2021 to 2022 Annual Report on the Access to Information Act

On this page

• Introduction
• Purpose of the Access to Information Act
• Mandate of the Treasury Board of Canada Secretariat
• Delegation order
• Organizational structure
• Statistical report
• Interpretation of the Statistical Report for the Access to Information Act
• Impact of COVID‑19-related measures
• Impact of TBS’S COVID‑19 initiatives
• Part 2 of the Access to Information Act and proactive publication of information
• Education, training, and awareness
• Monitoring
• Technology and innovation
• Access to Information initiatives with the Office of the Chief Information Officer
• Departmental complaint with the Office of the Information Commissioner of Canada
• Information about programs and information holdings
• Appendix A: Delegation Order – Access to Information Act
• Appendix B: Statistical Report on the Access to Information Act
• Appendix C: Supplemental Statistical Report on the Access to Information Act and the Privacy Act

Introduction

The Treasury Board of Canada Secretariat (TBS) is pleased to present to Parliament its annual report on the administration of the Access to Information Act for 2021–22 (April 1, 2021, to March 31, 2022).

This report is prepared and tabled in accordance with the following:

• section 94 of the Access to Information Act, which requires that the head of every federal institution prepare and submit an annual report to Parliament on the administration of the act in the institution during the fiscal year
• section 20 of the Service Fees Act, which requires that a responsible authority report annually to Parliament on the fees collected by institutions

Purpose of the Access to Information Act

The purpose of the Access to Information Act is to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society and to enable public debate on the conduct of those institutions. To further that purpose:

• Part 1 extends the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with 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 about the disclosure of government information should be reviewed independently of government
• Part 2 sets out requirements for the proactive publication of information

Mandate of the Treasury Board of Canada Secretariat

As the administrative arm of the Treasury Board, TBS has a dual mandate: to support the Treasury Board as a committee of ministers and to fulfill the statutory responsibilities of a central government agency. The Treasury Board’s mandate is derived from the Financial Administration Act.

To fulfill its mandate, TBS organizes its business and resources around four core responsibilities:

• spending oversight
• administrative leadership
• employer
• regulatory oversight

TBS provides advice and support to Treasury Board ministers in their role of ensuring value for money. TBS also provides oversight of the financial management functions in federal institutions.

TBS makes recommendations and provides advice to the Treasury Board on policies, directives, regulations, and program expenditure proposals with respect to the management of the government’s resources. TBS is responsible for the general management of government-wide initiatives, issues and activities (as reported in the Main Estimates).

The offices of the following government officials are part of TBS:

• the Comptroller General of Canada
• the Chief Human Resources Officer of Canada
• the Chief Information Officer of Canada

The Comptroller General is responsible for the comptrollership function of government and provides government-wide leadership, direction, oversight and capacity‑building for financial management, internal audit, and the management of assets and acquired services.

The Chief Human Resources Officer provides government-wide leadership:

• on people management through policies, programs and strategic engagement
• by centrally managing labour relations, compensation, pensions and benefits
• by contributing to the management of executives

The Chief Information Officer provides government-wide leadership, direction, oversight and capacity‑building for information management, information technology, government security (including identity management), access to information, privacy and internal and external service delivery.

Delegation order

Pursuant to subsection 95(1) of the Access to Information Act, the President of the Treasury Board has delegated the powers, duties and functions for the administration of the Access to Information Act to the following TBS officials:

• the Secretary of the Treasury Board
• the Assistant Secretary of Strategic Communications and Ministerial Affairs
• the Senior Director of Ministerial Services
• the Director of Access to Information and Privacy
• managers of the Access to Information and Privacy (ATIP) office (sections 19, 23, and 27)
• team leaders of the ATIP office (sections 19 and 23)

Certain administrative functions are also delegated to managers, team leaders and officers to accelerate the processing of requests.

The delegation order was signed on February 2, 2022, and a copy can be found in Appendix A.

Organizational structure

The ATIP office is part of the Ministerial Services Division of TBS’s Strategic Communications and Ministerial Affairs Sector.

The ATIP office is responsible for:

• implementing and managing programs and services related to TBS’s administration of the Access to Information Act and the Privacy Act
• providing advice to TBS employees as they fulfill their obligations under both acts

The ATIP office is led by a director who is supported by three managers. Each of these managers oversees a unit that is responsible for a different functional area:

• ATIP Intake and Governance Unit
• ATIP Operations Unit
• Privacy Policy Unit

The ATIP Intake and Governance Unit and the ATIP Operations Unit work together closely to process ATIP requests, and the Privacy Policy Unit supports sector officials on privacy‑related matters.

In total, 23 full‑time employees at various levels administered the Access to Information Act and the Privacy Act in 2021–22, with the support of one part-time university student.

There were significant changes in 2021–22 as TBS welcomed a new:

• President of the Treasury Board
• Secretary of the Treasury Board
• Chief Information Officer of Canada
• Chief Human Resources Officer of Canada

The most significant change impacting the ATIP office this year was a change in directorship in November 2021.

Figure 1 shows the roles of the individuals and teams involved in processing ATIP requests at TBS. The ATIP office has three functional units. Sector liaison officers, although not part of the ATIP office, also play an important role in processing requests because they coordinate ATIP activities in their sector.

Figure 1 - Text version

The ATIP Director is supported by three units: the ATIP Intake and Governance Unit, the ATIP Operations Unit and the Privacy Policy Unit.

The ATIP Intake and Governance Unit coordinates and reviews documents for proactive disclosure and receives ATIP requests from the public and consultation requests from other departments. The unit also liaises with sectors to obtain and retrieve documents needed to process ATIP requests, and prepares reports on performance, using data in the ATIP software. The unit is comprised of 8 employees and 1 student.

The ATIP Operations Unit reviews documents to be sent in response to requests made under the Access to Information Act and Privacy Act and consults any required parties. The unit liaises with the Office of Information Commissioner and the Office of the Privacy Commissioner to resolve complaints and reviews records for parliamentary Motions for the Production of Papers. The Operations Unit is comprised of 9 employees.

The Privacy Policy Unit advises and supports TBS officials to ensure compliance with the Privacy Act and related policy instruments. The unit also supports TBS officials to ensure that individuals’ privacy rights are respected in the delivery of programs and activities. Lastly, the unit supports the ATIP Director in their role as delegate responsible for section 10 of the Privacy Act. The Privacy Policy Unit is comprised of 6 employees.

As aforementioned, the ATIP sector liaison officers are not part of the ATIP office. They support the ATIP program by coordinating ATIP activities in their sector.

Section 96 of the Access to Information Act allows government institutions to provide services related to access to information to another government institution that is presided over by the same minister. In 2021–22, the ATIP office did not provide any such services.

Statistical report

Statistical reports prepared by government institutions provide aggregate data on the application of the Access to Information Act and the Privacy Act. This information is made public annually in a statistical report that is included with the annual reports on access to information and privacy tabled in Parliament by each institution. TBS’s statistical report on the Access to Information Act for 2021–22 is in Appendix B.

This year, institutions were required to report on the following additional criteria:

• their capacity to receive requests and process records
• open requests from previous reporting periods
• open complaints from previous reporting periods
• new authorities to collect or use social insurance numbers

The 2021–22 Supplemental Statistical Report on the Access to Information Act and Privacy Act is in Appendix C.

The following sections contain:

• highlights of TBS’s performance in 2021–22 in relation to its obligations under the Access to Information Act
• analyses of the notable statistical data for this year compared with previous years

Interpretation of the Statistical Report for the Access to Information Act

Part 1: requests received and carried forward

Access to Information Act requests

In 2021–22, TBS received a total of 435 requests under the Access to Information Act, which represents a 33% increase compared to the total of 328 in 2020–21. This increase is partially attributed to the implementation of the Policy on COVID‑19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police, which was a significant initiative that resulted in 91 requests or 21% of all requests received in 2021–22.

The number of requests carried forward increased from 165 in 2020–21 to 172 in 2021–22. This increase reflects the fact that the number of pages requested and the complexity of the review process have increased significantly. This trend is anticipated to continue in upcoming fiscal years due to ongoing interest in complex departmental initiatives which involve a high volume of records.

Figure 2 shows the number of requests TBS received each year and the number of requests carried forward for 2017–18 to 2021–22.

Figure 2 - Text version

Fiscal year	Requests received	Requests carried forward
2017–18	574	150
2018–19	564	196
2019–20	380	154
2020–21	328	165
2021–22	435	172

Channels of requests

Pursuant to section 6 of the Access to Information Act, requests must be submitted by applicants in writing.

Requests can be submitted via the Access to Information and Personal Information Online Request Service (AORS) or by email. Requests can also be sent by mail or submitted in person.

Most requests are submitted electronically to TBS. In 2021–22, 366 requests were submitted via AORS and 65 requests were submitted by email and this represented 99% of the 435 requests received by TBS.

Sources of requests

Of the 435 requests received in 2021–22, 72% were submitted by applicants who self-identified as members of the public (244) and individuals who declined to identify themselves (68). The remaining requests were submitted by applicants who self-identified as belonging to the following categories: media (45), businesses (39), academia (28) and organizations (11).

While the most frequent source of requests remains members of the public, the number of requests originating from individuals identifying as the media decreased from 82 requests in 2020–21 to 45 requests in 2021–22, a 45% decrease. Similarly, the number of individuals who declined to identify themselves increased from 52 requests in 2020–21 to 68 requests in 2021–22, a 31% increase.

Figure 3 shows the percentage of access to information requests received by source.

Figure 3 - Text version

Source	Requests	Distribution
Public	244	56%
Decline to identify	68	16%
Media	45	10%
Business	39	9%
Academia	28	6%
Organization	11	3%

Part 2: requests completed

Access to information requests completed

In 2021–22, TBS completed 428 requests, which is an increase of 35% compared to the 317 requests completed in 2020–21.

Figure 4 shows the number of access to information requests TBS completed each year from 2017–18 to 2021–22.

Figure 4 - Text version

Fiscal year	Requests completed	Pages processed
2017–18	557	75958
2018–19	518	46241
2019–20	420	39174
2020–21	317	65676
2021–22	428	72420

Disposition of requests completed

The following is a breakdown by disposition of the 428 requests completed in 2021–22:

• 117 requests had no records
• 63 requests were abandoned by the applicant
• 85 requests contained records that were disclosed entirely
• 159 requests contained records that were partially disclosed
• 4 requests contained records that were fully exempted or excluded

The 85 requests that were disclosed entirely in 2021–22 represent an increase of 31% from the 65 requests disclosed entirely in 2020–21. However, the number of requests that were partially disclosed decreased by 9% from 174 in 2020–21 to 159 in 2021–22.

Of the requests that fell within TBS’s mandate, for a significant proportion of them, the records were only partially disclosed because of the nature of TBS’s business, which involves Cabinet confidences, sensitive advice and recommendations to the President of the Treasury Board.

Figure 5 shows the percentage of access to information requests by disposition for 2021–22.

Figure 5 - Text version

Disposition	Distribution
Disclosed in part	37%
No records exist	27%
All disclosed	20%
Request abandoned	15%
Excluded	1%
Exempted
Transferred
Neither confirmed nor denied

Note: No requests were transferred or neither confirmed nor denied and only one request was exempted. As a result, those dispositions are not found in the pie chart.

Table 1: number of requests and percentage of total requests by disposition, 2019–20 to 2021–22

Disposition of request	2019–20		2020–21		2021–22
	Number of requests	Percentage of total	Number of requests	Percentage of total	Number of requests	Percentage of total
All disclosed	91	22%	65	20%	85	20%
Disclosed in part	211	50%	174	55%	159	37%
All exempted	5	1%	0	0%	1	0%
All excluded	16	4%	2	1%	3	1%
No existing records	67	16%	56	18%	117	27%
Request abandoned	30	7%	20	6%	63	15%
Transferred to other institution	0	0%	0	0%	0	0%
Neither confirmed nor denied	0	0%	0	0%	0	0%
Total	420	100%	317	100%	428	100%

Exemptions

The Access to Information Act exempts certain information from being disclosed. In 2021–22, 160 requests contained information that was subject to exemptions under the act and this information was not disclosed. A request may have multiple exemptions applied resulting in a greater number of exemptions invoked than redacted requests. Most requests were subject to exemptions because the records requested contained the following information:

• information related to the internal decision‑making processes of government (181 applications) (section 21 of the act)
• personal information (89 applications) (section 19 of the act)
• third-party business information (48 applications) (section 20 of the act)
• law enforcement and security information (45 applications) (section 16 of the act)

Exclusions

The Access to Information Act does not apply to or exclude Cabinet confidences. Many TBS documents are classified as Cabinet confidences because TBS provides administrative support to the Treasury Board Cabinet committee and provides a central agency challenge function for cabinet submissions of other government institutions. Records that are publicly available (for example, government publications and records in libraries or museums) are also excluded.

A request may have multiple exclusions applied resulting in a greater number of exclusions invoked than redacted requests. In 2021–22, a total of 53 requests contained information that was subject to exclusions:

• confidences of the Queen’s Privy Council (136 applications) (section 69 of the act)
• published material (one application) (subsection 68(a) of the act)

Pages processed and disclosed

TBS completed 428 requests in 2021–22, which involved processing 72,420 pages and five data sets. This represents an increase of 10% in the number of pages processed compared to 2020–21. In 2021–22, 96 of the 428 completed requests involved processing more than 100 pages, which is an increase of 60% compared to the 60 such requests completed in 2020–21.

Figure 6 shows, for 2017–18 to 2021–22, the number of access to information requests TBS completed and the number of pages processed.

Figure 6 - Text version

Fiscal year	Requests completed	Pages processed
2017–18	557	75,958
2018–19	518	46,241
2019–20	420	39,174
2020–21	317	65,676
2021–22	428	72,420

Figure 7 shows the average number of pages processed for each completed request. While the number of pages processed per request decreased 18% from 2020–21 to 2021–22, it remains 22% higher than the five-year average of 139 pages processed per request.

Figure 7 - Text version

Fiscal year	Average number of pages processed
2017–18	136
2018–19	89
2019–20	93
2020–21	207
2021–22	169

Complexity

As a central agency involved in implementing government-wide policies, TBS records frequently require consultation with other federal institutions before disclosure because these records contain information originating from or of interest to those institutions. Of the 244 requests that were fully or partially disclosed, 70 (or 29%) required formal consultation with other institutions. In addition to the formal consultation process, an additional 81 requests involved information about other federal institutions that required 1,736 informal notifications before disclosure. This informal notification process allows TBS to consult more quickly with relevant federal institutions.

On October 6, 2021, TBS implemented the Policy on COVID‑19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police. The implementation of this policy resulted in 91 requests or 21% of all requests received in 2021–22. Of these 91 requests, 14 were identified as highly complex because they required consultation with one or more federal institutions, and the records required a complex analysis involving multiple exemptions.

Format of information released

The ATIP office has continued to provide clients with access to government records in electronic formats. In 2021–22, TBS released information exclusively in electronic formats for all 244 requests for which records were disclosed. This is consistent with 2020–21 when information was also released exclusively in electronic formats.

Requests for translation

Consistent with previous fiscal years, TBS did not receive, nor did it process any requests in 2021–22 that required translation of responsive records.

Part 3: on-time compliance rate, completion times and extensions

On-time compliance rate

The on-time compliance rate is the percentage of requests responded to within their legislative timelines, including requests for which the institution invoked legislative extensions.

In 2021–22, TBS’s ATIP office achieved a 90.2% on-time compliance rate. Several factors contributed to this rate, such as:

• the refinement of digital ATIP procedures
• the issuing of weekly statistical reports on performance
• strong case file management
• regular information sessions with TBS officials

Sustained focus on closing older requests and requests under complaint with the Office of the Information Commissioner of Canada (OIC) had an impact on the overall compliance rate in 2021–22. This focus will continue. It is anticipated that compliance may decrease in subsequent fiscal years as TBS strives to reduce the number of requests that are carried forward, and works to resolve complaints filed with the OIC.

In addition to processing older requests, both the elevated average number of pages for requests and the high frequency of complex records are factors that had an impact on the overall compliance rate.

Figure 8 shows the impact of the increasing average number of pages processed for completed requests on the on‑time compliance rate and on the percentage of completed requests that require an extension.

Figure 8 - Text version

Fiscal year	Average number of pages processed	Percentage of requests completed that required an extension	Percentage of requests completed within legislated timelines (on-time completion rate)
2017–18	136	56%	93%
2018–19	89	70%	97%
2019–20	93	74%	91%
2020–21	207	83%	81%
2021–22	169	44%	90%

Deemed refusals

In 2021–22, TBS closed 42 requests that exceeded the legislated deadline and were in deemed refusal. This represents a 31% decrease compared to the 61 requests that were in deemed refusal and that were closed in 2020–21.

With the exception of 2020–21 when the COVID‑19 pandemic was responsible for a significant proportion of requests in deemed refusal, workload and interference with operations continue to be the primary reasons why requests are not completed within legislated deadlines at TBS. In 2021–22, 28 requests – or 67% of all late requests – were closed because of workload and interference with operations.

Time it takes to complete requests

Of the 428 requests closed this year, 54% were closed within 30 days, which is a significant increase from last year’s rate of 36%. This change is partially attributed to the fact that TBS received an increased number of requests for which records did not exist. Additionally, there were 85 requests that did not require consultation with other federal institutions. The ATIP office was therefore able to address these requests within 15 or 30 days of receipt.

As a result of procedural efficiencies in 2020–21, the number of requests that took more than 120 days decreased by 20% from 92 in 2020–21 to 74 in 2021–22.

Figure 9 shows the time it took to complete access to information requests in 2021–22.

Figure 9 - Text version

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
58	174	36	86	26	24	24

Table 2: requests completed by time it takes to complete request, 2019–20 to 2021–22

Time to complete request	2019–20		2020–21		2021–22
	Number of requests	Percentage of total	Number of requests	Percentage of total	Number of requests	Percentage of total
1 to 15 days	33	8%	28	9%	58	14%
16 to 30 days	101	24%	85	27%	174	41%
31 to 60 days	51	12%	40	13%	36	8%
61 to 120 days	131	31%	72	23%	86	20%
121 to 180 days	71	17%	42	13%	26	6%
181 to 365 days	21	5%	29	9%	24	6%
More than 365 days	12	3%	21	7%	24	6%
Note: Percentages may not add up to 100% due to rounding.

Reasons for extensions

The legislation sets timelines for responding to access to information requests and allows for extensions in any of the following cases:

• when complying with the timeline would result in interference with operations
• when a consultation with other institutions is required
  • or
• when a third-party consultation is required

In 2021–22, TBS invoked extensions for 186 completed requests or 44% of all requests completed. Extensions were primarily invoked for the purposes of consulting with other government institutions, legal services or third parties. In some cases, extensions were invoked because there was a large volume of records and complying with the original time limit would have unreasonably interfered with operations.

Figure 10 shows the extensions invoked for access to information requests completed in 2021‑22.

Figure 10 - Text version

Extension Type	Number	Percentage
Consultation (paragraph 9(1)(b) of the act)	171	57%
Interference with operations (paragraph 9(1)(a) of the act)	98	32%
Third-party notification (paragraph 9(1)(c) of the act)	33	11%

Note: Each request can qualify for multiple extension types, which may result in a greater number of extensions invoked than the number of requests that were extended.

Length of extensions

In 2021–22, TBS closed 186 requests for which extensions had been invoked.

Figure 11 illustrates the different types of extensions invoked for access to information requests completed in 2021–22.

Figure 11 - Text version

Length of extension	Volume and interference	Consultation	Third-party notification
30 days or less	25	21	0
31 to 60 days	10	65	8
61 to 120 days	26	54	11
121 to 180 days	20	14	6
181 to 365 days	12	15	7
More than 365 days	5	2	1

Note: Each request can qualify for multiple extension types, which may result in a greater number of extensions invoked than the number of requests that were extended.

Part 4: informal requests

In order to submit a formal request under the Access to Information Act, applicants must pay a $5 fee. The institution receiving the request is required by law to provide a response within 30 calendar days of receipt, and applicants have a right to file a complaint with the OIC.

As part of providing Canadians with relevant information on an informal and timely basis, and in the spirit of transparency and open government, TBS processes informal requests for information. Informal requests at TBS are predominantly re-releases of completed formal requests. Unlike formal requests, informal requests:

• are not covered under the Access to Information Act
• do not require an application fee
• do not have legislative deadlines
• do not provide applicants with a right to file a complaint with the OIC

Informal requests received

In 2021–22, TBS received a total of 84 informal requests.

This number represents an increase of 68% in informal requests received compared to the 50 informal requests received in 2020–21; however, the number of informal requests received in 2020–21 and 2021–22 is less than half the number that were received in 2019–20.

Figure 12 shows the number of informal requests received from 2019–20 to 2021–22.

Figure 12 - Text version

Fiscal Year	Informal requests received
2019-2020	211
2020-2021	50
2021-2022	84

Informal requests completed

While informal requests are not subject to the same legislated time frames as formal requests made under the act, TBS strives to complete informal requests as quickly as possible. In 2021–22, TBS was able to complete 71% of informal requests within 30 days and 91% of such requests within 60 days.

In 2021–22 TBS completed 91 informal requests. This number represents an increase of 44% in informal requests completed compared to the 63 informal requests completed in 2020–21.

Figure 13 shows the number of informal requests completed from 2019–20 to 2021–22.

Figure 13 - Text version

Fiscal year	Informal requests received
2019–20	213
2020–21	63
2021–22	91

Informal pages released

TBS released 13,491 pages pursuant to informal requests in 2021–22.

This number represents an increase of 277% compared to the 3,575 pages reviewed in 2020–21. Although there was a modest increase in the number of informal requests received, the effort to respond to informal requests was significantly greater in 2021–22 compared to 2020–21.

Figure 14 shows the number of pages released for informal requests completed from 2019–20 to 2021–22.

Figure 14 - Text version

Fiscal year	Pages released
2019–20	24,646
2020–21	3,575
2021–22	13,491

Part 5: consultations from other government institutions and organizations

Consultation requests from other Government of Canada institutions and other organizations

Consultation requests received and carried forward

TBS received 167 consultation requests from other government institutions in 2021–22 in addition to 33 consultation requests received from the previous fiscal year. This represents a 13% increase in the number of consultation requests received compared to the 148 received in 2020–21.

While the number of consultation requests received from other federal departments increased in 2021–22 relative to the previous fiscal year, TBS continues to receive significantly fewer consultation requests compared to the years before the start of the COVID‑19 pandemic.

TBS had an additional 14 consultation requests that total 3,413 pages, which remained active at the end of 2021–22 and which will be carried forward to 2022–23.

Figure 15 shows, for 2017–18 to 2021–22, the number of consultation requests TBS received each year. The number of consultation requests has not returned to the levels observed before the start of the COVID‑19 pandemic.

Figure 15 - Text version

Fiscal year	Consultation requests received
2017–18	220
2018–19	301
2019–20	381
2020–21	148
2021–22	166

Consultation requests completed and pages processed

TBS completed 186 consultation requests in 2021–22 and processed 7,084 pages for these requests. This number of pages represents a 62% increase compared to the 4,398 pages processed in 2020–21.

Figure 16 shows, for 2017–18 to 2021–22, the number of consultation requests TBS completed each year and the number of pages processed. Since TBS has received fewer consultation requests, the number of pages processed for consultation requests has not returned to the levels observed before the start of the COVID‑19 pandemic.

Figure 16 - Text version

Fiscal year	Consultation requests completed	Pages processed
2017–18	216	9,331
2018–19	272	9,126
2019–20	385	12,233
2020–21	149	4,398
2021–22	186	7,084

Completion time for consultations received from other Government of Canada institutions and other organizations

Of the 186 consultation requests completed this year, 61% were completed within 30 days and 92% were completed within 60 days.

Figure 17 shows the number of consultation requests completed by the time it took to complete the request.

Figure 17 - Text version

Completion time	Number of requests
1 to 15 days	36
16 to 30 days	78
31 to 60 days	57
61 to 120 days	14
121 to 180 days	1
181 to 365 days	0
More than 365 days	0

Part 6: consultations on Cabinet confidences

Consultations with legal services

As the administrative arm of the Treasury Board, TBS provides support to Treasury Board ministers. As such, the requests TBS receives often contain information that is subject to Cabinet confidence and that requires consultation with TBS’s legal services unit in accordance with the Policy on Access to Information.

In 2021–22, TBS consulted with its legal services unit on 29 requests to evaluate information that could be subject to Cabinet confidence. This number of consultations is a 22% decrease compared to the 37 Cabinet confidence consultations conducted in 2020–21. This reduction is likely attributable to increased outreach activities with applicants by the ATIP office on the nature and impacts of Cabinet confidence in order to speed up the processing of requests.

Figure 18 shows the number of consultations on Cabinet confidences completed by completion time.

Figure 18 - Text version

Completion time	Number of requests
1 to 15 days	25
16 to 30 days	4

Consultations with the Privy Council Office

No requests processed by TBS in 2021–22 required consultation on Cabinet confidence with the Privy Council Office.

Impact of COVID‑19-related measures

In response to the public health measures implemented to minimize the effects of the COVID‑19 pandemic, TBS primarily operated remotely in 2021–22. The ATIP office had unrestricted access to the TBS virtual private network (VPN) and ATIP office employees were able to work onsite for operational reasons. The ATIP office was at full operational capacity throughout the year apart from four weeks in winter 2022 when there were demonstrations in the National Capital Region. During this four-week period, the ATIP office’s capacity to receive paper documents or process Secret documents was reduced.

The ATIP office continued to modernize and enhance its procedures to:

• reflect the realities of a new digital environment
• ensure that requests were processed efficiently and within legislative deadlines to the extent possible

The procedural adaptations and digital transformation that occurred in 2020–21 as a result of the COVID‑19 pandemic and the associated public health measures enabled the ATIP office to:

• mitigate the impacts of the COVID‑19 pandemic on TBS’s operations in 2021–22
• meet or exceed productivity metrics

Although the ATIP office has put in place many efficiencies, it is also seeking to recruit additional staff to support its operations and develop technical solutions that will enhance its productivity.

In this regard, the ATIP office has demonstrated that the ATIP business line is conducive to remote work and can meet or exceed pre-pandemic productivity metrics. In 2021–22, the ATIP office completed 428 requests while working remotely, eight more than the number completed in 2019–20. Furthermore, the ATIP office processed 72,420 pages for requests completed in 2021–22 and 65,676 pages for requests completed in 2020–21. This represents an increase of 70% and 54% respectively compared to the average of 42,707 pages processed in the two years immediately preceding the COVID‑19 pandemic. The ATIP office had comparable resourcing from 2018–19 to 2021–22.

Figure 19 shows, for 2017–18 to 2021–22, the number of requests TBS completed each year and the number of pages it processed for those requests.

Figure 19 - Text version

Fiscal year	Requests completed	Pages processed
2017–18	557	75,958
2018–19	518	46,241
2019–20	420	39,174
2020–21	317	65,676
2021–22	428	72,420

Impact of TBS’S COVID‑19 initiatives

In support of the Government of Canada’s response to the COVID‑19 pandemic, TBS implemented or supported a number of significant initiatives that had a high impact on Canadians in 2021–22. These initiatives include but are not limited to:

• the Policy on COVID‑19 Vaccination for the Core Public Administration including the Royal Canadian Mounted Police
• the COVID Alert application
• other leave with pay (code 699)
• guidance on telework

From an operational perspective, these initiatives were of significant interest to Canadians, and resulted in 91 requests or 21% of all requests received in 2021–22. More importantly, these requests resulted in more than 110,000 pages of responsive documents, which is 52% greater than the total number of 72,420 pages reviewed in 2021–22.

Part 2 of the Access to Information Act and proactive publication of information

The ATIP office proactively publishes information for:

• the President of the Treasury Board
• the Minister of Digital Government (this position no longer exists within TBS with the appointment of the Cabinet following the 2021 election)
• the deputy heads at TBS:
  • the Secretary
  • the Comptroller General of Canada
  • the Chief Human Resources Officer of Canada
  • the Chief Information Officer of Canada

The ATIP office leads the publication of certain requirements for proactive publication of information under Part 2 of the Access to Information Act, except for information about contracts and reclassification. This work includes creating procedural guides on proactive publication; providing training to TBS staff; coordinating with the web team; and translating, editing and reviewing all documents before publication.

The following information is published by the ATIP office as part of proactive publication.

Transition binders: In 2021–22, there were three transition binders consisting of a total of 1,143 pages that were published for the incoming:

• President of the Treasury Board
• Chief Human Resources Officer of Canada
• Chief Information Officer of Canada

Of the three binders, one was fully disclosed while the remaining two had to be redacted to protect:

• information related to ongoing investigations
• the competitive position of Canada
• personal information
• internal government decision-making
• privileged solicitor-client information
• Cabinet confidences

Additionally, a new Secretary of the Treasury Board was appointed in January 2022, and the corresponding transition binder consisted of 291 pages. This material was published in 2022–23 and will be reflected in more detail in that annual report.

Memoranda titles: In 2021–22, 256 memoranda titles were published, but some titles required redactions to protect:

• information related to the economic interests of Canada
• internal government decision-making
• personal information
  • or
• privileged solicitor-client information

Parliamentary committee appearance binders: In 2021–22, TBS published 10 parliamentary committee appearance binders which required the processing of 1,989 pages. The publication of appearance binders requires detailed review, consultation and coordination within TBS. Of the 10 binders, four were fully disclosed. The remaining six had to be redacted to protect:

• internal government decision-making
• privileged solicitor-client information
  • or
• Cabinet confidence

Question Period notes: In 2021–22, 20 question period notes consisting of 108 pages were published for the President of the Treasury Board and the Minister of Digital government.

Travel and hospitality: In 2021–22, there were seven publications relating to travel and hospitality.

In addition to legislative requirements under Part II of the act, the ATIP office also supports proactive publication activities within TBS. In 2021–22, the ATIP office received 18 requests to review materials before publication that consisted of documents and data sets equivalent to 5,878 pages of records.

Finally, in accordance with the Directive on Access to Information Requests, the ATIP office publishes summaries of completed access to information requests monthly. A total of 356 summaries were published in 2021–22.

Education, training, and awareness

In 2021–22, the ATIP office continued to provide regular advice and guidance to sector officials while also expanding the outreach activities and formal training sessions provided to TBS employees. In addition to the regular support provided by the ATIP office to sectors processing ATIP requests, the ATIP office was formally consulted on 86 initiatives in 2021–22. Furthermore, 17 separate sessions on access and privacy legislation as they relate to ATIP requests were provided to 446 employees. Some of the sessions were tailored to the needs of specific teams and sectors.

As part of its training program, the ATIP office launched its ATIP sector liaison officer engagement strategy in 2021–22. The strategy aims to promote awareness and provide tools to sector officials to increase the efficiency of the ATIP process. Under this strategy, the ATIP office developed several tutorial videos to help sector officials prepare responses to the ATIP office. The ATIP office also held quarterly information sessions with ATIP coordinators throughout TBS and information management officials in order to promote awareness of ATIP activities. These sessions ensured the broad distribution of ATIP-related tools and were delivered to 122 participants.

For International Right to Know Day and Data Privacy Day, the ATIP office conducted sessions to promote management practices and principles related to access to information and privacy.

Table 5 outlines specific training initiatives conducted by the ATIP office in 2021–22.

Monitoring

The ATIP office produces a variety of regular and ad hoc reports to monitor TBS’s compliance with the Access to Information Act and the Privacy Act. In 2021–22, the ATIP office increased its emphasis on data analytics with the intent of identifying emerging trends and promoting procedural efficiencies. The ATIP office developed individualized sector performance reports aimed at creating awareness within sectors of their performance with respect to their ATIP obligations. The ATIP office also worked closely with sectors that experience high volumes of ATIP requests in an effort to coordinate and expedite responses from those sectors. This new engagement with sectors is intended to support the sharing of existing compliance data, which were shared weekly with program areas and senior management in previous years.

Technology and innovation

The onset of the COVID‑19 pandemic has significantly altered the way in which ATIP offices interact with their clients who seek to contact departments digitally rather than by conventional delivery methods, such as physical mail. In 2020–21 and 2021–22, TBS did not receive any requests to issue records by mail, which indicates the extent of Canadians’ digital preferences.

The COVID‑19 pandemic accelerated TBS’s transition to a digital environment, which required procedural modifications along with the integration of secure electronic delivery mechanisms, such as epost Connect and the expanded AORS platform. In 2021–22, responses to applicants were delivered via their preferred method. Of the 244 requests completed that had responsive records, 67 requests (27%) were delivered via epost Connect while the remaining 177 requests (73%) were delivered via email. The ATIP office will continue to prioritize technological innovations aimed at improving ATIP service delivery.

Access to Information initiatives with the Office of the Chief Information Officer

As the President of the Treasury Board is the Minister responsible for the Access to Information Act, the Office of the Chief Information Officer (OCIO) at TBS leads the development of digital tools used by ATIP offices across the Government of Canada. As such, the ATIP office often provides advice and support in the development of these tools.

Departmental complaint with the Office of the Information Commissioner of Canada

As the designated Minister for the Access to Information Act, the President of the Treasury Board has prescribed duties in providing guidance and support to departmental ATIP offices. OCIO is responsible for providing the ATIP community with guidance and support on behalf of the President of the Treasury Board.

In summer 2020, following the onset of the COVID‑19 pandemic, the Office of the Information Commissioner of Canada (OIC) notified TBS that it had received a complaint that TBS had failed to provide adequate support to government institutions throughout the pandemic, contrary to the principles of openness and transparency. The allegation was that this consequently resulted in the right of access of Canadians being impeded across the Government of Canada.

In winter 2022, the OIC concluded its investigation into this matter and determined that the complaint was not well-founded. The investigation conducted by the OIC demonstrated that TBS was actively engaged with institutions in reminding them of their obligations under the legislation and clarifying relevant policy requirements.

Information about programs and information holdings

TBS publishes an inventory of its information holdings, as well as relevant details about personal information under its control.

The primary purpose of this inventory is to assist individuals in exercising their rights under the Access to Information Act and the Privacy Act. This inventory also supports the federal government’s commitment to facilitate access to information on its activities, since it is available to the public on the Internet.

A description of TBS’s functions, programs, activities and related information holdings can be found on Sources of Federal Government and Employee Information: Treasury Board Secretariat.

Appendix A: Delegation Order – Access to Information Act

I, undersigned, President of the Treasury Board, pursuant to section 95 of the Access to Information Act hereby designate the ATIP Advisors, the Access to Information and Privacy Team Leader, the Access to Information and Privacy Manager, the Access to Information and Privacy Director of Ministerial Services, the Senior Director of Ministerial Services, the Assistant Secretary, Strategic Communications and Ministerial Services and the Secretary, or person occupying those positions on an acting basis, to exercise signing authorities or perform any of the President’s powers, duties or function as head of institution that are specified in the attached Schedule A. This designation replaces all previous delegation orders.

Original signed by

The Honourable Mona Fortier
President of the Treasury Board
Date: 2022-02-02

Schedule A: sections of the Access to Information Act to be delegated

Appendix B: Statistical Report on the Access to Information Act

Name of institution: Treasury Board of Canada Secretariat

Reporting period: 2021-04-01 to 2022-03-31

Appendix C: Supplemental Statistical Report on the Access to Information Act and the Privacy Act

Name of institution: Treasury Board of Canada Secretariat

Reporting period: 2021-04-01 to 2022-03-31

© His Majesty the King in Right of Canada, represented by the President of the Treasury Board, 2022,
Catalogue No.BT1-5/1E-PDF, ISSN: 2371-2910