Access to Information Act - Annual Report 2021-2022

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Introduction

This Annual Report for 2021-2022 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 2021-2022, the Committee submitted its 2021 Annual Report to the Prime Minister, which included a summary of the Special Report on the Government of Canada’s Framework and Activities to Defend its Systems and Networks from Cyber Attack, a special review completed by the Committee in 2021. The Annual Report also contained information on the Committee’s work over the past year.

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 ATI Act 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 2021-2022

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 2021-2022 fiscal year, the Secretariat received two requests for information. Of these requests, one was disclosed in part and, for the other request, records did not exist. Both requests were completed within 1 to 15 days.

The Secretariat also received two consultation requests from other government organizations during this period. Of these consultations, the Secretariat recommended exemptions in their entirety. Both consultations were completed within 1 to 15 days.

The Secretariat does not currently have any active requests or complaints which are outstanding from previous reporting periods.

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 were 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: 2021-04-01 to 2022-03-31

Section 1 - Requests under the Access to Information Act

1.1 Number of requests

  Number of requests
Received during reporting period 2
Outstanding from previous reporting periods 0
Outstanding from previous reporting period 0
Outstanding from more than one reporting period 0
Total 2
Closed during reporting period 2
Carried over to next reporting period 0
Carried over within legislated timelines 0
Carried over beyond legislated timelines 0

1.2 Sources of requests

Source Number of requests
Media 0
Academia 1
Business (Private sector) 0
Organization 0
Public 1
Decline to identify 0
Total 2

1.3 Channel of requests

Source Number of requests
Online 0
Email 2
Mail 0
In person 0
Phone 0
Fax 0
Total 2

Section 2 - Informal requests

2.1 Number of informal requests

  Number of requests
Received during reporting period 0
Outstanding from previous reporting periods 0
Outstanding from previous reporting period 0
Outstanding from more than one reporting period 0
Total 0
Closed during reporting period 0
Carried over to next reporting period 0

2.2 Channels of informal requests

Source Number of requests
Online 0
Email 0
Mail 0
In person 0
Phone 0
Fax 0
Total 0

2.3 Completion time of informal 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
0 0 0 0 0 0 0 0

2.4 Pages released informally

Less than 100 pages released 100-500 pages released 501-1000 pages released 1001-5000 pages released More than 5000 pages released
Number of requests Pages released Number of requests Pages released Number of requests Pages released Number of requests Pages released Number of requests Pages released
0 0 0 0 0 0 0 0 0 0

2.5 Pages re-released informally

Less than 100 pages released 100-500 pages released 501-1000 pages released 1001-5000 pages released More than 5000 pages released
Number of requests Pages released Number of requests Pages released Number of requests Pages released Number of requests Pages released Number of requests Pages released
0 0 0 0 0 0 0 0 0 0

Section 3 - Applications to the Information Commissioner on declining to act on 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
Withdrawn during reporting period 0
Carried over to next reporting period 0

Section 4 - Requests closed during the reporting period

4.1 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 1 0 0 0 0 0 0 1
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 1 0 0 0 0 0 0 1
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 2 0 0 0 0 0 0 2

4.2 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) 1
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) 1
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

4.3 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

4.4 Format of information released

Paper Electronic record Data set Video Audio Other
0 1 0 0 0 0

4.5 Complexity

4.5.1 Relevant pages processed and disclosed for paper and e-record formats
Number of pages processed Number of pages disclosed Number of requests
36 33 1
4.5.2 Relevant pages processed per request disposition for paper and e-record formats 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 processed Number of requests Pages processed Number of requests Pages processed Number of requests Pages processed Number of requests Pages processed
All disclosed 0 0 0 0 0 0 0 0 0 0
Disclosed in part 1 36 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 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 36 0 0 0 0 0 0 0 0
4.5.3 Relevant minutes processed and disclosed for audio formats
Number of minutes processed Number of minutes disclosed Number of requests
0 0 0
4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition Less than 60 minutes processed 60-120 minutes processed More than 120 minutes processed
Number of requests Minutes processed Number of requests Minutes processed Number of requests Minutes processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Total 0 0 0 0 0 0
4.5.5 Relevant minutes processed and disclosed for video formats
Number of minutes processed Number of minutes disclosed Number of requests
0 0 0
4.5.6 Relevant minutes processed per request disposition for video formats by size of requests
Disposition Less than 60 minutes processed 60-120 minutes processed More than 120 minutes processed
Number of requests Minutes processed Number of requests Minutes processed Number of requests Minutes processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Total 0 0 0 0 0 0
4.5.7 Other complexities
Disposition Consultation required Legal advice sought Other Total
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
Request abandoned 0 0 0 0
Neither confirmed nor denied 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0
Total 0 0 0 0

4.6 Closed requests

4.6.1 Requests closed within legislated timelines
Number of requests closed within legislated timelines 2
Percentage of requests closed within legislated timelines (%) 100

4.7 Deemed refusals

4.7.1 Reasons for not meeting legislated deadline
Number of requests closed past the legislated deadline Principal reason
Interference with operations / Workload External consultation Internal consultation Other
0 0 0 0 0
4.7.2 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

4.8 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 5 - Extensions

5.1 Reasons for extensions and disposition of request

Disposition of requests where an extension was taken 9(1)(a)
Interference with operations / workload
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
Request abandoned 0 0 0 0
No records exist 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0
Total 0 0 0 0

5.2 Length of extensions

Length of extensions 9(1)(a)
Interference with operations / workload
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 6 - Fees

Fee type Fee collected Fee waived Fee refunded
Number of requests Amount Number of requests Amount Number of requests Amount
Application 0 $0 2 $10.00 0 $0
Other fees 0 $0 0 $0 0 $0
Total 0 $0 2 $10.00 0 $0

Section 7 - Consultations received from other institutions and organizations

7.1 Consultations received from other Government of Canada institutions and other organizations

Consultations Other government of Canada institutions Number of pages to review Other organizations Number of pages to review
Received during reporting period 2 74 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 2 74 0 0
Closed during the reporting period 2 74 0 0
Carried over within negotiated timelines 0 0 0 0
Carried over beyond negotiated timelines 0 0 0 0

7.2 Recommendations and completion time for consultations received from other Government of Canada 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 2 0 0 0 0 0 0 2
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 2 0 0 0 0 0 0 2

7.3 Recommendations and completion time for consultations received from other organizations outside the government of Canada

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 8 - Completion time of consultations on Cabinet confidences

8.1 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

8.2 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 9 - Investigations and reports of finding

9.1 Investigations

Section 32
Notice of intention to investigate
Sebsection 30(5)
Ceased to investigate
Section 35
Formal representations
0 0 0

9.2 Investigations and reports of findings

Section 37(1) Initial reports Section 37(2) Final reports
Received Containing recommendations issued by the Information Commissioner Containing orders issued by the Information Commissioner Received Containing recommendations issued by the Information Commissioner Containing orders issued by the Information Commissioner
0 0 0 0 0 0

Section 10 - Court action

10.1 Court actions on complaints

Section 41
Complainant (1) Institution (2) Third party (3) Privacy Commissioner (4) Total
0 0 0 0 0

10.2 Court actions on third party notifications under paragraph 28(1)(b)

Section 44 - under paragraph 28(1)(b)
0

Section 11 - Resources related to the Access to Information Act

11.1 Allocated costs

Expenditures Amount
Salaries $5,000
Overtime $0
Goods and services $0
• Professional services contracts $0  
• Other $0  
Total $5,000

11.2 Human resources

Resources Person years dedicated to Access to Information activities
Full-time employees 0.010
Part-time and casual employees 0.000
Regional staff 0.000
Consultants and agency personnel 0.000
Students 0.000
Total 0.010

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