Access to Information Act Annual Report 2012-13 RCMP External Review Committee

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The Access to Information Act gives the public a broad right of access to information contained in federal government records, subject to certain limited and specific exceptions.

Section 72 of the Access to Information Act requires that the head of every government institution submit an annual report to Parliament on the administration of the Act during the financial year. This report describes how the RCMP External Review Committee administered the Access to Information Act throughout fiscal year 2012-13.

The Royal Canadian Mounted Police External Review Committee (ERC) was created by Part II of the Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, as amended, as an independent and impartial body to review appeals of formal discipline, appeals of discharge or demotion, and certain types of grievances involving regular and civilian members of the RCMP. The ERC independently reviews cases referred to it and submits recommendations to the Commissioner of the RCMP.

Because of the small size of the ERC (less than 10 FTE's) and of the small number of requests, all access to information-related functions are performed by the Executive Director and the Manager, Administrative Services. The ERC has no regional offices. The ERC processes requests as follows:

• the requested information is identified;
• the requests are examined to see if they should be transferred to another government institution with a 'greater interest';
• possible exemptions are considered;
• a copy of the non-exempt information is prepared and forwarded to the requester with a transmittal letter; and,
• the requests and all related documentation are filed in the ERC's ATIP registry.

The ERC relies on existing Treasury Board guidelines.

The Minister of Public Safety, pursuant to section 73 of the Access to Information Act, designates the Chair, the Vice-Chair and the Executive Director and Senior Counsel of the ERC to exercise the powers and perform the duties of the Minister as the head of a government institution, that is, the Royal Canadian Mounted Police External Review Committee, under the sections of the Act. Responsibilities associated with the administration of the Access to Information Act include notifying applicants of extensions and transferring requests to other institutions (see Annex A, Delegation Order).

Throughout fiscal year 2012-13, the ERC received a total of 18 requests under the Access to Information Act. The disposition of the requests is as follows:

Annex B provides a summarized statistical report on Access to Information Act requests processed by the ERC between April 1, 2012 and March 31, 2013.

The ERC transferred 12 requests to the Royal Canadian Mounted Police Access to Information Coordinator because the ERC did not possess the requested information. The applicants were advised accordingly.

Six requests where no records exist included requests for records that were not under the control of the ERC. The applicants were advised accordingly.

Seventeen requests received during the period were from the public, and one originated from an organization.

During the reporting period, the ERC received three consultations in response to formal requests received by other federal institutions. The recommendation to disclose the information entirely in all three cases was completed between one and 15 days.

Whenever possible, information is provided informally to the public by ERC employees. For example staff responds to phone calls about the ERG's procedures. Additionally, the ERG's website serves as a valuable source of information, where annual reports, financial reports, contracts over $10,000, position reclassifications, and expenses of senior officials are routinely updated. Given the sensitivity of much of the information held at the ERC, there are few opportunities to disclose other types of information informally.

As the ERC receives a very small number of ATI requests and the majority are referrals outside the agency to larger agencies, no formal ATI training has been provided in this reporting period. However, some legal staff at the ERC have received legal training in ATIP matters. The requests that are challenging require legal analysis.

All information about the ATI program is routinely circulated to all staff of the ERC. Also, the ERC regularly disseminates information through its quarterly newsletter Communique, its annual report and communications activities concerning its operations.

The ERC did not implement any new or revised access to information related policies, guidelines or procedures during the reporting period.

The ERC did not receive any complaints and was not investigated during the reporting period.

There were no applications/appeals to the Courts for fiscal year 2012-13.

The Access to Information Act requires that institutions maintain a reading room where the public can review records that have been disclosed by the ERC over the past three years. Records are available for review at no charge. Photocopying costs are applied at $0.20 per page.

The ERG's public reading room is located at 60 Queen Street, Room 600, in Ottawa and is open from 10:00 a.m. to 3:00p.m., Monday to Friday. Individuals who wish to review records must schedule an appointment with the ERC.

The Minister of Public Safety Canada, pursuant to section 73 of the Access to Information Act*, hereby designates the persons holding the positions set out in the schedule hereto to exercise the powers and perform the duties and functions of the Minister as the head of a government institution, that is, the Royal Canadian Mounted Police External Review Committee, under the sections of the Act set out in the schedule opposite each position.

*R.S.C., 1985, c. A-1

Name of institution: RCMP External Review Committee
Reporting period: April 1, 2012 to March 31, 2013

2.5 Complexity

2.6 Deemed refusals