Annual Report on the Administration of the Access to Information Act

Employment and Social Development Canada's access to information year in review, 2023 to 2024

Employment and Social Development Canada (ESDC) is responsible for developing, managing, and delivering social programs and services, including some of Canada's largest, such as Employment Insurance (EI), the Canada Pension Plan, and the Passport Program. During the 2023 to 24 fiscal year, the Department received 1,710 access to information requests, reviewed a total of 74,776 pages (an increase of 45% from the previous year), and achieved a compliance rate of 88.3%. In parallel, ESDC continued work on an Access to Information and Privacy (ATIP) Modernization Program to create and sustain a modern, transparent, and digitally enabled ATIP function that is client-centric and adapted for the digital information environment.

Significant progress was made in these efforts over the course of the year. Transition to a new working model, to a new method of governance for all ATIP operational sites, as well as upstream work to implement a new tracking system, marked critical milestones towards the full realization of ESDC's commitment to trust and transparency, in alignment with an ambitious whole-of-government shift toward an open-by-design approach.

ESDC continued to strive for timely proactive disclosures in meeting its legislative requirements. As part of the Department's mandate to provide equitable, inclusive, and protected civic space to all Canadians, ESDC maintains the highest accessibility standards in line with the Treasury Board of Canada Secretariat's Web Content Accessibility Guidelines. In some instances, achieving these standards delayed disclosure timelines and impacted compliance with proactive disclosure deadlines. ESDC's ongoing review of its processes and procedures seeks to make the necessary corrections where challenges like these are only encountered and improve compliance going forward.

ESDC's progress toward open-by-design governance will continue to evolve in the coming years. In this reporting period, ESDC successfully identified frequently asked information, and subsequently improved front-facing materials with respect to the Temporary Foreign Worker Program on the Open Canada Portal. In addition, the Department remained committed to providing Canadians with their personal information when they ask for it, and to do so in an efficient and timely manner. In the fiscal year, ESDC made important progress to improve publicly available information, with updated guidance, navigation, and search results on Canada.ca, designed to help Canadians obtain information as efficiently as possible. When personal information is readily available and does not need a Privacy Act request for access, individuals are offered the use of My Service Canada Account and My account for individuals (CRA). Canadians can also receive assistance with submitting their requests in digital form. It is expected that these solutions could redirect thousands of requests to more readily available sources instead of undertaking the longer process associated with the application of the Access to Information and Privacy Acts.

ESDC takes pride in delivering programs and services to Canadians at key stages of their lives. As demonstrated in this report, access to information, transparency, and client service, continue to be prioritized as an integral part of fulfilling its mandate.

1. Introduction

In accordance with Section 94 of the Access to Information Act, ESDC is pleased to present its annual report for 2023 to 2024 to Parliament. This report meets the legislative requirements by detailing the Department's performance related to access to information and its efforts to promote modern, transparent, and open government operations. Additionally, it satisfies the Service Fees Act requirement by reporting on the fees collected. Information on these fees, as mandated by Section 20 of the Act, is included in Section 8 of this report.

The results highlighted in this report demonstrate ESDC's ongoing commitment to service excellence for Canadians, reflected in our continuous efforts to enhance services through technological advancements, capacity building, and training.

To enhance transparency and efficiency, ESDC is prioritizing the modernization of our ATIP operations. This includes a strategic focus on improving the handling of access to information requests, proactive disclosure, and open government initiatives. Through our ATIP Modernization Project, we aim to further elevate our service capabilities and enhance oversight of our privacy compliance standards.

Purpose of 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 Act. 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.

About ESDC

The Department of Human Resources and Social Development, commonly referred to as ESDC, is the Government of Canada's department responsible for developing, managing, and delivering social programs and services. Its mission is to build a stronger and more inclusive Canada, support Canadians in helping them have productive and rewarding lives and improve their quality of life. ESDC's core responsibilities are:   

• social development to increase inclusion and opportunities for Canadians to participate in their communities
• pensions and benefits to assist Canadians in maintaining income for retirement and provide financial benefits to surviving spouses, people with disabilities, and their families 
• learning, skills development, and employment to help Canadians access postsecondary education, obtain the skills and training needed to participate in a changing labour market, and provide support to those who are temporarily unemployed
• working conditions and workplace relations to promote safe, healthy, fair, and inclusive work conditions and cooperative workplace relations
• information delivery and services for other departments: to provide information to the public on the programs of the Government of Canada (GC) and provide services for government departments and other partners

ESDC consists of 3 major entities within its structure:

• Employment and Social Development designs and manages programs that affect Canadians of all ages, such as seniors with basic income security, supports for unemployed workers, help for students to finance their post-secondary education, and assistance for parents in raising young children.
• The Labour Program contributes to social and economic well-being by fostering safe, healthy, fair, and inclusive work environments and cooperative workplace relations under federal jurisdiction. It also offers labour relations mediation services, enforces minimum working conditions, promotes decent work, and fosters respect for international labour standards.
• Service Canada provides Canadians with a single point of access to a wide range of government services and benefits. As of October 2022, it had a network of 598 in-person points of service across the country, including 318 Service Canada Centres, 247 scheduled outreach sites, and 17 stand-alone Passport offices. It operated 28 call centres and 47 other operations centres in 5 regions across Canada. In addition to in-person services, Service Canada also serves the needs of Canadians online at Canada.ca, through the My Service Canada Account, and by telephone with "1-800 O-Canada" and its network of call centres.

ESDC is responsible for the design and delivery of many important programs, such as:

• Old Age Security
• Canada Pension Plan
• Employment Insurance 
• Social Insurance Number
• Canada Disability Savings Program
• Canada Student Financial Assistance Program
• Canada Apprentice Loans Program
• Canada Education Savings Program
• Wage Earner Protection Program
• Passport Services

These programs and services, along with many others, are some of the largest and most well-known that are delivered by the Government of Canada. 

ESDC is led by 5 Ministers, supported by 5 Deputy Ministers responsible for its day-to-day operations, budget, and program development.

With over 41,000 employees, ESDC is one of the largest departments within the Government of Canada. Operating across Canada, 73% of its employees work outside the National Capital Region.

Organization of Employment and Social Development Canada

Mission

The mission of Employment and Social Development Canada, including the Labour Program and Service Canada, is to build a strong and more inclusive Canada, to support Canadians in helping them live productive and rewarding lives and to improve Canadians' quality of life.

Ministers

• Minister of Employment, Workforce Development and Official Languages
• Minister of Families, Children and Social Development
• Minister of Labour and Seniors
• Minister of Diversity, Inclusion and Persons with Disabilities
• Minister of Citizens' Services

Deputy Ministers

• Deputy Minister of Employment and Social Development
• Associate Deputy Minister of Employment and Social Development and Chief Operating Officer for Service Canada
• Deputy Minister of Labour and Associate Deputy Minister of Employment and Social Development
• Senior Associate Deputy Minister of Employment and Social Development
• Business Lead, Benefits Delivery Modernization, Employment and Social Development Canada

Employment and Social Development

Responsible for policy development and program design and management for:

• Old Age Security
• Canada Pension Plan
• Canada Student Financial Assistance Program
• Canada Education Savings Program
• Canada Service Corps
• Canadian Apprenticeship Strategy
• Employment Insurance Program
• Enabling Fund for Official Languages Minority Communities
• Foreign Credential Recognition Program
• Indigenous Skills and Employment Training Program
• Labour Market Transfer Agreements
• Opportunities Fund for Persons with Disabilities
• Skills and Partnership Fund
• Youth Employment and Skills Strategy Program

Branches:

• Income Security and Social Development Branch
• Learning Branch
• Skills and Employment Branch
• Strategic and Service Policy Branch

Labour Program

Responsible for labour issues affecting federally regulated industries in Canada, including:

• managing the Government of Canada's relationships with its international, federal, provincial, and territorial partners; and with unions and employers
• providing mediation and conciliation services to unions and employers in the federally regulated private sector
• promoting respect for international labour standards with Canada's international partners
• leading the administration of labour legislation and regulations in the areas of workplace safety, labour standards, employment equity, and federal workers' compensation

Branches:

• Compliance, Operations and Program Development Branch
• Policy, Dispute Resolution, and International Affairs Branch

Service Canada

Provides Canadians with services and information in person, online, by phone and by mail and is a single point of access to ESDC and other Government of Canada programs. It is responsible for providing:

• Benefits and program delivery
• Service Canada Centres (SCC)
• Scheduled outreach sites
• SCC Passport Services sites
• My Service Canada Account
• Community outreach
• Telephone operations
• Digital presence (eSIN and Canada.ca)
• Identity management
• Program integrity operations
• Temporary Foreign Worker Program

Branches:

• Benefits and Integrated Services Branch
• Canadian Digital Service
• Citizen Services Branch
• Integrity Services Branch
• Program Operations Branch
• Strategic and Service Policy Branch
• Temporary Foreign Worker Program Branch
• Atlantic Region
• Québec Region
• Ontario Region
• Western and Territories Region

Internal enablers

• Chief Data Officer Branch
• Chief Financial Officer Branch
• Corporate Secretariat
• Human Resources Services Branch
• Innovation, Information and Technology Branch
• Internal Audit and Enterprise Risk Management Branch
• Legal Services Unit
• Public Affairs and Stakeholder Relations Branch

2. Organizational context

ESDC's Corporate Secretariat and Chief Privacy Officer

ESDC's Corporate Secretariat Branch is responsible for issuing and overseeing the implementation of the Department's privacy management policy, and providing privacy advice and guidance. It also processes ESDC's privacy requests in the National Capital Region. These activities are conducted by the branch's ATIP Operations Division, with functional support from ESDC's 4 regional branches, and the Privacy Management Division (PMD) (see Figure 1).

The Corporate Secretary heads the branch and is ESDC's designated Chief Privacy Officer (CPO). The CPO is the Department's functional authority on all privacy matters, including privacy request processing and the management of personal information. The CPO provides strategic privacy policy advice and maintains ESDC's privacy management program, which includes the assessment of privacy risks, determination of compliance with privacy legislation, policies, and standards, and the delivery of privacy training, all of which are crucial in implementing a privacy-by-design approach.

Access to Information and Privacy Operations Division

The ATIP Operations Division administers the Access to Information Act and the privacy request components of the Privacy Act for ESDC. 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 Acts, and delivers training and awareness sessions to departmental employees on their administration. The Director of ATIP Operations is ESDC's designated ATIP Coordinator.

The responsibility for processing Privacy Act requests in ESDC is shared between the ATIP Operations Division and the Department's 4 regional branches: Atlantic, Ontario, Quebec, and Western and Territories. The ATIP Operations Division is responsible for coordinating ATIP activities in ESDC's branches and regions, which include:

• responding to Access to Information Act requests
• responding to specific Privacy Act requests
• providing functional guidance to the regions about the operational and reporting components of the privacy function
• delivering general and tailored training sessions to employees on the administration of both Acts

The Division also reviews Open Government publications for compliance with the Privacy Act.

The ATIP Operations Division is composed of an intake unit and ATIP processing teams. At the end of the 2023 to 2024 fiscal year, there were approximately 28 ATIP Operations employees.

Regional privacy operations

The regional branches play a key role in fulfilling the Department's Privacy Act responsibilities. During the 2023 to 2024 fiscal year, there were approximately 65 employees in the regions with ATIP processing duties. A network of liaison officers and managers within each region supports the processing of privacy requests and provides advice and guidance directly to program areas while coordinating with ATIP Operations Division.

Privacy Management Division (PMD)

The PMD is ESDC's centre for privacy policy expertise and is the Department's focal point for authoritative privacy advice. The PMD leads the horizontal implementation of departmental privacy policies and initiatives, conducts risk assessments, and provides privacy compliance guidance. In doing so, the Division leverages privacy-by-design approaches that integrate privacy considerations in the early stages of new programs, projects, and initiatives. The PMD also reviews proposed information-sharing agreements and draft contracts. The Division responds to court and law enforcement requests for documents, administers public interest disclosures, plays a key role in the management and prevention of privacy breaches, and supports privacy training and awareness activities. As the Department's privacy centre of expertise, the PMD provides strategic privacy policy and analytical advice to the CPO and ESDC's senior leaders.

The Division is organized into 4 functional groups consisting of a privacy policy and risk assessment unit, a privacy compliance and advisory services unit, an incident management and legislative disclosures unit, and a very small strategic advisory and planning unit. At the end of the 2023 to 2024 fiscal year, the PMD had 37 employees.

Text description for Figure 1

The image represents a direct reporting relationship between the Corporate Secretary and Chief Privacy Officer and the ATIP Operations and Privacy Management divisions. It also shows a functional guidance relationship between the Corporate Secretary and Chief Privacy Officer and the 4 regional ATIP operation offices (Western, Ontario, Québec and Atlantic).

Service agreement with Accessibility Standards Canada

ESDC has a memorandum of understanding to provide ATIP services for Accessibility Standards Canada, an independent departmental corporation in the Department's portfolio. Established under the Accessible Canada Act, Accessibility Standards Canada is mandated to contribute to the realization of a Canada without barriers on or before January 1, 2040. Privacy services that are provided include request processing, annual reporting advice and statistics, liaison functions, and training. ESDC also furnishes, when required, analysis and advice for privacy impact assessments, information-sharing arrangements, disclosures, contracting, legislative and policy compliance, and the management of security incidents involving personal information.

Delegation order

In accordance with section 95(1) of the Access to Information Act, a delegation order signed by the Minister of Employment and Social Development, Workforce Development and Official Languages designates ESDC's Deputy Ministers, Corporate Secretary, Director of Access to Information and Privacy, Managers, and Team Leaders to exercise all powers and functions, as the head of institution under the Act.

During the 2023 to 2024 period, the delegation order was updated to delegate certain authorities of the Act to ATIP analysts and officers. These changes will enable the access to information efficiencies that were designed in the ATIP Modernization project to be fully realized.

A copy of the Access to Information Act Delegation Order is provided in Annex A.

3. Policies, guidelines, procedures, and initiatives

ESDC continues to advance its efforts to modernize and standardize its processes by developing a department-wide common operating model. Significant progress was achieved in the past fiscal year, and implementation is scheduled for 2024 to 2025.

ATIP modernization

ESDC has laid the groundwork to modernize its ATIP infrastructure and processes to create a modern, digitally enabled ATIP program that is client centric and able to meet the needs of the evolving privacy operations environment. The Department launched this program to replace legacy ATIP systems that are nearing the end of their life cycle, enhance client service, and improve staff recruitment, capacity, and retention.

The modernization project consists of 4 program streams that gained momentum in 2023 to 2024: technology renewal, client-service enhancements, process review and standardization, and enhanced transparency measures. It is anticipated that modernization benefits will be realized over the course of the upcoming fiscal years and completed by 2026.

In the 2023 to 2024 fiscal year, progress was made in establishing new procedures that are expected to:

• improve ATIP information clarity and relevance on Canada.ca to guide Canadians to where they can find their personal information or get help in doing so
• aid clients with submitting digital requests
• help clients navigate clients to an efficient way to obtain their information through their My Service Canada Accounts thereby reducing the time and burden required to process a Privacy Act request that is not required
• pave the way for a successful technological renewal and advances with the introduction of the TBS ATIP Online Platform and new ATIPXpress request processing system in fiscal 2024 to 2025

Highlights of statistical report

Our results during the 2023 to 2024 fiscal year show that ESDC closed 88.3% Access to Information Act requests received within legislated timelines. As well, the Department received a total of 21,722 Privacy Act requests, up from the 20,964 requests in the previous year, and the volume of pages processed similarly increased from 1.8 million to 1.917 million pages. The comparable figures for Access to Information Act requests follow in the bullets below.

The total combined requests under the Access to Information and Privacy Acts again reached record highs. The following detailed results illustrate the Department's ongoing commitment to supporting open and transparent government. Continued increases in both access and privacy request volumes highlight the importance of ESDC's ATIP modernization initiatives. The Department is continuing to work towards enhancing its digital service channels that will enable clients to access their personal information directly, as well as proactive disclosure of institutional information as part of this broader commitment to improved transparency and access. The following is a high-level overview of the Department's key Access to Information results during the reporting period:

• 1,710 access to information requests were received, compared to 1,930 last year. While the decline represents 11% over the previous 2022 to 2023 volumes, it is too soon to determine whether it is indicative of a downward trend given the substantial volume increases experienced by the Department over the past 5 years
• 1,667 requests were closed, which involved the processing of 74,776 pages. This is an increase of 45% in comparison to the previous fiscal year
• 19,828 ESDC employees received mandatory Stewardship of Information and Workplace Behaviours (SIWB) training
• 15,586 employees completed mandatory "Access to Information and Privacy (ATIP): It's Everybody's Business" training

4. Performance overview

The following section provides key statistics and analysis of ESDC's accomplishments in the previous 4 fiscal years and illustrates how the Department contributed to the Government's agenda with its access to information program. The following charts and tables provide a 4-year comparison to highlight Access to Information Act performance trends. Detailed statistical reports for the Act are found in Annex B.

There was a reduction in the number of requests received by the Department during 2023 to 2024. Additionally, there was a slight decrease in the request processing compliance rate due to the significantly higher volume of pages processed, resources assigned to backlog processing and ATIP Modernization projects, and staffing factors.

The volume of requests received this year is comparable with the Department's historic trends, although the ESDC's transparency strategies to improve client access and enhance proactive disclosure are expected to drive a downward trend.

Requests and consultations: Total volume

ESDC experienced a decrease (11%) in Access to Information requests received, from 1,930 requests in 2022 to 2023 to 1,710 in 2023 to 2024.

Text description for Figure 2

The image represents a graphical representation of the total volume of requests received under the Access to Information Act for the past 4 years.

Requests received:

• 1,177 in 2020 to 2021
• 1,163 in 2021 to 2022
• 1,930 in 2022 to 2023
• 1,710 in 2023 to 2024

In 2023 to 2024, the Department also received fewer access to information consultation requests than the previous year.

Text description for Figure 3

The image represents a graphical representation of the total volume of consultation requests received under the Access to Information Act for the past 4 years.

Requests received:

• 137 in 2020 to 2021
• 189 in 2021 to 2022
• 172 in 2022 to 2023
• 123 in 2023 to 2024

Total requests received and completed

In the fiscal year 2023 to 2024, ESDC received 1,710 requests and completed 1,667 requests.

Text description for Figure 4

The image represents a graphical representation of the total volume of requests received and completed under the Access to Information Act for the past 4 years.

Requests received:

• 1,177 received and 1,234 completed in 2020 to 2021
• 1,163 received and 1,176 completed in 2021 to 2022
• 1,930 received and 1,786 completed in 2022 to 2023
• 1,710 received and 1,667 completed in 2023 to 2024

Completed requests by calendar days taken

ESDC processed 79% (1,313) of all access to information requests completed (1,667) within 30 days of receipt, a decrease of 4 percentage points compared to the previous fiscal year.

Text description for Figure 5

The image represents a graphical representation of the number of calendar days taken to complete requests received under the Access to Information Act for the past 4 years.

For 2020 to 2021:

• 569 (46%) were completed in 30 calendar days
• 152 (12%) were completed in 31 to 60 calendar days
• 513 (42%) were completed in 61 or more calendar days

For 2021 to 2022

• 609 (52%) were completed in 30 calendar days
• 235 (20%) were completed in 31 to 60 calendar days
• 332 (28%) were completed in 61 or more calendar days

For 2022 to 2023

• 1,487 (83%) were completed in 30 calendar days
• 121 (7%) were completed in 31 to 60 calendar days
• 178 (10%) were completed in 61 or more calendar days

For 2023 to 2024

• 1,313 (79%) were completed in 30 calendar days
• 99 (6%) were completed in 31 to 60 calendar days
• 255 (15%) were completed in 61 or more calendar days

Timeframes

ESDC completed 1,472 requests within legislated timelines, achieving an 88% compliance rate. However, the Department faced challenges in meeting legislative timelines for 195 requests, largely due to a substantial increase in the volume of pages reviewed, the requirement to dedicate resources to respond to orders from the Office of the Information Commissioner of Canada, and efforts to address backlog requests.

At the conclusion of the fiscal year, the number of requests beyond legislated timelines (the backlog) saw a modest increase from 286 in 2022 to 2023 to 319 in 2023 to 2024. Throughout the year, significant resources were employed to expedite processing these files. As part of this effort, 48 files from the inventory that had been pending for more than a year were completed.

In accordance with the Access to Information Act, institutions may apply for an extension beyond the original 30-day statutory deadline in cases where meeting it is not feasible due to a large number volume of pages is required to be reviewed, where consultations cannot reasonably be conducted within the initial 30 days, or where notice is given to a third party. During the 2023 to 2024 fiscal year, ESDC requested 310 extensions, of which 65% fell under paragraph 9(1)(a) (interference with operations and workload), and the remaining 35% fell under paragraphs 9(1)(b) and 9(1)(c) (consultation and third-party notices).

Text description for Figure 6

The image represents a graphical representation of the number Access to Information Act requests processed within and beyond legislative timeframes for the past 4 years.

For 2020 to 2021

• 63% of requests were processed within legislative timeframes, 37% were beyond

For 2021 to 2022

• 84% of requests were processed within legislative timeframes, 16% were processed beyond

For 2022 to 2023

• 94% of requests were processed within legislative timeframes, 6% were processed beyond

For 2023 to 2024

• 88% of requests were processed within legislative timeframes, 12% were processed beyond

• ^*Table Note: Detailed information about complaints can be found under section 7

Pages processed and disclosed

During the reporting period, the Department experienced a 45% increase in the total number of pages processed in the previous year, signalling a possible return to historic volumes, and a 25% increase in the number of pages disclosed for requests under the Access to Information Act.

Text description for Figure 7

The image represents a graphical representation of the number of pages processed and disclosed under the Access to Information Act for the past 4 years.

• 92,080 pages were processed and 69,052 disclosed in 2020 to 2021
• 93,092 pages were processed, and 66,018 pages were disclosed in 2021 to 2022
• 51,468 pages were processed, and 30,203 pages were disclosed in 2022 to 2023
• 74,776 pages were processed, and 37,747 pages were disclosed in 2023 to 2024

Exemptions and exclusions

ESDC holds very large volumes of personal information. To ensure this information is protected, exemptions and exclusions are often applied to records.

Exemptions

The Access to Information Act allows, and in some instances requires, information to be exempted and withheld. Examples might include information related to the internal decision-making processes of government, national security, law enforcement, or trade secrets.

The following table outlines the most frequently invoked exemptions during the past 4 years. Due to the nature of ESDC's mandate, most of the information under its 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 16 (law enforcement and investigations) and section 21 (operations of government) are also frequently applied exemptions.

• ^*Figures are rounded for readability purposes

Exclusions

The Access to Information Act does not apply to information that is publicly available, such as government publications (section 68) and Confidences of the King's Privy Council for Canada (section 69), which require consultation with the Department of Justice. During the 2023 to 2024 fiscal year, ESDC excluded records based on section 68 for 3 requests and section 69 for 55 requests.

Consultations received from other Government of Canada institutions and other organizations

This past fiscal year, ESDC received 123 external consultation requests from other Government of Canada institutions and organizations, which represents 5,184 pages reviewed. This is a decrease over the 172 requests received in 2022 to 2023, as well as a proportional decrease in the number of pages reviewed (9,468).

The Department closed 108 requests for consultation, of which 37 were completed within 30 days, 51 were disclosed in full, and 41 were disclosed in part.

5. Proactive Publication Under Part 2 of the Access to Information Act

ESDC’s proactive publications requirements are coordinated throughout the Department by 3 primary business process owners.

In support of the Government of Canada's commitment to open government and transparency under Bill C-58, the Department maintains web coding standards to ensure that information is accessible, usable, and compliant with departmental and government policies.

ESDC is continually seeking ways to enhance transparency and, in 2023 to 24, began publishing program policies for the Temporary Foreign Worker Program to address the high number of similar access to information requests. To date, 6 policies are available on Open Governement: Policies - Temporary Foreign Worker Program.

These compliance rates demonstrate ESDC's performance in upholding its proactive disclosure responsibilities under Part 2 of the Access to Information Act. During the fiscal year, ESDC achieved full compliance for 11 out of 16 proactive publications. Some of the results were from a very small sample (for example there were only 2 publications under subsections 88(a) and 88(c) respectively). The additional time required ranged from 30 to 60 days.

All of the Institution Proactive Publications can be found on ESDC's Corporate information page Transparency and proactive disclosures.

6. Training and awareness

Online Access to Information training

ESDC has developed a comprehensive department-wide mandatory training program to help increase knowledge and awareness of issues important to the stewardship of information and access to information. All employees are required to maintain valid certification in Stewardship of Information and Workplace Behaviours (SIWB), a course that addresses the Access to Information Act, information management, privacy, the handling of personal information, security issues, and values and ethics. The course is a component of the Department's Essential Training Curriculum and is delivered online. At the end of the reporting period, 19,828 employees achieved Stewardship of Information and Workplace Behaviours certification during 2023 to 2024, which is valid for 2 years.

In addition to SIWB certification, ESDC provides additional relevant online courses in its training catalogue. Notably, "Access to Information and Privacy (ATIP): It's Everybody's Business" gives employees the knowledge required to protect, use, and disclose personal information and helps teach them to incorporate the principles of openness and transparency in their everyday work. During the last fiscal year, 15,586 employees completed the course.

New employees take the "Doing Things Right and Doing the Right Thing: Putting the Departmental Code of Conduct into Action", which includes a significant Access to Information component. The course helps participants understand the application of ethical behaviour in the workplace and how to use that knowledge to guide them in their day-to-day work and decision-making, including their interactions with clients and colleagues. The course was taken by 16,302 employees during the 2023 to 2024 fiscal year.

In-person and virtual training and awareness

Information sessions were also offered to all Offices of Primary Interest contact persons. In all, 258 employees attended 1 of the 4 scheduled sessions. Ad hoc information sessions were also provided upon request to program officials covering several topics including the application of redactions, ATIP mechanisms and processes, and employee responsibilities.

These information sessions were designed to address the specific concerns of internal stakeholders in relation to the various responsibilities of employees in responding to requests for information, and the specific context of each program.

7. Complaints, investigations and court actions

Individuals have the right under the Access to Information Act to lodge complaints with the Office of the Information Commissioner of Canada regarding their requests for records.

During 2023 to 2024, the Department received 45 such complaints, which represented a decrease from the previous fiscal year (55 complaints received in the previous year). The Office of the Information Commissioner of Canada closed 56 complaints last year, determining 36 of them to be well founded. No court actions were initiated (see Table 8 for details).

Throughout 2023 to 2024, most of the closed complaint investigations regarded processing delays. To expedite their resolution, weekly management meetings were held to review the status of ongoing complaints, monitor progress, and formulate solutions. The implementation of a monitoring process supported the analysis of outstanding files, the gathering of necessary information, the engagement with internal stakeholders, and the development of more efficient processing approaches that provided clients with prompt complaint resolutions.

• 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 Information Commissioner of Canada in a fiscal year before the 2023 to 2024 reporting period.  

8. Reporting on Access to Information fees for the purposes of the Service Fees Act

The Service Fees Act requires responsible authorities to report annually to Parliament concerning the fees collected by the institution. The information found in Table 9 below is presented in accordance with the requirements of section 20 of the Service Fees Act.

9. Monitoring compliance

Except in certain circumstances, the Access to Information Act sets a timeline of 30 calendar days to respond to requests. ESDC has established processes and defined responsibilities to process requests within the statutory time limits, as outlined in the Table below.

As well, the ATIP Operations Division provides weekly and quarterly reporting to the Department's senior management. These reports help branches and regions monitor their access to information requests, identify any systemic issues, and allow for the timely implementation of solutions.

ESDC works closely with other federal institutions, including Immigration, Refugees and Citizenship Canada, Canada Border Services Agency, and Global Affairs Canada. Often, the sensitive nature of the requested records requires frequent consultations and close communication with them. To limit consultations and shorten our response times, ESDC carries out an initial review of documents to assess next steps. It also sends disclosure notices to other government agencies in lieu of consultation requests.

ESDC's Asset Management, Policy and Procurement Directorate, within the Chief Financial Branch, established a strong departmental governance framework to ensure that all contracts and arrangements are managed in compliance with section 4.2.8 of the Directive on Access to Information Requests. An "Access to Information" clause is usually included in all ESDC's contracts, informing contractors of their obligations and responsibilities to assist the Department discharge its responsibilities under the Access to Information Act.

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 95 of the Access to Information Act and section 11 of the Department of Employment and Social Development Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Minister as the head of the Department of Employment and Social Development, under the provisions of the aforementioned Acts and related regulations set out in the schedule opposite each position.

This designation replaces all previous delegation orders.

Original signed March 6, 2024 by the Honourable Randy Boissonnault, Minister of Employment and Social Development

Department of Employment and Social Development

Department of Employment and Social Development

Annex B: Statistical reports

Statistical report on the Access to Information Act

Name of institution: Employment and Social Development Canada

Reporting period: April 1, 2023 to March 31, 2024

Section 2: Informal requests

Section 3: Applications to the Information Commissioner on declining to act on requests

Section 4: Requests closed during the reporting period

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

4.5 Complexity

4.6 Closed requests

4.7 Deemed refusals

Section 5: Extensions

Section 6: Fees

Section 7: Consultations received from other Institutions and organizations

Section 8: Completion time of consultations on Cabinet confidences

Section 9: Investigations and Reports of finding

Section 10: Court action

Section 11: Resources related to the Access to Information Act