Annual Report to Parliament on the Administration of the Access to Information Act 2014-2015

Chapter I – Report on the Access to Information Act

About Public Safety Canada

Public Safety Canada plays a key role in discharging the Government's fundamental responsibility for the safety and security of its citizens. The Department of Public Safety and Emergency Preparedness Act 2005 and the Emergency Management Act 2007, set out two essential roles for the Department: (i) to support the Minister's responsibility for all matters, except those assigned to another federal minister, related to public safety and emergency management, including national leadership and (ii) to coordinate the efforts of Portfolio agencies as well as provide guidance on their strategic priorities. The Department provides strategic policy advice and support to the Minister of Public Safety and Emergency Preparedness on a range of issues, including national security, border strategies, countering crime and emergency management. While Portfolio agencies deliver public security operations according to their mandates, Public Safety Canada, in its portfolio coordination role, brings strategic focus to the overall safety and security agenda. The Department also delivers a number of grant and contribution programs to Canadians related to emergency management and community safety. In addition, Public Safety Canada's Government Operations Centre provides strategic level coordination and direction on behalf of the Government of Canada in response to events that affect the national interest. Through the development and implementation of clearly articulated policies and programs, the Department works towards the achievement of its strategic outcome: “A safe and resilient Canada”. Public Safety Canada is structurally organized into five branches: Emergency Management and Programs, Community Safety and Countering Crime, Portfolio Affairs and Communications, National and Cyber Security, Corporate Management and it also has a Chief Audit and Evaluation Executive. The Branches are supported by the Legal Services Unit. The Department has regional presence in all provinces, as well as in the North. Public Safety Canada's regional offices are a primary contact in the regions to deliver a coordinated federal response to emergencies; facilitate the effective delivery of emergency management, Aboriginal policing and crime prevention programs; and improve partnerships with other levels of government and key regional stakeholders.

About the Public Safety Portfolio

The Public Safety Portfolio encompasses nine organizations which directly contribute to the safety and security of Canadians. In addition to Public Safety Canada, the Portfolio includes: Canada Border Service Agency (CBSA); Canadian Security Intelligence Service (CSIS); Correctional Service of Canada (CSC); Parole Board of Canada (PBC); and the Royal Canadian Mounted Police (RCMP). It also includes three arm's length review bodies: the RCMP External Review Committee; Civilian Review and Complaints Commission for the RCMP and the Office of the Correctional Investigator. Each organization in the portfolio administers its own access to information and privacy programs, under authorities delegated to them by the Minister.

About the Access to Information Act

The Access to Information Act was implemented on July 1, 1983. The goal of the Act was to help further the democratic process by promoting transparency and accountability of government to the Canadian citizenry. The Access to Information Act creates an enforceable right of access to records under the control of a government 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 with regard to disclosure of government information should be reviewed independently of government.

Section 72 of the Access to Information Act requires that the head of every government institution submit an annual report to Parliament on the administration of the Act during the financial year. This report outlines how Public Safety Canada administered the Access to Information Act throughout fiscal year 2014-2015.

The Access to Information and Privacy (ATIP) Team

The Access to Information and Privacy Operations Unit (ATIP Operations Unit) and the Policy, Privacy and Training Unit (PPTU) are part of Public Safety Canada's ATIP and Executive Services Division within the Department's Portfolio Affairs and Communications Branch. In fiscal year 2014-2015, Public Safety Canada provided permanent funding for two positions in order to create the PPTU. The PPTU's main objectives are to refine current training products, to improve and expand Public Safety Canada's suite of training products, update current privacy policies, create new policy tools and provide privacy advice to departmental officials. As a result, the ATIP Team now consists of one ATIP Director (who is responsible for ATIP as well as Ministerial Correspondence and Secretariat Services) heading two streams of work: (1) ATIP Operations Unit consisting of one ATIP Manager, two Team Leaders, five Analysts one junior analyst, and one administrative officer; and (2) PPTU consisting of one Team Leader and one Policy Analyst.

The ATIP team is responsible for the coordination and implementation of policies, guidelines and procedures to ensure departmental compliance with the Access to Information Act and the Privacy Act. The team is also responsible for responding to requests made under the Acts, as well as providing the following services to the Department:

• Processing consultations received from other institutions;
• Providing advice and guidance to employees and senior officials on ATIP related matters;
• Producing the Annual Reports to Parliament;
• Delivering ATIP awareness sessions to departmental employees;
• Coordinating regular updates to Info Source manuals;
• Reviewing departmental documents, such as audits and evaluations, prior to proactively disclosing these on the departmental website;
• Developing departmental procedures for processing ATIP requests;
• Maintaining the Department's ATIP reading room; and
• Participating in forums for the ATIP community, such as the Treasury Board Secretariat's ATIP Community meetings and working groups.

Delegation of Authority

The Minister of Public Safety and Emergency Preparedness, appointed July 15, 2013, signed a Delegation Order for the Access to Information Act on January 22, 2014. A new Delegation Order was signed on July 15, 2014. Both current and previous delegation instruments can be found in Annex A. The current delegation order includes delegation for the application of section 69 (Confidences of the Queen's Privy Council). Additionally, the Delegation Order has changed to reflect the structure and moves from a decentralized model to a more modern centralized model which is more efficient and enables more consistent decision making. The delegated authority to apply exemptions under the Acts resides with the Deputy Minister, Associate Deputy Minister, Assistant Deputy Minister, Portfolio Affairs and Communications, the Director General of Cabinet and Parliamentary Affairs and Executive Services, the Director of ATIP and Executive Services, as well as the Manager, ATIP Operations.

New or Revised Policies, Guidelines or Procedures

During the fiscal year, two guidance tools were revised: Public Safety Canada's Guidelines for Retrieving and Reviewing Records in Response to an Access to Information (ATI) Request, and Public Safety Canada's Privacy Breach Guidelines. A new guidance document entitled ‘Identifying Sensitive Records' was introduced to assist program officials in identifying sensitive information in records provided in response to an ATIP request.

Training

During 2014-15 ATIP provided one training/information session on the guidelines for retrieving and reviewing records in response to an ATI request, as well as a guidance document on how to provide records electronically. The newly created PPTU is developing a training plan that will complement the new ATIP training suite being introduced by the Canada School of Public Service.

Monitoring Performance

Five Reports are prepared for the information of Senior Management: 1) Look Ahead Report, 2) Quarterly Report, 3) Completed Request Report, 4) Upcoming ATI Release Report, and 5) New Request Report. The Look Ahead Report identifies the new formal ATI requests received by the department that week and the deadlines assigned for retrieval/recommendations from branches. It also provides news on issues of interest such as new policies, receipt and resolution of complaints, etc. The Look Ahead Report is presented at the weekly Executive Committee Meeting. The Quarterly Report provides Branches with their on-time response to ATI taskings, and is included as news in the Look Ahead report. Quarterly Reports are rolled-up at the end of the year to provide an overall average of each Branch's on-time response. The Completed Request Report provides a list of all closed files within a two week period. The Upcoming ATI Release Report provides a list of Access to Information requests that will be completed in the coming week. The New Request Report provides a list of new requests received during one week. The last 3 reports are made available for the information of the Minister's Office and the Communications Directorate via a secure departmental portal. In addition, in its commitment to transparency and accountability, Public Safety Canada posts summaries of completed access to information requests on its website.

InfoSource Update

Info Source provides information about the functions, programs, activities and related information holdings of government institutions subject to the Access to Information Act and Privacy Act. Public Safety Canada's most recent version of Info Source contains significant updates including the addition of new Class of Records and Personal Information Bank on the International Transfer of Offenders, an expanded table of contents to include hyper-links to all the Departmental activities listed in the chapter as well as modifications to the Background, and Internal Services (Standard Classes of Records and Personal Information Banks).

Challenges/Complexities

The complexity of the requests received remains a challenge. Although the Analysts in ATIP have significant experience both in the department and in ATIP which provides a great breadth of understanding of the subject matter; there are significant consultations and cross-referencing that must take place to properly review responsive records.

It is widely known in the ATIP community that there is a critical shortage of experienced ATIP Analysts. Given the complex and sensitive nature of files processed at Public Safety Canada, retention of stable and experienced staff is crucial for the management of an effective ATIP program.

Key Issues Raised as a Result of Complaints/Investigations

A key issue this fiscal year dealt with the exemption of the names of certain departmental employees. As a result of a complaint on this issue, the Information Commissioner supported the exercise of discretion to exempt the names pursuant to s.15 of the Access to Information Act.

Public Safety Canada received notice of 22 new complaints to the Office of the Information Commissioner in 2014-2015. There were 10 complaints related to exemptions, one concerning excluded information, and the remaining 11 on denial of access.

Public Safety Canada received 19 complaint findings this year. Of these, 5 were discontinued and 3 pertaining to exemptions were well-founded, 1 was well founded and resolved, 1 was settled, and 9 were not well founded.

There have been no patterns or trends identified by Public Safety Canada as a result of complaints or investigations by the Office of the Information Commissioner.

Appeals to the Court

There was one appeal to the Federal Court that has been included in the 2008-2009 Annual Report to Parliament. The matter is ongoing.

Chapter II – Access to Information Act Statistical Report

Summary

In 2014-2015, Public Safety Canada received 310 requests under the Access to Information Act, a decrease of approximately 33 per cent over the previous year. It should be noted that for fiscal year 2014-2015 the number of requests received did not include informal requests received, whereas in previous years informal requests were included in the total number of requests received. Public Safety Canada completed 99 per cent on time, the ninth consecutive year of over 90 per cent on time completion. The average number of days to process a request was 55 days, with 63 per cent of all requests completed within 30 days.

Overall Workload Trends

Annex B provides a summarized statistical report on Access to Information Act requests processed by Public Safety Canada between April 1, 2014 and March 31, 2015. The following section provides an overview and interpretation of this information.

In comparison to the past five years, the overall workload for ATIP decreased this year. The figures below include formal Access and Privacy requests, and consultations received from other institutions.

The following table provides an overall breakdown of workload by category for the past five years.

Requests Received under the Access to Information Act

Public Safety Canada received 310 new Access to Information Act requests through the 2014-2015 fiscal year, representing a decrease of approximately 33 per cent over the number of requests received the previous year (465). There were 33 requests carried forward from the previous fiscal year, resulting in a total of 343 requests to process during 2014-2015. Of these requests, 292 were completed during the reporting year, while the remaining 51 requests were carried forward to the next reporting year.

Source of Requests

The media was the primary source of requests received by Public Safety Canada for the 2014-2015 fiscal year. Of the 310 requests received, the media comprised 66 per cent of that number (205). Members of the public who did not identify themselves as belonging to any other category accounted for 22 per cent of requests (69), 5 per cent were received from organizations (15), and 4 per cent were received from academia (13). A small percentage of requests were submitted from businesses (7) at 2 per cent.

Extensions

Section 9 of the Access to Information Act allows institutions to extend the legal deadline for processing a request if a search for responsive records cannot be completed within 30 days of receipt of the request, or if the institution must consult with other institutions or third parties.

Public Safety Canada plays a role in coordinating activities involving federal institutions within the Public Safety portfolio as well as with other organizations at all levels of government on matters relating to the safety of Canadians. Extensions in excess of 90 days are therefore often necessary in order to undertake the required consultations.

The bulk of extensions taken in fiscal year 2014-2015 were for consulting with other government departments for reasons other than confirming Cabinet Confidences. Extensions taken for these types of consultations resulted in 5 files being extended for 30 days or less, 38 extended for 31-60 days and 38 extended for 61-120 days.

Information on completion times

This fiscal year 63 per cent of requests under the Access to Information Act were completed within 30 days. The average number of days taken to process a request this fiscal year was 55 days.

The department took on average, an extension of 100.48 days to process requests requiring consultations in 2014-2015.

Consultations completed

Public Safety Canada received 238 new consultation requests under the Access to Information Act throughout the 2014-2015 fiscal year. There were 9 requests carried forward from the previous fiscal year, resulting in a total of 247 requests to process during 2014-2015. Of these requests, 238 were completed during the reporting year, while the remaining 9 requests were carried forward to the next reporting year.

Appendix A – Delegation of Authority for the Access to Information Act

Appendix B – Statistical Report for 2014-2015 on the Access to Information Act

Part 1: Requests Under the Access to Information Act

Part 2: Requests Closed During the Reporting Period

2.5 Complexity

2.6 Deemed refusals

Part 3: Extensions

Part 4: Fees

Part 5: Consultations Received From Other Institutions and Organizations

Part 6: Completion Time of Consultations on Cabinet Confidences

Part 7: Complaints and Investigations

Part 8: Court Action

Part 9: Resources Related to the Access to Information Act

Date modified:

2018-01-31