Annual Report to Parliament 2021–2022 on the Access to Information Act: Women and Gender Equality Canada

Introduction

The Access to Information Act (ATIA) provides Canadian citizens, permanent residents, and individuals and corporations present in Canada the right to access records under the control of government institutions. This right is 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 on the disclosure of government information should be reviewed independently of government.

This annual report on the administration of the Access to Information Act describes how the Department for Women and Gender Equality (WAGE) fulfilled its responsibilities under the Access to Information Act during the reporting period of April 1, 2021 to March 31, 2022.

The Minister for Women and Gender Equality and Youth, as head of WAGE, is required to prepare an annual report on the administration of the Act. This report is prepared and tabled in Parliament in accordance with section 94 of the Access to Information Act. Furthermore, pursuant to Standing Order 32(1) and section 20 of the Service Fees Act, all fees collected must be stated in the statistical report.

Women and Gender Equality Canada Mandate

The mandate of Women and Gender Equality Canada (WAGE) is to advance equality with respect to sex, sexual orientation, and gender identity or expression. WAGE also works to promote a greater understanding of the intersection of sex and gender with other identity factors. These factors include but are not limited to race, national and ethnic origin, Indigenous origin or identity, age, sexual orientation, socioeconomic condition, place of residence, and disability.

The vision of WAGE is a Canada where people of all genders, including women, are equal in every way and can achieve their full potential.

WAGE works to advance gender equality through an intersectional gendered lens. Working in partnership with key stakeholders, including civil society organizations, labour groups, the private sector, other orders of government, and First Nations, Inuit, and Métis peoples, WAGE actively promotes the inclusion of all people in Canada’s economic, social, and political life. WAGE works to uphold its mandate of advancing gender equality by performing a central coordination function within the Government of Canada, developing and implementing policies, providing grants and contributions, delivering programs, investing in research, and providing advice to achieve equality for people of all genders, including women.

Organizational structure

The Access to Information and Privacy (ATIP) Office is part of the Corporate Secretariat. This office is responsible for implementing and managing programs and services relating to WAGE’s administration of the Access to Information Act and the Privacy Act, as well as providing advice to WAGE’s employees as they fulfill their obligations under both Acts.

In the 2021–2022 fiscal year, the ATIP Office consisted of an ATIP manager and ATIP analysts at various levels. The ATIP manager acts on behalf of the Minister for Women and Gender Equality and Youth to ensure that the Department’s responsibilities under the Access to Information Act, the Privacy Act, and the Service Fees Act are met. The ATIP manager reports directly to the Corporate Secretary.

In 2021–2022, the ATIP office had two areas of responsibility, which included the following key activities:

Privacy management

• Provision of advice on privacy matters, both internally and externally to the Department
• Development of procedures to optimize operational performance
• Promotion of awareness on privacy considerations
• Privacy issues management
• Provision of advice and reviews of proactive disclosures

ATIP operations

• Provision of training and expertise on access to information for internal clients
• Processing of access to information and privacy requests formally received under the Acts
• Consultations with government organizations and/or third parties
• Response to calls and informal requests for information
• Point of contact to resolve formal complaints by oversight bodies
• Dialogue with sectors and other federal government institutions
• Provision of advice and guidance related to proactive disclosures under the Access to Information Act
• Preparation of WAGE’s annual reports to Parliament on the administration of the Acts

Delegation order

The Minister for Women and Gender Equality and Youth has delegated the responsibilities associated with the administration of the Access to Information Act to WAGE officials through a delegation order, which can be found in Appendix A.

Performance 2021–2022

During 2021–2022, the Access to Information and Privacy (ATIP) Office received sixty-one (61) new requests, closed forty-seven (47) requests, carried over twenty-two (22) requests, completed thirty-nine (39) consultations with other Government of Canada institutions, and completed three (3) informal requests. The ATIP Office reviewed 3562 pages during 2021–2022, responded to eleven (11) parliamentary questions related to ATIP, and worked on thirty-five (35) proactive disclosures.

The cost of operating the program was $139,227 for the 2021–2022 fiscal year.

Interpretation of the statistics for requests under the Access to Information Act

The annual statistical report for the 2021–2022 fiscal year is included at the end of this chapter (attached as Appendix B). The additional Supplemental Statistical Report on the Impact of COVID-19 table is included as Appendix C of this report in accordance with Treasury Board of Canada Secretariat requirements. The latter report identifies the impact of COVID-19 measures on WAGE’s performance for 2021–2022.

The following chart (Chart 1) provides a yearly comparison of request categories.

Source of requests

During the 2021-2022 fiscal year, members of the public were the largest group of requesters, followed by the media.

Chart 2 provides a comparison of source of requests with previous years.

Informal requests

WAGE received three (3) informal requests for the 2021–2022 fiscal year.

Decline to act, vexatious, made in bad faith, or abuse of right requests

WAGE did not decline to act on any requests or receive requests that may be considered as vexatious, made in bad faith, or otherwise an abuse of the right to make a request for access to records for the 2021–2022 fiscal year.

Requests closed during the reporting period

Disposition and Completion Time of Requests Closed and Carried Forward

Forty-seven (47) requests were closed during this fiscal year, and twenty-two (22) requests were carried forward to be completed in the 2022–2023 fiscal year.

Table 1 provides the disposition of the number of requests completed.

Extensions

The time limits were extended for twenty-one (21) requests; they were extended due to interference with the operations of the Department, external consultations with other government institutions, and third-party notices.

Chart 3 provides a yearly comparison in terms of extensions taken.

Method of access

Access to the relevant documents was given in whole or in part for thirty-three (33) requests. No paper copies were provided, as records were provided in an electronic format in all thirty-three (33) cases.

Fees

Application fees of $110 were collected for 22 of the 61 requests received over this period. The total amount of fees waived was $190, and we refunded $5.

Reporting on access to information fees for the purpose of the service fees Act

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution. The following information is reported in accordance with the requirements of section 20 of the Service Fees Act.

In accordance with the Interim Directive on the Administration of the Access to Information Act, issued on May 5, 2016, and the changes to the Access to Information Act that came into force on June 21, 2019, WAGE waived all fees prescribed by the Act and Regulations, other than the $5 application fee set out in paragraph 7(1)(a) of the Regulations.

Training and awareness

There were two (2) formal training activities provided during the reporting period. In addition, there were six (6) requests for advice and guidance that were actioned during the fiscal year for internal and/or external clients.

Policies, guidelines, procedures, and initiatives

WAGE continued to strengthen departmental processes and timelines for ATIP requests and build the capacity of the ATIP team.

Summary of key issues and actions taken on complaints or audits

Applicants have the right to register a complaint with the Office of the Information Commissioner (OIC) regarding any matter related to the processing of their requests.

The Department received zero (0) complaints during the 2021–2022 fiscal year.

No audits relating to the administration of ATIP legislation were concluded during the reporting period.

Monitoring time to process requests

A status report of all requests is prepared on a weekly basis for review and oversight by the Corporate Secretary, and for WAGE’s senior management.

Supplemental statistical report on the impact of covid-19 on the access to Information act

In addition to completing the forms for the statistical report on the Access to Information Act for 2021–2022, institutions were asked to complete a supplemental report to help identify the impact of COVID-19 measures on institutional performance for 2021–2022 and going forward. The supplemental statistical report can be found in Appendix C.

During the 2021–2022 reporting period, the Department was able to continue to provide Canadians with the right of access pursuant to the Access to Information Act.  

Appendix A: Delegation order

The responsibilities associated with the administration of the Access to Information Act are delegated to departmental officials through a delegation order signed by the Minister for Women and Gender Equality, currently Minister for Women and Gender Equality and Youth.

Department For Women and Gender Equality

Access to Information Act and Privacy Act Delegation Order

The Minister for Women and Gender Equality and Youth, pursuant to section 95 of the Access to Information Act and section 73 the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers and functions of the Minister as the head of a government institution. This Delegation Order supersedes all previous Delegation Orders.

Appendix B: access to Information Act annual statistical report

April 1, 2021–March 31, 2022

Statistical Report on the Access to Information Act

Name of institution: Women and Gender Equality

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

Section 1: Requests Under the Access to Information Act

Section 2: Informal Requests

Section 3: Applications to the Information Commissioner on Declining to Act on Requests

Section 4: Requests Closed During the Reporting Period

* I.A.: International Affairs, Def.: Defence of Canada, S.A.: Subversive Activities

4.5 Complexity 

4.6 Closed requests

4.7 Deemed refusals 

Section 5: Extensions

Section 6: Fees

Section 7: Consultations Received From Other Institutions and Organizations

Section 8: Completion Time of Consultations on Cabinet Confidences

Section 9: Investigations and Reports of finding

Section 10: Court Action

Section 11: Resources Related to the Access to Information Act

11.1 Allocated Costs

Appendix C: Access to Information Act supplemental statistical report on the impact of covid-19

April 1, 2021–March 31, 2022

Section 1: Capacity to Receive Requests under the Access to Information Act and the Privacy Act

Enter the number of weeks your institution was able to receive ATIP requests through the different channels

Section 2: Capacity to Process Records under the Access to Information Act and the Privacy Act

2.2 Enter the number of weeks your institution was able to process electronic records in different classification levels

Section 3: Open Requests and Complaints Under the Access to Information Act

3.1 Enter the number of open requests that are outstanding from previous reporting periods.

Row 8, Col. 3 of Section 3.1 must equal Row 7, Col. 1 of Section 1.1 of the 2021-2022 Statistical Report on the Access to Information Act

3.2 Enter the number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods.

Section 4: Open Requests and Complaints Under the Privacy Act

4.1 Enter the number of open requests that are outstanding from previous reporting periods.

Row 8, Col. 3 of Section 4.1 must equal Row 7, Col. 1 of Section 1.1 of the 2021-2022 Statistical Report on the Privacy Act

4.2 Enter the number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods.

Section 5: Social Insurance Number (SIN)