2020-2021 Annual Report to Parliament : The Administration of the Access to Information Act

1 Introduction

The purpose of the Access to information Act is to extend the present laws of Canada to provide a right of access to information in records under the control of a government institution, according to the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government.

1.1 Background

Section 72 of the Access to Information Act requires that the head of every government institution prepare and submit to Parliament an annual report on the administration of the Act within the institution. This is the nineteenth annual report to Parliament on performance with respect to administration of the Act by the Office of the Ombudsman for the Department of National Defence and the Canadian Armed Forces (the Office or the Office of the Ombudsman).

The Office of the Ombudsman is committed to openness and transparency about its administration and functioning. The Office endeavours to ensure that information about its work is widely disseminated and easily available. For example, the Ombudsman’s annual reports, special reports and press releases are posted on the Office’s website as soon as they are released. The website also contains case studies and statistics on the Office’s caseload, and educational material on subjects of interest to our constituents.

Critical to the resolution of complaint files and investigations is the confidentiality of the information provided by the constituents who come forward. Therefore, before any case study or report is released, identifying information is removed to ensure the protection of personal information and confidentiality of our communications. As well, summaries of completed requests for access to information are available on our website at https://www.canada.ca/en/ombudsman-national-defence-forces/information-about-office/access-information-privacy/completed-requests.html.

As the Ombudsman’s Office is part of the Defence portfolio, disclosure of the Ombudsman’s travel and hospitality expenses, contracts over $10,000 and position reclassifications are reported on the National Defence website at https://www.canada.ca/en/department-national-defence/corporate/transparency.html.

The Office of the Ombudsman proactively posts to its website correspondence between the Ombudsman and senior officials on matters of interest to our

constituency. This initiative is in keeping with the Ombudsman’s goal of promoting transparency and with the Open Government initiative. In accordance with the Directive on Open Government, correspondence is reviewed prior to release to ensure it does not contain any information raising concerns about privacy, confidentiality or security. The Access to Information and Privacy Unit conducts the

review of correspondence prior to release. Correspondence can be found on the Ombudsman website in the Letters and Statements section at https://www.canada.ca/en/ombudsman-national-defence-forces/reports-news-statistics/ombudsman-letters.html.

1.2 Mandate of the Office of the Ombudsman for the Department of National Defence and the Canadian Armed Forces

The first Ombudsman for the Department of National Defence and the Canadian Armed Forces was appointed in June 1998 by Governor in Council (Federal Cabinet). The creation of an Ombudsman institution was part of a wide range of initiatives brought forth by the Government of Canada to enhance the overall fairness and effectiveness of the military justice system, enhance the transparency of internal review mechanisms, streamline the Canadian Armed Forces grievance process, and promote greater openness, accountability and transparency within the Department of National Defence and the Canadian Armed Forces.

The duties and functions of the Ombudsman are set out in the Ministerial Directives Respecting the Ombudsman for the Department of National Defence and the Canadian Forces: https://www.canada.ca/en/department-national-defence/corporate/policies-standards/defence-administrative-orders-directives/5000-series/5047/5047-1-office-of-the-ombudsman.html.

The Ministerial Directives confirm that the Ombudsman and the Office operate outside the military chain of command as well as outside the civilian management of the Department of National Defence. The Ombudsman reports directly to, and is accountable only to, the Minister of National Defence, who is responsible for the management and direction of the Canadian Armed Forces and of all matters relating to National Defence. However, the Ombudsman operates at arm’s length from the

Minister, preserving the Ombudsman’s independence from the executive function.

The Ministerial Directives governing the Office provide that the Ombudsman is to act, on the Minister’s behalf, as a neutral and objective sounding board, mediator, investigator and reporter on matters related to the Department of National Defence and the Canadian Armed Forces. The Ombudsman also acts as a direct source of information, referral and education to assist individuals in accessing existing internal channels of assistance and redress. The overall goal of the Office of the Ombudsman is to contribute to substantial and long-lasting improvements to the welfare of the Defence community.

Under the Ministerial Directives, the Ombudsman is required to issue an annual report to the Minister of National Defence on the operations of the office. The Ministerial Directives further provide that the Ombudsman may publish reports concerning any investigation if the Ombudsman considers that it is in the public interest to do so.

 1.3 Structure of the Access to Information and Privacy Unit 

The ATIP unit for the Office of the Ombudsman is part of the Legal Services

Directorate and is managed by the institution’s Access to Information and Privacy Coordinator. Pursuant to section 73 of the Access to Information Act, the Minister of National Defence designated the Office’s ATIP Coordinator to exercise all powers and perform the duties and functions of the Minister under the Act as it concerns the Office of the Ombudsman. This arrangement reflects the Office’s independent, arm’s length relationship with the Department of National Defence and Canadian Armed Forces. A copy of the delegation order appears in Appendix A to this report.

A major challenge to the application of the ATIP legislation lies in the Ministerial Directives that establish the Office of the Ombudsman. One of the main functions of the Office is to conduct confidential investigations, yet the records are not fully protected by having either the status of an investigative body under the regulation or having a specific provision protecting the Office’s investigative records. A further challenge is caused by the fact that some of the information that is required by this Office to conduct its investigations is held by other parts of the Defence community that are designated as investigative bodies or who claim exemptions under the ATIP legislation. Because of the interplay of the Office’s mandate and the ATIP legislation, legal guidance is often called upon to find the balance between the application of the mandate and compliance with the ATIP legislation, whether it be protection of personal information or access to information.

The ATIP Unit is responsible for the following activities:

The ATIP unit has one ATIP Officer who administers the processing of ATIP files, among other duties. The ATIP Unit also engages a consultant, on an as-needed basis, to assist with processing of requests.

2 Key Activities and Accomplishments

2.1 Education and Training Activities

Those responsible for the delivery of the Ombudsman’s ATIP services regularly attend learning activities presented by the Treasury Board of Canada Secretariat, Information and Privacy Policy Division and other learning institutions.

2.2 Institutional Access to Information Policies and Procedures

The Office of the Ombudsman has not implemented any new and/or revised institution-specific policy, guideline or procedure during this reporting period.

2.3 Effects of COVID-19 Measures on ATIP activities

To comply with public health directives, most of the ATIP activities for the entire period were conducted off-site. ATIP employees were able to monitor requests received by email remotely, and to process and provide records in electronic format. The only activity that could not be conducted online was the collection of application fees, since the Office is not set up to received electronic fees. A mailroom employee was able to access the premises periodically in a safe manner, to deal with fees and any other correspondence received by mail. By these means, the Access to Information and Privacy section was not impacted by COVID-19 measures. 

3 Statistical Report on the Administration of the Access to Information Act

This section provides information about the processing of requests under the Access

to Information Act. Appendix B provides a statistical summary of the access to information requests received and/or finalized in 2020-21.

There is not a sufficient volume of requests to be able to report on any statistically significant trends, however, this year saw a significant increase from the one (1) to six (6) requests received over the five years prior to 2020-2021. This increase in volume is tied to requests for information related to the Ombudsman and his predecessor being called to testify at Parliamentary committee hearings on sexual misconduct in the military. 

3.1 Formal requests under the Access to Information Act

The Office of the Ombudsman received thirteen (13) requests for information under the Access to Information Act during the period from April 1, 2020 to March 31, 2021. The requests were treated formally, with many of the requests related to military sexual misconduct provided informally once they were reported as completed requests. Three (3) requests were abandoned. A total of 569 pages were reviewed.

3.2 Disposition of Completed Requests

Twelve (12) requests were processed during this fiscal year, and one (1) request carried over to 2021-2022. Three (3) requests were abandoned. Of the nine (9) requests where documents were provided to requestors, two (2) were disclosed in full and seven (7) were disclosed in part. All of the requestors received electronic copies of the records released. 

3.3 Exemptions to the Release of Information

Information was withheld on the basis of s.19 (1) (personal information) of the Access to Information Act.

Since the overall volume of requests is low, it is not possible to report on any significant trends on the application of exemptions and exclusions, or on completion times or extensions.

Over the past 5 years, section 19 (1) of the Act has been invoked to prevent the disclosure of personal information when responding to requests under the Act, perhaps due to the nature of the information involved (complaints to or other activities of the Ombudsman). Other exemptions invoked over the past 5 years have included section 21 (1) (a) (b) and (c) (operations of government) and section 23 (solicitor-client privilege) of the Act.

3.4 Completion Time

The nine (9) requests where documents were provided during the fiscal year were completed within the 30 day statutory limit; no extensions were required. The three (3) requests that were abandoned were also dealt with within the 30 day statutory limit.

The number of requests is too low to draw statistically significant conclusions. However, the low volume of requests also allows every attempt to be made to meet the statutory deadlines. Over the past five years, extensions have only been taken to allow for consultations with other government departments.

3.5 Extension of the Time Limit

No extensions were sought under the Access to Information Act.

3.6 Consultations

The Office received one (1) consultation from another government institution concerning the Access to Information Act. The consultation was completed in less than 15 days. The total number of pages reviewed was fifteen (15).

3.7 Informal Access Requests

Requests for information about the Office’s policies and procedures and for general information are responded to on an informal basis where possible. During the current reporting period the ATIP Unit did not process any informal requests.

3.8 Fees and Costs

There are no costs associated with ATIP specific software as the volume of requests does not warrant the expenditure.

totalled $35,041

Forty-five dollars ($45) were collected in application fees by the ATIP Unit during the fiscal year; the application fee was waived for one (1) request, and was not collected for the three (3) abandoned requests.

3.9 Complaints and Audits

During this reporting period, the Office of the Ombudsman received no complaints under the Access to Information Act, and concluded no audits or investigations.

4 Monitoring – Access to Information Requests

The ATIP Unit uses a tracking spreadsheet to monitor processing times for access to information requests. The ATIP Coordinator reports to the senior management committee as necessary for their situational awareness. The senior management committee includes the Ombudsman, Directors General and Directors.

Annex 1: Delegation Order

Annex 2: Statistical Report on the Access to Information Act

Statistical Report on the Access to Information Act

Name of institution: Ombudsman for National Defence and Canadian Forces

Reporting period: 2020-04-01 to 2021-03-31

 Section 1: Requests Under the Access to Information Act

 

Number of Requests

Received during reporting period

13

Outstanding from previous reporting period

0

Total

13

Closed during reporting period

12

Carried over to next reporting period

1

Source

Number of Requests

Media

0

Academia

0

Business (private sector)

0

Organization

0

Public

4

Decline to Identify

9

Total

13

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 Than365 Days

Total

21

0

0

0

0

0

0

21

Note: All requests previously recorded as “treated informally” will now be accounted for in this section only.

TBS/SCT 350-62

 Section 2: Decline to act vexatious, made in bad faith or abuse of right requests

 

Number of Requests

Outstanding from previous reporting period

0

Sent during reporting period

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

 Section 3: 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

2

0

0

0

0

0

0

2

Disclosed in part

5

2

0

0

0

0

0

7

All exempted

0

0

0

0

0

0

0

0

All excluded

0

0

0

0

0

0

0

0

No records exist

0

0

0

0

0

0

0

0

Request transferred

0

0

0

0

0

0

0

0

Request abandoned

3

0

0

0

0

0

0

3

Neither confirmed nor denied

0

0

0

0

0

0

0

0

Decline to act with the approval of the Information Commisioner

0

0

0

0

0

0

0

0

Total

10

2

0

0

0

0

0

12

Section

Number ofRequests

Section

Number ofRequests

Number of

Section Requests

Section

Number ofRequests

13(1)(a)

0

16(2)

0

18(a)

0

20.1

0

13(1)(b)

0

16(2)(a)

0

18(b)

0

20.2

0

13(1)(c)

0

16(2)(b)

0

18(c)

0

20.4

0

13(1)(d)

0

16(2)(c)

0

18(d)

0

21(1)(a)

0

13(1)(e)

0

16(3)

0

18.1(1)(a)

0

21(1)(b)

0

14

0

16.1(1)(a)

0

18.1(1)(b)

0

21(1)(c)

0

14(a)

0

16.1(1)(b)

0

18.1(1)(c)

0

21(1)(d)

0

14(b)

0

16.1(1)(c)

0

18.1(1)(d)

0

22

0

15(1)

0

16.1(1)(d)

0

19(1)

7

22.1(1)

0

15(1) - I.A.*

0

16.2(1)

0

20(1)(a)

0

23

0

15(1) - Def.*

0

16.3

0

20(1)(b)

0

23.1

0

15(1) - S.A.*

0

16.31

0

20(1)(b.1)

0

24(1)

0

16(1)(a)(i)

0

16.4(1)(a)

0

20(1)(c)

0

26

0

16(1)(a)(ii)

0

16.4(1)(b)

0

20(1)(d)

0

 

16(1)(a)(iii)

0

16.5

0

 

16(1)(b)

0

16.6

0

16(1)(c)

0

17

0

16(1)(d)

0

 

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

Section

Number ofRequests

Section

Number ofRequests

Section

Number ofRequests

68(a)

0

69(1)

0

69(1)(g) re (a)

0

68(b)

0

69(1)(a)

0

69(1)(g) re (b)

0

68(c)

0

69(1)(b)

0

69(1)(g) re (c)

0

68.1

0

69(1)(c)

0

69(1)(g) re (d)

0

68.2(a)

0

69(1)(d)

0

69(1)(g) re (e)

0

68.2(b)

0

69(1)(e)

0

69(1)(g) re (f)

0

 

69(1)(f)

0

69.1(1)

0

Paper

Electronic

Other

0

9

0

Number of Pages

Processed

Number of Pages

Disclosed

Number of Requests

573

352

12

Disposition

Less Than 100 Pages Processed

101-500

Pages Processed

501-1000

Pages Processed

1001-5000

Pages Processed

More Than 5000 Pages Processed

Number ofRequests

Pages Disclosed

Number of Request s

Pages Disclosed

Number ofRequests

Pages Disclosed

Number ofRequests

Pages Disclosed

Number of Requests

Pages Disclosed

All disclosed

2

4

0

0

0

0

0

0

0

0

Disclosed in part

7

348

0

0

0

0

0

0

0

0

All exempted

0

0

0

0

0

0

0

0

0

0

All excluded

0

0

0

0

0

0

0

0

0

0

Request

abandoned

3

0

0

0

0

0

0

0

0

0

Neither

confirmed nor denied

0

0

0

0

0

0

0

0

0

0

Declined to act with the approval of the Information Commissioner

0

0

0

0

0

0

0

0

0

0

Total

12

352

0

0

0

0

0

0

0

0

Disposition

Consultation

Required

Assessmentof

Fees

Legal Advice

Sought

Other

Total

All disclosed

0

0

0

0

0

Disclosed in

part

0

0

0

0

0

All exempted

0

0

0

0

0

All excluded

0

0

0

0

0

Request

abandoned

0

0

0

0

0

Neither confirmed nor denied

0

0

0

0

0

Declined to act with the approval of the Information Commissioner

0

0

0

0

0

Total

0

0

0

0

0

 

Requests closed within legislated timelines

Number of requests closed within legislated timelines

12

Percentage of requests closed within legislated timelines (%)

100

Number of Requests Closed Past the Legislated Timelines

Principal Reason

Interference with Operations /

Workload

External Consultation

Internal Consultation

Other

0

0

0

0

0

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

0

0

0

16 to 30 days

0

0

0

31 to 60 days

0

0

0

61 to 120 days

0

0

0

121 to 180 days

0

0

0

181 to 365 days

0

0

0

More than 365 days

0

0

0

Total

0

0

0

Translation Requests

Accepted

Refused

Total

English to French

0

0

0

French to English

0

0

0

Total

0

0

0

 Section 4: 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

0

0

0

0

Disclosed in part

0

0

0

0

All exempted

0

0

0

0

All excluded

0

0

0

0

No records exist

0

0

0

0

Request abandoned

0

0

0

0

Decline to act with the approval of the Information Commissioner

0

0

0

0

Total

0

0

0

0

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

0

0

0

0

31 to 60 days

0

0

0

0

61 to 120 days

0

0

0

0

121 to 180 days

0

0

0

0

181 to 365 days

0

0

0

0

365 days or more

0

0

0

0

Total

0

0

0

0

 Section 5: Fees

Fee Type

Fee Collected

Fee Waived or Refunded

Requests

Amount

Requests

Amount

Application

9

$45

4

$20

Other fees

0

$0

0

$0

Total

9

$45

4

$20

 Section 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

1

15

0

0

Outstanding from the previous

reporting period

0

0

0

0

Total

1

15

0

0

Closed during the reporting period

1

15

0

0

Carried over to next reporting period

0

0

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

1

0

0

0

0

0

0

1

Disclose in part

0

0

0

0

0

0

0

0

Exempt entirely

0

0

0

0

0

0

0

0

Exclude entirely

0

0

0

0

0

0

0

0

Consult other institution

0

0

0

0

0

0

0

0

Other

0

0

0

0

0

0

0

0

Total

1

0

0

0

0

0

0

1

Recommendation

Number of Days Required to Complete Consultation Requests

1 to

15

Days

16 to 30 Days

31 to 60 Days

61 to

120

Days

121 to 180 Days

181 to

365 Days

More

Than 365

Days

Total

Disclose entirely

0

0

0

0

0

0

0

0

Disclose in part

0

0

0

0

0

0

0

0

Exempt entirely

0

0

0

0

0

0

0

0

Exclude entirely

0

0

0

0

0

0

0

0

Consult other institution

0

0

0

0

0

0

0

0

Other

0

0

0

0

0

0

0

0

Total

0

0

0

0

0

0

0

0

 Section 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 ofRequests

Pages Disclosed

Number

of Request

Pages Disclosed

Number ofRequests

Pages Disclosed

Number ofRequests

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

Number of Days

Fewer Than 100 Pages Processed

101‒500 PagesProcessed

501-1000

Pages Processed

1001-5000

Pages Processed

More Than 5000 Pages Processed

Number ofRequests

Pages Disclosed

Number

of Request

Pages Disclosed

Number ofRequests

Pages Disclosed

Number ofRequests

Pages Disclosed

Number

of Requests

Pages Disclosed

1 to 15

0

0

0

0

0

0

0

0

0

0

16 to 30

0

0

0

0

0

0

0

0

0

0

31 to 60

0

0

0

0

0

0

0

0

0

0

61 to 120

0

0

0

0

0

0

0

0

0

0

121 to 180

0

0

0

0

0

0

0

0

0

0

181 to 365

0

0

0

0

0

0

0

0

0

0

More than 365

0

0

0

0

0

0

0

0

0

0

Total

0

0

0

0

0

0

0

0

0

0

 Section 8: Complaints and investigations

Section32Noticeof intention to investigate

Subsection 30(5)Ceased to investigate

Section 35 Formal representations

Section37 Reports of finding received

Section 37 Reportsof finding containing recommendations issued by the Information

Commissioner

Section 37 Reportsof finding containing orders issued by the Information Commissioner

0

0

0

0

0

0

 Section 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)

PrivacyCommissioner(4)

Total

0

0

0

0

0

 Section 10: Resources Related to the Access to Information Act

Expenditures

Amount

Salaries

$35,041

Overtime

$0

Goods and Services

$0

• Professional services contracts

$0

 

• Other

$0

Total

$35,041

Resources

Person Years Dedicated to

AccesstoInformationActivities

Full-time employees

0.340

Part-time and casual employees

0.000

Regional staff

0.000

Consultants and agency personnel

0.000

Students

0.000

Total

0.340

Note: Enter values to three decimal places.

Page details

2023-07-05