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Access to Information Act - Annual Report 2020-2021

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Introduction

This Annual Report for 2020-2021 is presented to Parliament in accordance with section 94 of the Access to Information Act (ATIA), which requires government institutions to report annually on their administration of the Act.

The legislation to establish the National Security and Intelligence Committee of Parliamentarians (NSICOP) received Royal Assent in June 2017. The Committee is composed of up to eleven members, no more than three of whom may be from the Senate and no more than eight of whom may be from the House of Commons. Each member must hold a Top Secret security clearance.

The mandate of the Committee is to review:

  1. the legislative, regulatory, policy, administrative, and financial framework for national security and intelligence;
  2. any activity carried out by a department or agency that relates to national security or intelligence, unless the activity is an ongoing operation and the appropriate Minister determines that the review would be injurious to national security; and
  3. any matter relating to national security or intelligence referred to it by a minister of the Crown.

In order to fulfill its mandate, the Committee is entitled to have access to any information, with few exceptions, that is under the control of a department and that is related to the fulfillment of the Committee’s mandate. 

The Committee is required to submit to the Prime Minister an annual report of the reviews it conducted during the preceding year. It may also issue a special report at any time on any matter related to its mandate. A declassified version of those reports must be laid before both Houses of Parliament (in certain cases, the Committee may decide to include only a summary of a special report in its annual report). There are two categories of information that may be redacted from a report on the direction of the Prime Minister: information which would be injurious to national security, national defence or international relations if disclosed; and information that is subject to specific legal privileges, most commonly solicitor-client privilege.    

Through its public reports and its outreach activities to non-governmental organizations, academics and university students, the Committee aims to provide as much information to the public as possible, within the parameters of the NSICOP Act.

In 2020-21, the Committee submitted its 2020 Annual Report to the Prime Minister, which included a comprehensive overview of the main national security threats facing Canada. The 2020 Annual Report was tabled in Parliament on April 12, 2021 and is available on the Committee’s website.

Organizational structure

The Secretariat of the NSICOP was established pursuant to the NSICOP Act.

The Executive Director of the Secretariat is appointed by the Governor in Council. The Executive Director is the chief executive officer of the Secretariat and has the control and management of the Secretariat and all matters connected with it. The Secretariat applies the policies and guidelines of the Treasury Board on access to information and privacy.  

Delegation Order

The Minister heading each government institution is responsible for the implementation of the ATIA within his or her institution. The Leader of the Government in the House of Commons (LGHC) is the Minister responsible for the Secretariat.

A Delegation Order was signed by the LGHC in 2021. The persons holding the position or acting in the position of Executive Director and the Director of Operations have full delegation to exercise or perform any of the powers, duties and functions under the ATIA.   

Performance 2020-2021

Section 16.6 of the ATIA provides that the Secretariat of the NSICOP “shall refuse to disclose any record requested under this Part that contains information obtained or created by it or on its behalf in the course of assisting the Committee in fulfilling its mandate”.  

During the 2020-2021 fiscal year, the Secretariat received two consultation requests from other government organizations; it also received one request for information. In all cases, the records constituted information obtained or created by the Secretariat in support of the Committee’s work. The Secretariat therefore applied the exemption listed in section 16.6 of the ATIA. This performance reflects the trend established since the creation of the NSICOP Secretariat in 2017. 

There has been no significant impact of COVID-19 related measures on the Secretariat’s ability to fulfill its obligations under the ATIA. Any request or consultation request would be handled to the best of its ability within the set timelines. 

In compliance with mandatory proactive disclosure requirements for government organizations, the Secretariat’s website includes its latest Departmental Results Report, Departmental Plan and Quarterly Financial Reports. The Secretariat also publishes information concerning travel and hospitality expenses, reclassification of positions, and contracts over $10,000.

Training and awareness

All Secretariat employees are aware that the Secretariat is subject to the ATIA and are aware of their obligations pursuant to s.16.6 of the ATIA.  

Policies, guidelines, procedures and initiatives

Pursuant to s. 20 of the NSICOP Act, the Committee adopted comprehensive internal procedures for the Committee and the Secretariat to follow in the exercise of the Committee’s powers or the performance of its duties and functions. Those procedures refer to the obligations of the Secretariat in processing ATIA requests.  

Summary of key issues and actions taken on complaints or audits

There have been no complaints, audits or investigations during the reporting period.  

Monitoring compliance

There is no requirement for specific monitoring of ATIA requests. The Executive Director and the Director of Operations are aware of all requests as soon as received and closely monitor their progress and treatment.

Annex A - Delegation Order

Access to Information Act

The Leader of the Government in the House of Commons, as the Minister responsible for the Secretariat of the National Security and Intelligence Committee of Parliamentarians, and pursuant to section 73 of the Access to Information Acta, hereby designates the officers holding the positions set out in the schedule hereto, and any persons acting in those positions, to exercise or perform the powers, duties and functions of the Leader of the Government in the House of Commons as the head of a government institution under the sections of the Act and the regulations opposite each position in the schedule.

This delegation order supercedes all previous delegation orders.

Leader of the Government in the House of Commons
2 February 2021

a R.S. 1985, c. A-1

Schedule

Position Sections of the Access to Information Acta Sections of the Access to Information Regulationsb
Executive Director, Secretariat Full delegation. Full delegation.
Director of Operations, Secretariat Full delegation. Full delegation.

Annex B - Statistical report

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

Section 1 - Requests under the Access to Information Act

1.1 Number of requests

  Number of requests
Received during reporting period 1
Outstanding from previous reporting period 0
Total 1
Closed during reporting period 1
Carried over to next reporting period 0

1.2 Sources of requests

Source Number of requests
Media 0
Academia 0
Business (Private sector) 0
Organization 0
Public 1
Decline to identify 0
Total 1

1.3 Informal requests

Completion time
1-15 days 16-30 days 31-60 days 61-120 days 121-180 days 181-365 days More than 365 days Total
0 0 0 0 0 0 0 0
Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.

Section 2 - Decline to act on vexatious, made in bad faith or abuse of rights 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

3.1 Disposition and completion time



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 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 1 0 0 0 0 0 1
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 0 0 0 0 0 0 0 0
Neither confirmed or denied 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 0 1 0 0 0 0 0 1

3.2 Exemptions

Section Number of requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 0
14 0
14(a) 0
14(b) 0
15(1) 0
15(1) - I.A. 0
15(1) - Def. 0
15(1) - S.A. 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0
16(2) 0
16(2)(a) 0
16(2)(b) 0
16(2)(c) 0
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 1
17 0
18(a) 0
18(b) 0
18(c) 0
18(d) 0
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 0
20(1)(a) 0
20(1)(b) 0
20(1)(b.1) 0
20(1)(c) 0
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 0
21(1)(b) 0
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 0
23.1 0
24(1) 0
26 0

3.3 Exclusions

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) 0
69(1)(b) 0
69(1)(c) 0
69(1)(d) 0
69(1)(e) 0
69(1)(f) 0
69(1)(g) re (a) 0
69(1)(g) re (b) 0
69(1)(g) re (c) 0
69(1)(g) re (d) 0
69(1)(g) re (e) 0
69(1)(g) re (f) 0
69.1(1) 0

3.4 Format of information released

Paper Electronic Other formats
0 0 0

3.5 Complexity

3.5.1 Relevant pages processed and disclosed
Number of pages processed Number of pages disclosed Number of requests
0 0 1
3.5.2 Relevant pages processed and disclosed by size of requests

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 0 0 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0 0 0
All exempted 1 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0 0 0
Total 1 0 0 0 0 0 0 0 0 0
3.5.3 Other complexities
Disposition Consultation required Assessment of 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
Decline to act with the approval of the Information Commissioner 0 0 0 0 0
Total 0 0 0 0 0

3.6 Closed requests

3.6.1 Number of requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 1
Percentage of requests closed within legislated timelines (%) 100

3.7 Deemed refusals

3.7.1 Reasons for not meeting statutory deadline
Number of requests closed past the statutory deadline Principal reason
Interference with operations / Workload External consultation Internal consultation Other
0 0 0 0 0
3.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of days past legislated timelines Number of requests past legislated timelines where no extension was taken Number of requests past legislated timelines 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

3.8 Requests for translation

Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Section 4 - Extensions

4.1 Reasons for extensions and disposition of request

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

4.2 Length of extensions

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
Number of requests Amount Number of requests Amount
Application 0 $0 0 $0
Other fees 0 $0 0 $0
Total 0 $0 0 $0

Section 6 - Consultations received from other institutions and organizations

6.1 Consultations received from other government of Canada 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 2 7 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 2 7 0 0
Closed during the reporting period 2 7 0 0
Pending at the end of the reporting period 0 0 0 0

6.2 Recommendations and completion time for consultations received from other government institutions

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 1 0 0 0 0 0 0 1
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 1 0 0 0 0 0 0 1
Total 2 0 0 0 0 0 0 2

6.3 Recommendations and completion time for consultations received from other organizations

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

7.1 Requests with Legal Services

Number of days 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
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

7.2 Requests with Privy Council Office

Number of days 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
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

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
0 0 0 0 0 0

Section 9 - Court action

9.1 Court actions on complaints received before June 21, 2019 and on-going

Section 41 (before June 21, 2019) Section 42 Section 44
0 0 0

9.2 Court actions on complaints received after June 21, 2019

Section 41 (after June 21, 2019)
Complainant (1) Institution (2) Third party (3) Privacy Commissioner (4) Total
0 0 0 0 0

Section 10 - Resources related to the Access to Information Act

10.1 Costs

Expenditures Amount
Salaries $0
Overtime $0
Goods and services $0
• Professional services contracts $0  
• Other $0  
Total $0

10.2 Human resources

Resources Person years dedicated to Access to Information activities
Full-time employees 0.000
Part-time and casual employees 0.000
Regional staff 0.000
Consultants and agency personnel 0.000
Students 0.000
Total 0.000
Note: Enter values to three decimal places.

Library and Archives Canada Cataloguing in Publication

© National Security and Intelligence Committee of Parliamentarians, 2021

All rights reserved
All requests for permission to reproduce this document or any part
thereof shall be addressed to Secretariat of the National Security and Intelligence Committee of Parliamentarians.

ISSN 2562-9085

Cette publication est également disponible en français :
Rapport annuel. Loi sur l'accès à l'information (Comité des parlementaires sur la sécurité nationale et le renseignement (Canada))

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