Annual Report to Parliament 2023–2024 on the Access to Information Act

Introduction

Women and Gender Equality Canada (WAGE) is pleased to present to Parliament its Annual Report on the Administration of the Access to Information Act (ATIA), in accordance with section 94 of the Access to Information Act and section 20 of the Service Fees Act. The report describes how WAGE fulfilled its responsibilities and obligations for the reporting period of April 1, 2023, to March 31, 2024.

ISSN 2817-6405

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. In furtherance of that purpose:

• Part 1 provides a right of access to information (ATI) 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 on the disclosure of government information should be reviewed independently of government
• Part 2 sets out requirements for the proactive publication of specific information known to be of interest to the public in order to provide greater transparency and accountability for the use of public funds

Mandate of Women and Gender Equality Canada

WAGE advances equality with respect to sex, sexual orientation, and gender identity or expression through the inclusion of women and 2SLGBTQI+ people in every aspect of Canada’s social, economic, and political life.

For more information about WAGE, click here to visit our website.

Organizational Structure

The Access to Information and Privacy (ATIP) Office is responsible for the administration of the Access to Information Act and the Privacy Act, and the Briefing and Correspondence Unit is responsible for the coordination and monitoring of the proactive publications legislated in Part 2 of the Access to Information Act. Both units are part of the Corporate Secretariat at WAGE, and both responsible managers report directly to the Corporate Secretary.

Structure of the Access to Information and Privacy Office

The ATIP coordinator at WAGE is the manager of the ATIP Office. 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 Office is responsible for the administration of the Access to Information Act and the Privacy Act, and they also serve as the centre of ATIP expertise within WAGE. Activities include:

• providing timely and complete responses to requests made under the Access to Information Act and Privacy Act, as well as assisting clients in accordance with the Principles for Assisting Requesters
• processing consultation requests received from other institutions, providing recommendations on the disclosure of information of primary interest to WAGE
• representing the Department in resolving complaints filed with the Information Commissioner and Privacy Commissioner
• providing advice and guidance to senior management and all employees of the Department on ATIP-related matters, including privacy policy advisory services related to the safeguarding of personal information
• delivering training sessions to departmental employees on their obligations under the ATIP legislation and related policies, as well as on departmental procedures
• reviewing proactive publication material and providing recommendations regarding disclosure within the spirit of the Access to Information Act

At the end of the reporting period, the ATIP Office was comprised of four members: the ATIP manager and three ATIP analysts at various levels. Additional resources for fiscal year 2023–24 included a part-time student to assist with the workload and the services of a consultant to provide privacy expertise when needed.

WAGE was not a party to any service agreements under section 96 of the Access to Information Act during this reporting period.

Structure of Proactive Publication

WAGE’s structure for the proactive publications legislated in Part 2 of the Access to Information Act is as follows:

• The Briefing and Correspondence Unit is responsible for:
  • briefing materials for a new or incoming minister or deputy minister (paragraphs 74(a) and 88(a))
  • titles and reference numbers of memoranda (paragraphs 74(b) and 88(b))
• Parliamentary Affairs and Cabinet Operations is responsible for:
  • Question Period notes (paragraph 74(c))
  • briefing materials for parliamentary committee appearances (paragraphs 74(d) and 88(c))
• The Corporate Services Branch is responsible for:
  • travel expenses (sections 75 and 82)
  • hospitality expenses (sections 76 and 83)
  • contracts over $10,000 (sections 77 and 86)
• The ATIP Office and the Planning, Results and Integration Division are responsible for:
  • reports tabled in Parliament (section 84)
• The Human Resources Branch is responsible for:
  • the reclassification of positions (section 85)
• The Programs Branch is responsible for:
  • grants and contributions over $25,000 (section 87)

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. At WAGE, the ATIP manager has full delegated authority.

Performance 2023–24

This section highlights key information on the Department’s performance for fiscal year 2023–24. See Appendix B for the complete statistical report and Appendix C for the supplemental ATIP statistical report.

Overview of Formal Requests Received and Completed

WAGE received 44 formal requests under the Access to Information Act in 2023–24. This was in addition to the 3 requests carried forward from the previous reporting period, for a total of 47 active requests.

Of these 47 requests, 44 were completed during the reporting period. The remaining three requests were carried over to the 2024–25 fiscal year. All three requests were received in fiscal year 2023–24, and at the end of the reporting period, one was still within the legislated timeline, and the other two were beyond the legislated timeline.

Of the 44 requests closed, 42 requests were completed within the legislated timelines under the Act. WAGE’s compliance rate increased compared to the previous fiscal year, from 71.2% in fiscal year 2022–23 to 95.5% for this reporting period.

Although the number of requests completed was down from previous fiscal years, the number of pages processed continues to grow. Furthermore, request processing has become more complex, not only because of the increased volume of records retrieved but also because of the current social context. With the rise in hate against 2SLGBTQI+ communities, files that used to be routine are now considered sensitive and complex, as they require additional considerations such as the impact of disclosure on the operations of stakeholders and on the safety of individuals.

Of the 44 requests closed this reporting period, 55% were released in part (24), 16% were released in full (7), 11% of the requests returned no existing records (5), 9% received a “neither confirm nor deny” response (4), and 9% were abandoned (4).

Extensions and Processing Time

Under specific circumstances, the Act contains provisions for departments to extend the legislated deadline if a request cannot be completed within the 30-day time limit.

In 2023–24, WAGE invoked extensions for 15 of the 44 completed requests. Extensions were primarily invoked for the purposes of consultation that could not reasonably be completed within the original time limit (eight cases). In five instances, extensions were required because there was a large volume of records and complying with the original time limit would have unreasonably interfered with operations, and in three others, to follow the notification process with a third party. More than one type of extension may apply to the same request.

During the reporting period, the Department was able to close a total of 64% of requests in 30 days or less (28), 11% between 31 and 60 days (5), 11% between 61 and 120 days (5), and 14% between 121 and 365 days (6). No request took more than 365 days to complete.

Consultations From Other Institutions

During the reporting period, WAGE received 17 consultations from other institutions, and one was carried forward from the previous year, for a total of 18 active consultations. All 18 were completed during the reporting period, providing recommendations on 740 pages.

Of the 18 consultation requests, 12 were answered within 15 days, 3 were answered within 16 to 30 days, 2 were answered within 31 to 60 days, and 1 was answered within 61 to 120 days.

Unless it is voluminous, WAGE’s service standard to respond to consultations received from other institutions is three weeks.

Informal Requests

The Department proactively publishes summaries of completed access to information requests on the Open Government Portal. Members of the public can submit informal requests for a copy of previously released information without having to pay the application fee. During 2023–24, WAGE received and responded to 19 such informal requests.

Summary of Key Issues and Actions Taken on Complaints

Every individual who makes a request under the Access to Information Act has the right to file a complaint with the Office of the Information Commissioner of Canada regarding any matter relating to the processing of their request. 

WAGE had no outstanding complaints from previous fiscal years.

Two new complaints were received during this reporting year. Both complaints alleged that WAGE refused access to information requested, either by applying exemptions under the Act or by not conducting a reasonable search for records.

No complaints were resolved during this reporting period.

Reporting on Access to Information Fees for the Purposes 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.

With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act:

• Enabling authority: Access to Information Act
• Fee payable: A $5.00 application fee is the only fee charged for an ATI request
• Total revenue: $210 was collected
• Fees waived or refunded: $10 was waived, and no fee was refunded
• Cost of operating the program: $403,807

Policies, Guidelines, Procedures, and Initiatives to Improve Access to Information

During fiscal year 2023–24, WAGE continued work on their evergreen work plan to optimize internal guidance documents, procedures, and tools to ensure compliance and efficiency. Consultations with the departmental ATIP liaison working group were conducted to assist in these efforts, as well as to foster greater understanding of each team’s unique perspective and to enhance collaboration.

WAGE acquired new request processing software (ATIPXpress) and initiated its implementation during this reporting period. Having modern technology will enable the ATIP Office to manage information more effectively, process requests more efficiently, and better equip itself to address current and future challenges. The new software should be fully operational in the next reporting period.

WAGE is committed to ATIP practices that advance Indigenous reconciliation. To facilitate access to culturally appropriate personal information services for Indigenous requesters, the ATIP Office has undertaken focused learning in alignment with Access to Information and Privacy Implementation Notice 2023-01: Advancing Reconciliation with Indigenous Peoples by Providing Culturally Appropriate Services.

Proactive Publication Under Part 2 of the Access to Information Act

For the purposes of Part 2 of the ATIA, Women and Gender Equality Canada is a government institution listed in Schedule I of the Financial Administration Act. WAGE published 100% of proactive publication requirements during the reporting period within the legislated timelines.

Training and Awareness

Access to Information Requests

Within the first three months of employment, all new WAGE employees must take the Access to Information and Privacy Fundamentals course offered by the Canada School of Public Service. Topics include:

• reviewing current legislation and related policies
• processing access to information requests effectively
• protecting personal information
• understanding the requirements concerning the collection, use, communication, retention, and disposal of personal information

In addition, employees are invited to participate in departmental ATIP Essentials training sessions. During the past fiscal year, the ATIP Office delivered nine training sessions to 147 employees. 

Furthermore, the employees of the ATIP Office regularly provide informal training on the application of ATIP legislation to departmental employees who retrieve and review relevant records requested under the Acts.

Proactive Publication

Training and awareness are achieved through conversations with the sectors responsible for proactive publication requirements.

Monitoring Compliance

Access to Information Requests and Inter-institutional Consultations

The ATIP team meets daily to ensure that all requests are on track and that deadlines will be met. This also provides an opportunity to discuss issues that have arisen and for analysts to receive guidance on the processing of their requests.

A report of active access to information requests is prepared on a weekly basis for review and oversight by the Corporate Secretary, and for WAGE’s senior management. This report is also used by the ATIP Office to identify frequently requested types of information that would prompt the Department to assess the feasibility of making that information available by other means.

Consistent with the requirement to provide timely access to requested records, WAGE limits inter-institutional consultation to only when required for the proper exercise of discretion or when there is an intention to disclose.   

Accuracy and Completeness of Proactively Published Information Under Part 2 of the Act

The Corporate Secretariat, Corporate Services Branch, Human Resources Branch, and Programs Branch have developed suitable processes for extracting real-time data from different departmental systems, including financial and corporate correspondence management systems. Data generated from individual systems are converted into reports and manually verified and validated by each responsible sector to ensure accuracy. The ATIP Office reviews the material and provides recommendations regarding disclosure prior to its publication.

Once validations have been completed by the branches, approvals are sought from senior management. Every level of the production and approval process is rigorously tracked by a critical path to ensure compliance with the posting date.

Contracts, Information-Sharing Agreements, and Information-Sharing Arrangements

WAGE uses standard clauses to ensure that the right of public access to information is reflected in contracts, information-sharing agreements, and information-sharing arrangements.

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 and Youth.

Department for Women and Gender Equality

Access to Information Act and Privacy Act Delegation

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.

Dated this 28 day of March 2022

Dated this 28 day of March 2022

Appendix B: Statistical Report on the Access to Information Act

April 1, 2023 – March 31, 2024

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

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

April 1, 2023-March 3,2024

Section 2: Open Requests and Complaints Under the Privacy Act

Section 3: Social Insurance Number (SIN)

Section 4: Universal Access under the Privacy Act