2012-2013 Annual Report on the Administration of the Access to Information Act

Introduction

The Access to Information Act (hereafter the “Act”) gives Canadian citizens, as well as individuals and corporations present in Canada, the right to access federal government records that are not of a personal nature. The public’s right of access to information is balanced against the legitimate need to protect sensitive information and to permit effective functioning of government, while promoting transparency and accountability in government institutions.
The Act complements but does not replace other procedures for obtaining government information. It is not intended to limit in any way access to government information normally available to the public upon request.
Section 72 of the Act requires the head of every government institution to submit an annual report to Parliament on the administration of the Act during the fiscal year. This report describes how the Canadian Security Intelligence Service (CSIS) administered the Act throughout fiscal year 2012-2013.

Overview of the Canadian Security Intelligence Service

In 1984, the Government of Canada passed an Act of Parliament for the creation of a civilian security intelligence service. This legislation not only gave birth to CSIS, it also clarified the differences between security intelligence activities and law-enforcement work, bringing to an end the 120-year interlocking of Canada's security intelligence service with the federal police force. CSIS came into existence on July 16, 1984.
CSIS is at the forefront of Canada's national security establishment and as such, its programs are proactive and pre-emptive. Its role is to investigate threats, analyze information and produce intelligence. CSIS reports to, and advises, the Government of Canada so as to protect the country and its citizens. Key threats include terrorism, espionage, foreign interference, the proliferation of weapons of mass destruction and cyber-threats against critical information systems and infrastructure.

Through its Security Screening Program, CSIS provides advice that prevents non-Canadians who pose security concerns from entering Canada or receiving permanent resident status or citizenship. CSIS also helps prevent individuals of security concern from gaining access to Canadian information, assets, sites or events.

The Access to Information and Privacy Section

The Access to Information and Privacy (ATIP) Section reports to the Assistant Director, Policy and Strategic Partnerships via the Director General, Litigation and Disclosure Branch. The ATIP Section has an establishment of 15 employees to fulfill the Service’s obligations under the Access to Information and Privacy Acts. The CSIS Legal Services Branch provides legal advice as required.
When fully staffed, the ATIP Section is comprised of a Chief ATIP, a Deputy Chief, three unit Heads, nine Analysts and one Officer. All staff in the ATIP Section are fully dedicated to the administration of the ATIP program within CSIS, providing high-quality and timely responses to our clients. During this reporting period, 13 positions were filled. One Unit Head position was vacant as was one analyst position.

Listed below are the ATP Section’s responsibilities vis-à-vis the Access to Information Act:

• receive and process all requests in accordance to the Act;
• assist requesters in formulating their requests when required;
• gather all pertinent records and ensure that the search for information is rigorous and complete;
• assess fees;
• conduct the initial record review and provide recommendations to the program areas;
• conduct all internal and external consultations;
• consolidate the recommendations;
• apply all discretionary and mandatory exemptions under the Act;
• assist the Office of the Information Commissioner (OIC) in all access to information related matters including complaints against the Service;
• represent the Service in access to information litigation cases;
• coordinate the annual Info Source update and submission to Treasury Board Secretariat (TBS);
• prepare the annual report on the administration of Act;
• provide ongoing advice and guidance to senior management and departmental staff on all matters related to the access to information program;
• promote access to information awareness and training sessions within the department to ensure all staff are aware of the obligations imposed by the legislation;
• monitor departmental compliance with the Act, regulations and relevant procedures and policies;
• respond to consultations received from external organizations;
• maintain the Service’s public reading room;
• develop and maintain access to information policies and guidelines;
• participate in ATIP community activities, such as the annual Canadian Access and Privacy Association (CAPA) conference, TBS ATIP community meetings and various working groups; and
• ensure that all TBS Management Accountability Framework (MAF) expectations for the Access to Information and Privacy Acts are met.

Delegation of Authority

In accordance with section 73 of the Access to Information Act, a delegation order signed by the Minister of Public Safety Canada designates the persons holding the positions of Director of CSIS, the Assistant Director Policy and Strategic Partnerships, the Director General Litigation and the Chief ATIP to exercise and perform the duties of the Minister as head of the institution. The order was issued on September 27, 2011, by the Minister of Public Safety Canada, the Honourable   Vic Toews.

Number of Requests

During this reporting period, CSIS received a total of 488 requests. In addition, 46 requests were carried over from the previous reporting period for a total of 534 requests. Of these, 473 were completed and 61 were carried over to the next reporting period.  The subject matter of the requests covered mainly Intelligence Reports and Security Threat Assessments.
A total of 290 consultations were received from other government organizations, 79 consultations were carried over from the previous reporting period for a total of 369 consultations. Of these, 316 were completed and 53 were carried over to the next reporting period.

The following table outlines the cycle of ATI requests at CSIS for the last three years.

Fiscal Year	2012-2013	2011-2012	2010-2011
Requests Received	488	229	263
Requests Carried Over	46	36	33
Requests Completed	473	219	260
Consultations Received	290	325	257
Informal Requests	245	3	0

Sources of Requests

Of the 488 new requests received, 162 came from the media, 37 from academia, 36 from business, 3 from organization and 250 from the public.
The following represents a breakdown of the sources of requests received during the fiscal year:

• 33% of the requests came from the Media;
• 8% of the requests came from the Academia;
• 8% of the requests came from Business;
• Less than .01% of the requests came from Organizations; and
• 51% of the requests came from the Public.

Disposition of Completed Requests

The disposition of the 473 requests completed in 2012-2013 was as follows:

• 4 were fully disclosed;
• 118 were disclosed in part;
• 2 were excluded;
• 2 were transferred;
• 245 were treated informally;
• 14 were exempted in their entirety;
• 65 no records response; and
• 23 were abandoned.   

The following is a breakdown of the completed requests of the last three fiscal years.

Fiscal Year	2012-2013	2011-2012	2010-2011
All discloseds	4	1	6
Disclosed in part	118	99	86
Excluded	2	0	1
Transferred	2	3	4
Informal	245	3	0
All exempted	14	12	17
No records	65	84	65
Abandoned	23	17	23

Completion Rate

During the 2012-2013 fiscal year, the CSIS ATIP Section completed the 473 requests within the following time frames:

• 130 completed in 0 to 15 days;
• 162 completed in 16 to 30 days;
• 60 completed in 31 to 60 days;
• 78 completed in 61 to 120 days;
• 32 completed in 121 to 180 days;
• 9 completed in 181 to 365 days; and                         
• 2 completed over 365 days.

The following is a breakdown of the completion rate:

• 27% of the requests were completed in 0 to 15 days;
• 34% of the requests were completed in 16 to 30 days;
• 13% of the requests were completed in 31 to 60 days;
• 17% of the requests were completed in 61 to 120 days;
• 7% of the requests were completed in 121 to 180 days;
• 2% of the requests were completed in 181 to 365 days; and                        
• less than 0.05% of the requests were completed over 365 days.

Exemptions Invoked

The ATIP Section invoked exemptions under the Act a total of 565 times, as follows:

• 45 times under paragraph 13(1)(a) (information obtained in confidence);
• 3 times under paragraph 13(1)(b) (information obtained in confidence);
• 11 times under paragraph 13(1)(c) (information obtained in confidence);
• 5 times under paragraph 13(1)(d) (information obtained in confidence);     
• 37 times under section 15 (international affairs);
• 8 times under section 15 (defence of Canada);
• 139 times under section 15 (subversive activities);
• 3 times under subparagraph 16(1)(a)(i) (law enforcement and investigations);
• 15 times under subparagraph16(1)(a)(ii) (law enforcement and investigations);
• 64 times under subsection 16(1)(a)(iii) (law enforcement and investigations);
• 13 times under paragraph 16(1)(b) (law enforcement and investigations);
• 52 times under paragraph 16(1)(c) (law enforcement and investigations);
• 2 times under paragraph 16(1)(d) (law enforcement and investigations);
• 7 times under paragraph 16(2)(a) (vulnerabilities);
• 5 times under paragraph 16(2)(c) (vulnerabilities);
• 1 time under section 17 (safety of individuals);
• 1 time under subsection 18(a) (economic interests of Canada);
• 1 time under subsection 18(d) (economic interests of Canada);
• 97 times under subsection 19(1) (personal information);
• 3 times under paragraph 20(1)(b) (third party information);
• 1 time under paragraph 20(1)(c) (third party information);
• 1 time under paragraph 20(1)(d) (third party information);
• 19 times under paragraph 21(1)(a) (advice, etc.);
• 19 times under paragraph 21(1)(b) (advice, etc.);
• 2 times under paragraph 21(1)(c) (advice, etc.);
• 2 times under paragraph 21(1)(d) (advice, etc.);
• 1 time under section 22 (testing procedures, tests and audits);
• 1 time under subsection 22.1(1) (internal audits);
• 9 times under section 23 (solicitor-client privilege); and
• 17 times under subsection 24(1) (statutory prohibitions against disclosure.

Exclusions Cited

The ATIP Section invoked exclusions under the Act a total of 16 times, as follows:   

• 1 time under subsection 68(a) (Act does not apply to certain materials) information);
• 1 time under paragraph 69(1)(a) (confidences of the Queen’s Privy Council for Canada);
• 1 time under paragraph 69(1)(d) (confidences of the Queen’s Privy Council for Canada);
• 3 times under paragraph 69(1)(e) (confidences of the Queen’s Privy Council for Canada); and
• 10 times under paragraph 69(1)(g) (confidences of the Queen’s Privy Council for Canada).

Format of Information Released

During this reporting period, the Service disclosed the information in the following format:

• 112 times paper format; and
• 10 times in other formats.

Deemed Refusals

Three requests were closed past the statutory deadlines. All three were responded to within 15 days after falling into deemed refusal. They were delayed for other reasons.
Six requests were carried over in deemed refusal.

Translation of Requests

No requests for translation were received.

Extensions

During this reporting period, 87 extensions were taken for the following reasons:

• 33 extensions under paragraph 9(1)(a) (interference with operations);
• 2 extensions under paragraph 9(1)(b) (section 69);
• 48 extensions under paragraph 9(1)(b) (other); and
• 4 extensions under paragraph 9(1)(c) (third party notice).

Length of Extensions

During the 2012-2013 fiscal year, the CSIS ATIP Section completed the extensions within the following time frames:

• 8 completed in 30 days or less;
• 22 completed in 31 to 60 days;
• 32 completed in 61 to 120 days;
• 20 completed in 121 to 180 days;
• 5 completed in 181 to 365 days; and                         
• None went over 365 days.

Fees

The Service collected a total of $1,326 in fees. The fees were divided as follows:

• $1,005 in application fees;
• $50 for search;
• $90 for preparation; and
• $181 in reproduction charges.

A total of $4,455 in fees were waived or refunded:

• $135 in application fees; and
• $4,320 in reproduction fees.

Consultations Received from Other Government Institutions

During this reporting period:

• 290 consultation requests were received;
• 79 consultation requests were outstanding from the previous reporting period;
• 316 consultation requests were closed; and
• 53 consultation requests were carried over to the next reporting period.

A of total of 63,584 pages were reviewed and 12,803 pages were pending review.

Completion Time for Consultations Received from Other Government Institutions

During the 2012-2013 fiscal year, the CSIS ATIP Section completed the consultations within the following time frames:

• 41 completed in 0 to 15 days;
• 74 completed in 16 to 30 days;
• 62 completed in 31 to 60 days;
• 48 completed in 61 to 120 days;
• 32 completed in 121 to 180 days;
• 47 completed in 181 to 365 days; and                                   
• 12 completed in more than 365 days.

Consultations Received from Other Organizations

No consultations were received from other organizations.

Completion Time of Consultations on Cabinet Confidences

During this reporting period, 4 consultations responses were received from the Privy Council Office (PCO). One response was received past the deadline. The consultations were completed within the following time;

• 2 were completed in 0 to 15 days;
• None were completed in 16 to 30 days;
• 1 was completed in 31 to 60 days;
• 1 was completed in 61 to 120 days;
• None completed in 121 to 180 days;
• None completed in 181 to 365 days; and                              
• None took more than 365 days.

Costs Related to the Administration of the Access to Information Act

During the 2012-2013, the ATIP Section incurred an estimated $568,990 in salaries, $651 in overtime costs and $4,305 in goods and services for a total of $573,946.

Other Requests

The ATIP Section also acted as a resource for CSIS officials and offered advice and guidance on the provisions of the legislation. The ATIP Section was consulted on issues relating to a range of matters such as the MAF assessments, information management issues, security of information, draft policies and memoranda of understanding.

Highlights and Accomplishments for 2012-2013

This fiscal year’s on-time completion rate is 96%.

Education and Training

During the 2012-2013 reporting period, the ATIP Section continued to conduct awareness sessions for all new employees. Additional awareness sessions were also provided to a number of managers and specialized groups.
Over the reporting period, 7 briefing sessions were given to 164 participants. The purpose of the sessions was to provide participants with an overview of the Access to Information and Privacy Acts, to promote a better understanding of their obligations and the process within CSIS.

Significant Changes to Organization, Programs, Operations or Policy
None to report.

Overview of New or Revised Access to Information Act-related Policies and Procedures Implemented
None to report.

Changes As a Result of Issues Raised by the Office of the Information Commissioner
None to report.

Changes As a Result of Issues Raised by Other Agents of Parliament
None to report.

Complaints and Investigations

A total of 15 complaints were filed with the OIC in 2012-2013. Twelve were related to exemptions, 1 incomplete search, 1 time extension and 1 time delay.
During this time period, 13 complaints were closed as follows:

• 10 were not well founded; and
• 3 were well founded but resolved without recommendations.

A total of 25 complaints remain active.

Federal Court Cases

There are no pending cases against the Service. 
The Supreme Court of Canada dismissed the application for leave to appeal in Jim Bronskill v. Minister of Canadian Heritage et al., thereby endorsing the Federal Court of Appeal’s decision in the Thomas Clement Douglas matter.

2012-2013 Statistical report on the Access to Information Act

Name of the institution: Canadian Security Intelligence Service

Reporting period: 01 April 2012 to 31 March 2013

Part 1 – Requests under the Access to Information Act

1.1 Number of Requests

	Number of Requests
Received during reporting period	488
Outstanding from the previous period	46
Total	534
Closed during reporting period	473
Carried over to the next period	61

1.2 Sources of requests

Source	Number of Requests
Media	162
Academia	37
Business (Private Sector)	36
Organization	3
Public	250
Total	488

Part 2 – Requests closed during the reporting period

2.1 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	1	2	0	0	1	0	0	4
Disclosed in part	5	35	14	29	24	9	2	118
All exempted	2	7	3	2	0	0	0	14
All excluded	0	0	1	0	1	0	0	2
No records exist	35	25	3	2	0	0	0	65
Request transferred	2	0	0	0	0	0	0	2
Request abandoned	19	3	0	1	0	0	0	23
Treated informally	66	90	39	44	6	0	0	245
Total	130	162	60	78	32	9	2	473

2.2 Exemptions

Section	Number of requests
13(1)(a)	45
13(1)(b)	3
13(1)(c)	11
13(1)(d)	0
13(1)(e)	0
15(1) - Internationales Affairs	37
15(1) - Defence of Canada	8
15(1) - Subversive Activities	139
16(1)(a)(i)	3
16(1)(a)(ii)	15
16(1)(a)(iii)	64
16(1)(b)	13
16(1)(c)	52
16(1)(d)	2
16(2)(a)	7
16(2)(b)	0
16(2)(c)	5
16(3)	0
16(1)(a)(i)	0
16.1(1)(a)	0
16.1(1)(b)	0
16.1(1)(c)	0
16.2(1)	0
16.3	0
16.4(1)(a)	0
16.4(1)(b)	0
16.5	0
17	1
18(a)	0
18(b)	1
18(c)	0
18(d)	1
18.1(1)(a)	0
18.1(1)(b)	0
18.1(1)(c)	0
16.1(1)(d)	0
19(1)	97
20(1)(a)	0
20(1)(b)	3
20(1)(b).1	0
20(1)(c)	1
20(1)(d)	1
20.1	0
20.2	0
20.4	0
21(1)(a)	19
21(1)(b)	19
21(1)(c)	2
21(1)(d)	2
22	1
22.1(1)	1
23	9
24(1)	17
26	0

2.3 Exclusions

Section	Number of requests
68(a)	1
68(b)	0
68(c)	0
68.1	0
68.2(a)	0
68.2(b)	0
69(1)(a)	1
69(1)(b)	0
69(1)(c)	0
69(1)(d)	1
69(1)(e)	3
69(1)(f)	0
69(1(g) re (a)	2
69(1(g) re (b)	0
69(1(g) re (c)	4
69(1(g) re (d)	0
69(1(g) re (e)	3
69(1(g) re (f)	1
69.1(1)	0

2.4 Format of information released

Disposition	Paper	Electronic	Other formats
All disclosed	0	0	4
Disclosed in part	112	0	6
Total	112	0	10

2.5 Complexity

2.5.1 Relevant pages processed and disclosed

Disposition of requests	Number of pages processed	Number of pages disclosed	Number of requests
All disclosed	1590	1078	4
Disclosed in part	18211	8096	118
All exempted	541	0	14
All excluded	239	0	2
Requests abandoned	844	0	23

2.5.2 Relevant pages processed and disclosed by size of requests

Disposition	Less than 100 pages processed		101 to 500 pages processed		501 to 1000 pages processed		1001 to 5000 pages processed		More than 5001 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	3	739	1	339	0	0	0	0
Disclosed in part	81	1904	27	3136	7	1572	3	1484	0	0
All exempted	12	0	2	0	0	0	0	0	0	0
All excluded	1	0	1	0	0	0	0	0	0	0
Abandoned	22	0	0	0	1	0	0	0	0	0
Total	116	1904	33	3875	9	1911	3	1484	0	0

2.5.3 Other complexities

Disposition	Consultation required	Assessment of fees	Legal advice sought	Other	Total
All disclosed	1	3	0	4
Disclosed in part	59	19	0	151
All exempted	1	0	0	5
All excluded	1	0	0	2
Abandoned	1	7	0	10
Total	63	29	0	172

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline

Number of requests closed past deadline	Principal Reason
	Workload	External consultation	Internal consultation	Other
3	0	0	0	3

2.6.2 Number of days past deadline

Number of days past deadline	Number of requests past deadline where no extension was taken	Number of requests past deadline where an extension was taken	Total
1 to 15 days	0	3	3
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	3	3

2.7 Requests for translation

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

Part 3 – Extensions

3.1 Reasons for extensions and disposition of requests

Disposition of request where an extension was taken	9(1)(a) Interference with operations	9(1)(a) Consultation		9(1)(c) Third party notice
		Section 69	Other
All disclosed	0	0	1	0
Disclosed in part	28	2	45	4
All exempted	2	0	1	0
All excluded	0	0	1	0
No records exist	2	0	0	0
Requests abandoned	1	0	0	0
Total	33	2	48	4

3.2 Length of extensions

Length of extensions	9(1)(a) Interference with operations	9(1)(a) Consultation		9(1)(c) Third party notice
		Section 69	Other
30 days or less	5	1	2	0
31 to 61 days	16	0	6	0
61 to 120 days	10	0	22	0
121 to 180 days	1	1	16	2
181 to 365 days	1	0	2	2
More than 365 days	0	0	0	0
Total	33	2	48	4

Part 4 - Fees

Fee Type	Fee Collected		Fee Waived or Refunded
	Number of requests	Amount	Number of requests	Amount
Application	201	$1.005	27	$135
Search	1	$50	0	$0
Production	0	$0	0	$0
Programming	0	$0	0	$0
Preparation	2	$90	0	$0
Alternative format	0	$0	0	$0
Reproduction	0	$181	216	$4,320
Total	6	$1,326	243	$4,455

Part 5 – Consultations received from other institutions and organizations

5.1 Consultations received from other government institutions and organizations

Consultations	Other governments institutions	Number of pages to review	Other organizations	Number of pages to review
Received during the reporting period	290	27129	0	0
Outstanding from the previous reporting period	79	36455	0	0
Total	369	63584	0	0
Closed during the reporting period	316	50781	0	0
Pending at the end of the reporting period	53	12803	0	0

5.2 Recommendations and completion time for consultations received from other government institutions.

Recommendation	Number of days required to complete consultation request
	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	7	8	10	3	0	0	0	28
Disclose in part	29	60	46	40	32	46	11	264
Exempt entirely	2	4	5	1	0	1	0	13
Exclude entirely	0	0	0	0	0	0	0	0
Consult other institution	0	0	0	0	0	0	0	0
Other	3	2	1	4	0	0	1	11
Total	41	74	62	48	32	47	12	316

5.3 Recommendations and completion time for consultations received from other organizations.

Recommendation	Number of days required to complete consultation request
	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

Part 6 - Completion time of consultations on Cabinet confidences

Number of days	Number of response received	Number of responses received past deadline
1 to 15	2	0
16 to 30	0	0
31 to 60	1	0
61 to 120	1	1
121 to 180	0	0
181 to 365	0	0
More than 365 days	0	0
Total	4	1

Part 7 – Resources related to the Access to Information Act

7.1 Costs

Expenditures	Amount
Salaries	$568,990
Overtime	$651
Goods and Services	$4,305
Professional services contracts	$0
Other	$4,305
Total	$573,946

7.2 Human Resources

Resources	Dedicated full-time to ATI activities	Dedicated part-time to ATI activities	Total
Full time employees	15.00	0.00	15.00
Part-time employees	0.00	0.00	0.00
Regional staff	0.00	0.00	0.00
Consultants and agency personnel	0.00	0.00	0.00
Students	0.00	0.00	0.00
Total	15.00	0.00	15.00