%) | 49 (6%) |
* Figures are rounded for readability purposes
Exclusions
The Access to Information Act does not apply to information that is already publicly available, such as government publications (Section 68), and confidences of the Queen’s Privy Council for Canada (Section 69), which require consultation with the Department of Justice. During the 2020 to 2021 fiscal year, ESDC excluded records based on Section 69 for 114 requests.
Consultations received from other Government of Canada institutions and other organizations
Access to Information Act
During the 2019 to 2020 fiscal year, ESDC received 137 (7,230 pages) external consultation requests, which originated from other Government of Canada institutions and organizations. This represents a significant decrease in the number of consultation requests compared to the previous fiscal year (309), as well as a significant reduction in the number of pages reviewed compared to the 2019 to 2020 fiscal year (10,823).
The Department closed 155 requestsFootnote 3 for consultations of which 24 were completed within 30 days. Three quarters of those completed (219) resulted in a recommendation to disclose the records in their entirety and 57 (20%) recommended to disclose in part.
Figure 11: Consultation Requests Received from Other Government of Canada Institutions and Other Organizations – Access to Information Act
| Types of consultation | 2017 to 2018 | 2018 to 2019 | 2019 to 2020 | 2020 to 2021 |
|---|---|---|---|---|
| Consultations requests received under the Access to Information Act | 220 | 222 | 309 | 137 |
| Pages reviewed under the Access to Information Act | 7,908 | 15,564 | 10,823 | 7,230 |
| Access to Information Act Requests for Consultations Closed | 210 | 223 | 291 | 155 |
| Access to Information Act Requests for Consultations Closed within 30 days | 124 | 141 | 170 | 24 |
Reporting on Access to Information fees for the purposes of the Service Fees Act
In 2017, the Government of Canada introduced the Service Fees Act, which replaced the User Fees Act. All government departments and agencies that charge fees for services are subject to this legislation, including ESDC.
The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution. Consistent with Treasury Board policy, fees charged pursuant to the Access to Information Act are to be reported in the Access to Information Annual Report. Consequently, ESDC is reporting these fees in this consolidated report.
With respect to fees collected under the Access to Information Act, the information is reported in accordance with the requirements of Section 20 of the Service Fees Act.
General fees information
Figure 12 provides information on the fees for processing requests filed under the Access to Information Act.
| Category | Details |
|---|---|
| Fee-setting authority | Access to Information Act |
| Fee Amount | $5 |
| Service standard | Response provided within 30 days following receipt of a request; the response time may be extended pursuant to Section 9 of the Access to Information Act. Notice of extension is to be sent within 30 days after receipt of the request. |
| Performance results |
|
| Other information | In accordance with the Interim Directive on the Administration of the Access to Information Act, issued on May 5, 2016, and the changes to the Access to Information Act that came into force on June 21, 2019, ESDC waives all fees prescribed by the Act and Regulations, other than the $5 application fee set out in paragraph 7(1)(a) of the Regulations. |
Figure 13 is a summary of the financial information for all Access to Information Act fees under the Department’s authority.
| 2019 to 2020 Revenue | 2020 to 2021 Revenue | 2020 to 2021 Total Cost of Operating the ProgramFootnote 5 | 2020 to 2021 RemissionsFootnote 6 |
|---|---|---|---|
| $ 4,400.00 | $ 4,660.00 | $2,148,171.00 | $ 1,225.00 |
Impact of parliamentary motions for the production of documents
During the 2020 to 2021 fiscal year, the Department received a number of parliamentary motions for the production of documents (for example, Standing Committee on Finance and Standing Committee on Government Operations and Estimates), which resulted in an unprecedented and noteworthy increase in workload for ATIP Operations. These parliamentary motions required the dedication of significant resources on a full-time basis and have impacted the Department’s ability to process ATIP requests in a timely manner. Over 52,000 pages of documents in both official languages were reviewed.
6. Complaints, Investigations and Court Actions
Access to Information Act
Individuals are entitled under the Access to Information Act to file a complaint related to their request for a record with the Office of the Information Commissioner (OIC).
The Department was notified by the OIC of 18 access complaints and carried over 21 complaints from the previous fiscal year. The OIC closed 13 complaints and found 10 to be well founded. There were no court actions during the reporting period. Please refer to Figure 14 for more information about the complaints.
| Detail | Access to Information Act |
|---|---|
| Complaints | |
| Total complaints received | 18 |
|
5 |
|
2 |
|
11 |
|
1 |
|
NA |
|
NA |
| Investigations | |
| Total findings received | 13 |
|
10 |
|
2 |
|
0 |
|
1 |
| Court Actions | |
| Number of court actions | 0 |
Note: The total number of notifications of complaints received and the total number of investigations with findings received will not necessarily be the same in a given fiscal year. Investigations could relate to complaints that were received by the Office of the Privacy Commissioner in a fiscal year prior the 2020 to 2021 reporting period.
7. Training and awareness activities
Privacy and Access to Information training
ESDC has a comprehensive mandatory training program to increase knowledge and awareness of the stewardship of information. All employees are required to maintain valid certification in the Stewardship of Information and Workplace Behaviours (SIWB), which addresses privacy, the handling of personal information, access to information, information management, security and values and ethics. Delivered online, SIWB certification is valid for two years.
ESDC has been updating the content of the SIWB certification course; as such, the course was temporarily removed from the Department’s Essential Training Curriculum. SIWB was made available to learners on May 2020 as a stand-alone course for all ESDC employees. A total of 7,821 employees completed SIWB during 2020–2021. ESDC will reintegrate the course into the Essential Training Curriculum early in the new fiscal year.
New employees are obligated to complete online privacy-related training when joining the Department. During the reporting period, the training course “Doing Things Right and Doing the Right Thing: Putting the Department Code of Conduct into Action” was completed by 10,118 new employees. “Access to Information and Privacy (ATIP): It’s Everybody’s Business” was completed by 10,024 employees.
In addition to online training and certification, ESDC undertook a number of in-person and online privacy training sessions and activities. Many of the activities and events that ESDC typically holds during a fiscal year were cancelled as the Department focussed on delivering urgent COVID-19 measures and transforming into an online workforce. ESDC resumed “in-person” training during the second half of 2020–2021 with five “in-person” sessions that were held virtually and were attended by 162 employees.
Annex A: Delegation orders
Access to Information Act and regulations: Delegation of authority Department of Employment and Social Development
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.
Original signed March 12, 2020 by the Honourable Carla Qualtrough, Minister of Employment and Social Development
Department of Employment and Social Development
| Description | Section | Delegated authority |
|---|---|---|
| Responsibility of government institutions | 4(2.1) |
|
| Reasons for declining to act on request | 6.1(1) |
|
| Notice – suspension | 6.1(1.3) |
|
| Notice – end of suspension | 6.1(1.4) |
|
| Notice (written notice for declining to act on a request) | 6.1(2) |
|
| Notice where access requested/Giving access to record | 7 |
|
| Transfer of request to another government institution | 8(1) |
|
| Extension of time limits | 9 |
|
| Notice where access refused | 10 |
|
| Application fee waiver | 11(2) |
|
| Language of access | 12(2) |
|
| Access to alternate format | 12(3) |
|
| 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) |
|
| Third-party notification – Waive representations in writing | 28(2) |
|
| Third-party notification – Disclosure of record | 28(4) |
|
| Advising Information Commissioner of third-party involvement | 33 |
|
| Right to make representations | 35(2) |
|
| Access given to complainant | 37(4) |
|
| Review by Federal Court – government institution | 41(2) |
|
| Review by Federal Court – government institution-Respondents | 41(5) |
|
| Notice to third party (application to Federal Court) | 43(1) |
|
| Service or notice | 43(2) |
|
| Notice to person who requested record | 44(2) |
|
| Special rules for hearings | 52(2) |
|
| Ex parte representations (Federal Court) | 52(3) |
|
| Description | Section | Delegated authority |
| Transfer of request | 6(1) |
|
| Search and preparation of fees | 7(2) |
|
| Production and programming | 7(3) |
|
| Providing access to records | 8 |
|
| Limitations in respect of format | 8.1 |
|
Annex B: Statistical reports
Statistical report on the Access to Information Act
Name of institution: Employment and Social Development Canada
Reporting period: 2020-04-01 to 2021-03-31
Section 1: Requests under the Access to Information Act
Part 1: Requests under the Access to Information Act
| Detail | Number of requests |
|---|---|
| Received during reporting period | 1177 |
| Outstanding from previous reporting period | 411 |
| Total | 1588 |
| Closed during reporting period | 1234 |
| Carried over to next reporting period | 354 |
| Source | Number of requests |
|---|---|
| Media | 335 |
| Academia | 46 |
| Business/Private Sector | 264 |
| Organization | 62 |
| Public | 321 |
| Decline to Identify | 149 |
| Total | 1177 |
| 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 | 10 | 7 | 7 | 35 | 3 | 0 | 2 | 64 |
Part 2: Decline to act on vexatious, made in bad faith or abuse of right requests
2.1 Decline to act on vexatious, made in bad faith or abuse of right requests
| Detail | Number of requests |
|---|---|
| Outstanding from previous reporting period | 0 |
| Sent during reporting period | 0 |
| Total | 0 |
| Approved by the Information Commissioner during reporting period | 0 |
| Declined by the Information Commissioner during reporting period | 0 |
| Carried over to next reporting period | 0 |
Part 3: Requests Closed During the Reporting Period
| Disposition of requests | Completion time : 1 to 15 Days | Completion time : 16 to 30 Days | Completion time : 31 to 60 Days | Completion time : 61 to 120 Days | Completion time : 121 to 180 Days | Completion time : 181 to 365 Days | Completion time : More Than 365 Days | Completion time : Total |
|---|---|---|---|---|---|---|---|---|
| All disclosed | 20 | 90 | 61 | 56 | 20 | 22 | 2 | 271 |
| Disclosed in part | 8 | 39 | 44 | 87 | 80 | 100 | 55 | 413 |
| All exempted | 0 | 1 | 3 | 0 | 0 | 0 | 0 | 4 |
| All excluded | 1 | 0 | 2 | 3 | 2 | 1 | 0 | 9 |
| No records exist | 103 | 39 | 28 | 13 | 3 | 4 | 0 | 190 |
| Request transferred | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 245 | 17 | 14 | 41 | 3 | 2 | 19 | 341 |
| Neither confirmed nor denied | 6 | 0 | 0 | 0 | 0 | 0 | 0 | 6 |
| Decline to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 383 | 186 | 152 | 200 | 108 | 129 | 76 | 1234 |
| Section | Number of requests |
|---|---|
| 13(1)(a) | 2 |
| 13(1)(b) | 1 |
| 13(1)(c) | 14 |
| 13(1)(d) | 0 |
| 13(1)(e) | 0 |
| 14 | 54 |
| 14(a) | 3 |
| 14(b) | 1 |
| 15(1) | 11 |
| 15(1) - I.A.* | 11 |
| 15(1) - Def.* | 11 |
| 15(1) - S.A.* | 0 |
| 16(1)(a)(i) | 0 |
| 16(1)(a)(ii) | 0 |
| 16(1)(a)(iii) | 0 |
| 16(1)(b) | 6 |
| 16(1)(c) | 6 |
| 16(1)(d) | 0 |
| 16(2) | 73 |
| 16(2)(a) | 1 |
| 16(2)(b) | 0 |
| 16(2)(c) | 3 |
| 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 | 0 |
| 16.6 | 0 |
| 17 | 1 |
| 18(a) | 1 |
| 18(b) | 2 |
| 18(c) | 0 |
| 18(d) | 1 |
| 18.1(1)(a) | 0 |
| 18.1(1)(b) | 0 |
| 18.1(1)(c) | 0 |
| 18.1(1)(d) | 0 |
| 19(1) | 180 |
| 20(1)(a) | 1 |
| 20(1)(b) | 60 |
| 20(1)(b.1) | 1 |
| 20(1)(c) | 47 |
| 20(1)(d) | 10 |
| 20.1 | 0 |
| 20.2 | 0 |
| 20.4 | 0 |
| 21(1)(a) | 114 |
| 21(1)(b) | 139 |
| 21(1)(c) | 9 |
| 21(1)(d) | 4 |
| 22 | 1 |
| 22.1(1) | 1 |
| 23 | 27 |
| 23.1 | 0 |
| 24(1) | 49 |
| 26 | 26 |
* I.A.: International Affairs; Def.: Defence of Canada; S.A.: Subversive Activities
| 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) | 0 |
| 69(1)(a) | 1 |
| 69(1)(b) | 0 |
| 69(1)(c) | 0 |
| 69(1)(d) | 4 |
| 69(1)(e) | 2 |
| 69(1)(f) | 2 |
| 69(1)(g) re (a) | 40 |
| 69(1)(g) re (b) | 0 |
| 69(1)(g) re (c) | 20 |
| 69(1)(g) re (d) | 3 |
| 69(1)(g) re (e) | 7 |
| 69(1)(g) re (f) | 35 |
| Paper | Electronic | Other |
|---|---|---|
| 67 | 617 | 0 |
3.5 Complexity
| Number of Pages Processed | Number of Pages Disclosed | Number of Requests |
|---|---|---|
| 92080 | 69052 | 1154 |
| 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 | 254 | 3659 | 16 | 3266 | 0 | 0 | 1 | 1991 | 0 | 0 |
| Disclosed in part | 309 | 7830 | 83 | 14108 | 8 | 3440 | 10 | 13437 | 3 | 14596 |
| All exempted | 4 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 8 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 323 | 175 | 10 | 1434 | 3 | 1093 | 5 | 4023 | 0 | 0 |
| Neither confirmed nor denied | 6 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 904 | 11664 | 109 | 18808 | 12 | 4533 | 16 | 19451 | 3 | 14596 |
| Disposition | Consultation Required | Assessment of Fees | Legal Advice Sought | Other | Total |
|---|---|---|---|---|---|
| All disclosed | 49 | 0 | 0 | 0 | 49 |
| Disclosed in part | 178 | 0 | 1 | 0 | 179 |
| All exempted | 0 | 0 | 0 | 0 | 0 |
| All excluded | 7 | 0 | 0 | 0 | 7 |
| Request abandoned | 0 | 0 | 0 | 0 | 0 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 |
| Total | 248 | 0 | 1 | 0 | 249 |
3.6 Closed requests
| Detail | Requests closed within legislated timelines |
|---|---|
| Number of requests closed within legislated timelines | 772 |
| Percentage of requests closed within legislated timelines (%) | 62.6 |
3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
- Number of requests closed past the legislated timelines = 462
- Principal reason
- Interference with Operations / Workload = 134
- External consultation = 3
- Internal consultation = 3
- Other = 322
| 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 | 28 | 25 | 53 |
| 16 to 30 days | 29 | 21 | 50 |
| 31 to 60 days | 50 | 42 | 92 |
| 61 to 120 days | 68 | 42 | 110 |
| 121 to 180 days | 22 | 18 | 40 |
| 181 to 365 days | 27 | 45 | 72 |
| More than 365 days | 9 | 36 | 45 |
| Total | 233 | 229 | 462 |
| Translation Requests | Accepted | Refused | Total |
|---|---|---|---|
| English to French | 0 | 0 | 0 |
| French to English | 0 | 0 | 0 |
| Total | 0 | 0 | 0 |
Part 4: Extensions
| Disposition of Requests Where an Extension Was Taken | 9(1)(a) Interference With Operations |
9(1)(b) Consultation : Section 69 | 9(1)(b) Consultation : Other | 9(1)(c) Third-Party Notice |
|---|---|---|---|---|
| All disclosed | 25 | 0 | 48 | 6 |
| Disclosed in part | 57 | 4 | 205 | 28 |
| All exempted | 1 | 0 | 1 | 0 |
| All excluded | 0 | 0 | 7 | 0 |
| No records exist | 2 | 0 | 1 | 2 |
| Request abandoned | 45 | 0 | 37 | 36 |
| Total | 130 | 4 | 299 | 72 |
| 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 | 98 | 2 | 42 | 0 |
| 31 to 60 days | 19 | 1 | 13 | 67 |
| 61 to 120 days | 9 | 1 | 169 | 5 |
| 121 to 180 days | 1 | 0 | 46 | 0 |
| 181 to 365 days | 3 | 0 | 29 | 0 |
| 365 days or more | 0 | 0 | 0 | 0 |
| Total | 130 | 4 | 299 | 72 |
Part 5: Fees
| Fee Type | Fee Collected | Fee Waived or Refunded | ||
|---|---|---|---|---|
| Number of Requests |
Amount | Number of Requests |
Amount | |
| Application | 932 | $4,660 | 245 | $1,225 |
| Other fees | 0 | $0 | 0 | $0 |
| Total | 932 | $4,660 | 245 | $1,225 |
Part 6: 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 | 130 | 5350 | 7 | 364 |
| Outstanding from the previous reporting period | 43 | 3045 | 1 | 171 |
| Total | 173 | 8395 | 8 | 535 |
| Closed during the reporting period | 147 | 6695 | 8 | 535 |
| Carried over to next reporting period | 26 | 1700 | 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 | 5 | 10 | 36 | 37 | 10 | 4 | 0 | 102 |
| Disclose in part | 0 | 4 | 7 | 12 | 7 | 3 | 1 | 34 |
| Exempt entirely | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 |
| Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Consult other institution | 0 | 0 | 1 | 2 | 0 | 0 | 0 | 3 |
| Other | 3 | 0 | 2 | 1 | 0 | 1 | 0 | 7 |
| Total | 8 | 15 | 46 | 52 | 17 | 8 | 1 | 147 |
| 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 | 1 | 0 | 0 | 0 | 0 | 2 |
| Disclose in part | 0 | 0 | 2 | 2 | 1 | 0 | 0 | 5 |
| 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 | 1 | 0 | 0 | 1 |
| Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 1 | 0 | 3 | 2 | 2 | 0 | 0 | 8 |
Part 7: 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 | 6 | 165 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 16 to 30 | 21 | 288 | 2 | 296 | 0 | 0 | 0 | 0 | 0 | 0 |
| 31 to 60 | 18 | 445 | 2 | 454 | 0 | 0 | 0 | 0 | 0 | 0 |
| 61 to 120 | 15 | 343 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 121 to 180 | 1 | 13 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 181 to 365 | 0 | 0 | 1 | 122 | 0 | 0 | 0 | 0 | 0 | 0 |
| More than 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 61 | 1254 | 6 | 872 | 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 | 1 | 94 | 1 | 453 | 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 | 1 | 142 | 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 | 1 | 94 | 2 | 595 | 0 | 0 | 0 | 0 | 0 | 0 |
Part 8: Complaints and investigations
| Section 32 Notice of intention to investigate | Subsection 30(5) Ceased to investigate | Section 35 Formal representations | Section 37 Reports of finding received | Section 37 Reports of finding containing recommendations issued by the Information Commissioner | Section 37 Reports of finding containing orders issued by the Information Commissioner |
|---|---|---|---|---|---|
| 19 | 0 | 41 | 13 | 0 | 0 |
Part 9: Court action
| Section 41 (before June 21, 2019) | Section 42 | Section 44 |
|---|---|---|
| 0 | 0 | 0 |
| Section 41 (after June 21, 2019) | ||||
|---|---|---|---|---|
| Complainant (1) | Institution (2) | Third Party (3) | Privacy Commissioner (4) | Total |
| 0 | 0 | 0 | 3 | 3 |
Part 10: Resources related to the Access to Information Act
| Expenditures | Amount |
|---|---|
| Salaries | $1,798,411 |
| Overtime | $79,363 |
| Goods and Services, subtotal | $270,397 |
| Goods and Services, Professional services contracts | $260,871 |
| Goods and Services, Other | $9,526 |
| Total | $2,148,171 |
| Resources | Person years dedicated to Access to Information activities |
|---|---|
| Full-time employees | 22.680 |
| Part-time and casual employees | 0.000 |
| Regional staff | 0.000 |
| Consultants and agency personnel | 3.420 |
| Students | 0.000 |
| Total | 26.100 |
| Access to Information Act | |
|---|---|
| Section | Number of requests |
| 16.31 Investigation under the Elections Act | 0 |
| 16.6 National Security and Intelligence Committee | 0 |
| 23.1 Patent or Trademark privilege | 0 |
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