2016-2017 Annual Report on the Administration of the Access to Information Act

Introduction

The purpose of the Access to Information Act (Act) is to protect the public’s right to access records under the control of government institutions, while ensuring that the use of exemptions and exclusions is limited and specific. The Act also specifies that any decisions on the disclosure of information should be reviewed independently of government. To this end, the Office of the Information Commissioner (OIC) was established under the Act in 1983 as an independent oversight body reporting to Parliament.

When the OIC became subject to the Access to Information on April 1, 2007, the organization committed to providing exemplary service to requesters seeking information about its investigations and operations.

The OIC has consistently lived up to that commitment, quickly responding to requests and disclosing a broad range of information. As a further service to requesters, the OIC stopped charging any fees for making access requests in 2010.

This report, prepared and tabled in accordance with section 72 of the Access to Information Act, reviews the OIC’s access to information activities for 2016–2017.

The OIC received 85 formal access requests in 2016-2017. This is a slight drop from the high of 120 requests in 2015-2016. The organization achieved the notable average completion time for these files of 13.9 days. This is a new record for the OIC.

About the OIC

The OIC is an independent public body created in 1983 under the Access to Information Act. The OIC’s primary responsibility is to conduct efficient, fair and confidential investigations into complaints about federal institutions’ handling of access to information requests. The OIC primarily uses mediation and persuasion to resolve complaints. The OIC brings cases to the Federal Court to ensure the Act is properly applied and interpreted.

The OIC also supports the Information Commissioner in her advisory role to Parliament and parliamentary committees on all matters pertaining to access to information. The OIC actively makes the case for greater freedom of information in Canada through targeted initiatives such as Right to Know Week and ongoing dialogue with Canadians, Parliament and federal institutions.

Organization Structure

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This organizational chart shows the titles of the two senior officials at the Office of the Information Commissioner who report to the Information Commissioner: Assistant Commissioner, Complaints Resolution and Compliance, and General Counsel and Director, Legal Services. In addition, the chart shows that Corporate Services falls under the responsibility of the Assistant Commissioner and Public Affairs under the responsibility of the General Counsel.

Complaints Resolution and Compliance mediates and investigates complaints about the processing of access to information requests and any issues related to requesting or obtaining access to records under the Act, and makes formal recommendations to institutions and heads of institutions, as required.

Legal Services represents the Commissioner in court as she seeks to clarify points of access law and uphold information rights. Lawyers provide legal advice on investigations, and on administrative and legislative matters, as well as customized reference tools and training on recent case law. Legal Services also monitors legislative developments to determine their possible effect on the Commissioner’s work and access to information in general.

Public Affairs conducts communications and external relations with a wide range of stakeholders, notably Parliament, governments and the media. Public Affairs also provides input to the Treasury Board of Canada Secretariat on improving the administration of the Act. Public Affairs is responsible for the OIC’s access to information and privacy function.

Corporate Services provides strategic and corporate leadership for planning and reporting, human resources and financial management, security and administrative services, internal audit and evaluation, and information management and technology.

Access to Information Activities at the OIC

Secretariat

The OIC has a small team of specialists who carry out the organization’s access to information and privacy (ATIP) activities. In 2016–2017, the ATIP Secretariat comprised the ATIP Manager (full time) supported by a consultant (part time). The end of the year saw the addition of a full time ATIP Officer as well.

Secretariat staff process requests, provide training on access matters to new staff, and develop and implement policies and procedures.

In 2016-2017, the Secretariat held four training sessions for employees on their responsibilities under the Access to Information Act and Privacy Act, with a total of 14 staff in attendance. There was also an initiative undertaken to train new investigators on how to process requests under the Access to Information Act. This is intended to assist them when they are interacting with analysts at institutions under investigation.

Since March 2016, the Secretariat publishes A-Tips, a regular series of tips and reminders posted on the OIC intranet to remind employees about their access to information and privacy responsibilities. These posts were rotated on a biweekly basis to ensure awareness of obligations imposed by the Access to Information Act and the Privacy Act, as well as to provide best practices and other helpful information. The feedback from this initiative has been very positive.

The ATIP Manager, along with the Director of Information Management and Information Technology, is co-chairing the OIC’s working group on implementing the government’s open government action plan. The working group is reviewing the OIC’s information holdings in order to determine what information could proactively be released online.

The ATIP Manager and other OIC officials hold full delegated authority under the Act. Appendix A contains a copy of the delegation order.

Information Commissioner ad hoc

Requesters who are of the view that the OIC has improperly handled their access request are entitled to file a complaint. To prevent any conflict of interest and to ensure the integrity of the complaint process, the independent Information Commissioner ad hoc investigates complaints regarding access requests submitted to the OIC.

David Loukidelis was appointed as Commissioner ad hoc on May 4, 2015. The Commissioner ad hoc, who is assisted by an investigator, has the same powers and obligations as the Information Commissioner with respect to conducting investigations and making recommendations. Appendix B contains the delegation order that was in effect for Mr. Loukidelis in 2016–2017.

2016–2017 Statistics and Trends

Appendix C contains the OIC’s statistical report on the Access to Information Act for 2016–2017. The following sets out some highlights from that report, along with notable trends related to workload, timeliness and disclosure over the years the OIC has been subject to the Act.

Workload

The OIC received 85 new requests in 2016-2017. This represent a drop of 35 requests from the previous year. There was one request carried over from 2015-2016, and one request was carried over to 2017-2018.

As Figure 1 shows, there was considerable interest in accessing records from the OIC in 2007–2008 and 2008–2009, since it was the first time requesters could formally seek such information. The number of requests dropped and levelled off between 2009–2010 and 2013–2014, followed by noticeable increases in 2014–2015 and 2015–2016. In 2016-2017 the interest has remained high, however it has come down from the peak observed in 2015-2016.

 

Figure 1: New requests, 2007–2008 to 2016–2017

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Figure 1: New requests, 2007-2008 to 2016-2017

This bar graph shows the number of new requests the Office of the Information Commissioner (OIC) received each year between 2007–2008 and 2016-2017, as follows:

• In 2007–2008, the OIC received 93 requests.
• In 2008–2009, the OIC received 113 requests.
• In 2009–2010, the OIC received 28 requests.
• In 2010–2011, the OIC received 46 requests.
• In 2011–2012, the OIC received 48 requests.
• In 2012–2013, the OIC received 44 requests.
• In 2013–2014, the OIC received 33 requests.
• In 2014–2015, the OIC received 89 requests.
• In 2015–2016, the OIC received 120 requests.
• • In 2016–2017, the OIC received 85 requests.

Over half (62 percent) of the new requests in 2016-2017 came from members of the public. Members of the media or businesses submitted the remaining requests. Receiving the majority of requests from the public is typical for the OIC. With the exception of the first two years the organization was subject to the Act, individual members of the public have always been the most frequent requesters, accounting for 55 percent or more of new requests each year. In both 2007–2008 and 2008–2009, businesses were the source of most requests.

In 2015–2016, 44 percent of the new requests the OIC received were from one requester. The requests covered a variety of subject matters and arrived in batches of 15 or 20. The overall volume tested the capacity of ATIP staff to complete requests promptly and prior to the deadlines set out in the Access to Information Act. To ensure they could work efficiently and effectively, ATIP staff grouped the requests by subject matter, and clarified exactly what type of information the requester was seeking.

Given the OIC’s work investigating complaints, the OIC receives numerous requests related to complaints each year. In 2016-2017, the OIC received 34 such requests. The remaining requests were for administrative records (such as correspondence, briefing notes and statistics).

Figure 2: Number of pages processed, 2010–2011 to 2016–2017

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Figure 2: Number of pages processed, 2010-2011 to 2016-2017

This fever chart shows the number of pages the Office of the Information Commissioner (OIC) processed for the requests it completed each year from 2010–2011 to 2016–2017, as follows:

• In 2010–2011, the OIC processed 7,206 pages.
• In 2011–2012, the OIC processed 25,187 pages.
• In 2012–2013, the OIC processed 27,083 pages.
• In 2013–2014, the OIC processed 25,782 pages.
• In 2014–2015, the OIC processed 36,457 pages.
• In 2015–2016, the OIC processed 43,327 pages.
• In 2016–2017, the OIC processed 17,460 pages.

In 2016-2017 the OIC processed 17460 pages. This represents a 59-percent decrease from 2015-2016 and the lowest number of pages processed by the OIC since 2010-2011.

In terms of complexity, 6 percent of completed requests in 2016-2017 required ATIP staff to process more than 1,000 pages per request. This is consistent with the proportions seen in 2015-2016. More than half of the requests seen in 2016-2017 required the processing of less than 100 pages.

In addition to formal access requests, the OIC receives informal requests each year. These are often requests for records that had been released previously. The OIC responded to 13 such requests in 2016-2017.

The final component of the OIC’s access request-related workload is consultations—that is, when other institutions seek the OIC’s input on requests they have received that touch on the OIC’s business or involve its records. Institutions generally ask for recommendations on whether any information should be exempted from release. The OIC’s general practice is to not provide recommendations on the application of exemptions in response to consultation requests. This is because the Commissioner could later be required to investigate complaints about the institution’s use of those provisions of the Act to withhold information. Not making recommendations allows the Commissioner to maintain impartiality and avoid conflicts of interest.

The OIC nonetheless received 13 such requests in 2016-2017. This is down from the high of 24 such requests in 2015–2016.

Timeliness

A hallmark of exemplary service to requesters is timeliness. Indeed, responding to access requests as promptly as possible underpins the entire access system.

Figure 3: Completion time for access requests, 2016–2017

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Figure 3: Completion time for access requests, 2016-2017

This pie chart sets out the time it took the Office of the Information Commissioner to complete 85 requests in 2016-2017. The Office of the Information Commissioner completed 67 percent of these requests in 15 days or less; 26 percent in 16 to 30 days; 6 percent in 31 to 60 days; and 1 percent in 61 to 120 days.

The Access to Information Act sets 30 days as the timeframe within which institutions should respond to requests. When institutions determine that they will be unable to complete a request in 30 days, they may take a time extension. In keeping with the principle of timeliness, the OIC strives to make these extensions as short as possible.

Of the 85 requests the OIC closed in 2016-2017, 93 percent were completed in less than 30 days (Figure 3)—67 percent in 15 days or less and 26 percent in 16 to 30 days.

In 2016-2017, the OIC took six time extensions to respond to requests. Three of these were for less than 30 days, and three were for 31 to 60 days. Five of the six extensions taken were for consultations with other organisations.

The OIC completed all 85 requests in 2016-2017 before their deadline (either 30 days or the extended date), such that the OIC had no “deemed refusals.”^{Footnote 1}

Figure 4: Average completion time for requests, 2008–2009 to 2016–2017

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Figure 4: Average completion time for requests, 2008-2009 to 2016-2017

This fever chart shows the average time the Office of the Information Commissioner took to complete requests each year from 2008–2009 to 2016–2017, as follows:

• 36.11 days (2008–2009);
• 32.97 days (2009–2010);
• 15 days (2010–2011);
• 22 days (2011–2012);
• 30.4 days (2012–2013);
• 25.5 days (2013–2014);
• 19 days (2014–2015);
• 16.56 days (2015–2016); and
• 13.9 days (2016–2017).

Another measure of timeliness is the average time it takes to complete a request.

The OIC’s average completion time for requests for 2016-2017 was 13.9 days, the best average recorded to date.

As Figure 4 shows, in six of the nine years for which figures are available, the OIC achieved an average completion time for requests of less than 30 days. The highest average completion time (36.11 days) was in 2008–2009.

Disclosure

The purpose of the Access to Information Act is to protect the right to access records under the control of government institutions, while ensuring that the use of any exemptions and exclusions is limited and specific. In line with this purpose, the OIC seeks to release as much information as possible to requesters and withhold only what the law requires.

In 2016-2017, the OIC disclosed all the records in response to 25 requests (29 percent of the 85 files completed, the largest proportion since 2007-2008). These included requests for annual statistics, lists of briefing notes and routine procurement records.

The OIC released part of the information requested for 39 of 85 files (46 percent). In many of these cases, the requests were related to investigations. The OIC can not release any investigation records before an investigation is complete and the complaint closed, and only some afterwards, as set out in section 16.1 of the Act. Figure 5 provides a ten-year trend.

Figure 5: Disclosure of records, 2007–2008 to 2016–2017

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Figure 5: Disclosure of records, 2007-2008 to 2016-2017

This bar chart shows the percentage of requests the Office of the Information Commissioner completed between 2007–2008 and 2016–2017 for which all records were disclosed and for which records were disclosed in part, as follows:

• 2007–2008: 33 percent all disclosed; 46 percent disclosed in part.
• 2008–2009: 25 percent all disclosed; 59 percent disclosed in part.
• 2009–2010: 13 percent all disclosed; 74 percent disclosed in part.
• 2010–2011: 20 percent all disclosed; 43 percent disclosed in part.
• 2011–2012: 16 percent all disclosed; 48 percent disclosed in part.
• 2012–2013: 6 percent all disclosed; 48 percent disclosed in part.
• 2013–2014: 16 percent all disclosed; 45 percent disclosed in part.
• 2014–2015: 16 percent all disclosed; 57 percent disclosed in part.
• 2015–2016: 22 percent all disclosed; 54 percent disclosed in part.
• 2016–2017: 29 percent all disclosed; 46 percent disclosed in part.

In 2016-2017, the OIC received 15 new requests where no records were found. This represents 18 percent of the total request volume, which is consistent with the proportion seen in 2015-2016.

Exemptions Claimed, 2016-2017

The OIC claimed 6 different exemptions and 1 exclusion to sever information when responding to requests in 2016-2017 throughout the 39 files that were “Disclosed in Part”.

Paragraph 16.1(1)(c) of the Act, which specifically exempts records associated with the OIC’s investigations was invoked in 30 of the 39 files where information was withheld. This is a mandatory exemption.

Indeed, with the exception of 2008–2009, paragraph 16.1(1)(c) has been either the OIC’s most or second-most used exemption. Section 19 (personal information) has been the other most commonly claimed exemption, having been invoked in 15 of 39 files in 2016-2017. Other exemptions in the top three in at least one year since the OIC became subject to the Act are sections 21 (operations of government), section 20 (third-party information),  section 16 (law enforcement and investigations) and section 23 (solicitor-client privilege).

The Act also excludes certain information, such as Cabinet confidences (section 69). The only exclusion invoked in 2016-2017 was pursuant to this section of the Act.

Complaints

In 2016-2017, the Information Commissioner ad hoc received 1 complaint about the OIC’s handling of access requests. The Information Commissioner ad hoc investigated this one along with three complaints carried over from 2015-2016 and found them to be not well founded.

The annual report of the Information Commissioner ad hoc will be published along with the Commissioner’s annual report.

Appendix A: Delegation Order, Access to Information Act

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Delegation orders for the purpose of the Access to Information Act and the Privacy Act

Arrêté de délégation en vertu de la Loi sur l’accès à l’informationet de la Loi sur la protection des renseignements personnels

The Information Commissioner of Canada, pursuant to Section 73 of the Access to Information Act and of 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 Information Commissioner of Canada as the head of a government institution that is, the Office of the Information Commissioner of Canada. This Delegation Order supersedes all previous Delegation Orders pursuant to section 73.

This delegation order is effective on November 14th, 2016

Dated, at the City of Gatineau, this 14th day of November 2016

En vertu de l’article 73 de la Loi sur l’accès à l’information et de la Loi sur la protection des renseignements personnels, la Commissaire à l’information du Canada délègue aux titulaires des postes mentionnés à l’annexe ci-après, ainsi qu’aux personnes occupant à titre intérimaire lesdits postes, les attributions dont elle est investie en qualité de responsable d’une institution fédérale, c’est-à-dire le Commissariat à l’information du Canada.  Le présent arrêté de délégation annule et remplace tout arrêté antérieur fait en vertu de l’article 73.

Cet arrêté de délégation prend effet le 14 novembre 2016.

Daté,  à la ville d’Gatineau, ce 14 jour de novembre 2016

Original signed by

______________________________________________

Suzanne Legault
Information Commissioner of Canada
Commissaire à l’information du Canada

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Schedule / Annexe

Position / Poste

 

Director General (Corporate Services) /
Directeur général (Services organisationnels)

Director, ATIP Secretariat/
Directeur, Secrétariat de l’AIPRP

ATIP Officer/
Agent de l’AIPRP

Privacy Act and Regulations/
Loi sur la protection des renseignements personnels et règlement.

 

Full Authority/
Autorité Absolue

Full Authority/
Autorité Absolue

Sections of the Act / articles de la Loi : 15, 17(2)(b)

Sections of the Regulations / articles du Règlement : 9, 11(2), 11(4), 13(1), 14

Access to Information Act and Regulations/
Loi sur l’accès à l’information et règlement.

Full Authority/
Autorité Absolue

Full Authority/
Autorité Absolue

Sections of the Act / articles de la Loi : 4(2.1), 8(1), 9, 11(2), 11(3), 11(4), 11(5), 11(6), 12(2), 12(3), 27(1), 27(4), 29(1).

Sections of the Regulations / articles du Règlement : 6(1), 7(2), 7(3), 8, 8.1

Appendix B: Delegation Orders, Information Commissioner ad hoc

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Information Commissioner’s Delegation of authority to the Commissioner ad hocpursuant to section 59 of the Access to Information Act

Délégation du Commissaire à l’information des pouvoirs et fonctions au Commissaire ad hoc en vertu des dispositions de l’article 59 de la Loi sur l’accès à l’information

Pursuant to subsection 59(1) of the Access to Information Act (the “Act”), the Information Commissioner of Canada duly appointed pursuant to section 54 of the Access to Information Act, does hereby authorize David Loukidelis , as Commissioner ad hoc, to exercise or perform all of the powers, duties and functions of the Information Commissioner set out in the Access to Information Act, including sections 30 to 37 and section 42 inclusive of the Access to Information Act,  for the purpose of receiving and independently investigate any complaint described in section 30 of the Access to Information Act arising in response to access requests made in accordance with the Act to the Office of the Information Commissioner of Canada.

This delegation is effective November 3, 2015 for a one year period until such time as it is revoked, amended or renewed.

Dated at Gatineau, this 29 day of October 2015.

En vertu des dispositions de l’article 59 de la Loi sur l’accès à l’information, le Commissaire à l’information du Canada, nommé selon l’article 54 de la Loi sur l’accès à l’information, délègue à David Loukidelis à titre de Commissaire ad hoc, tous les pouvoirs et fonctions qui lui sont conférés par la Loi sur l’accès à  l’information, incluant les articles 30 à 37 et l’article 42 de la Loi afin de recevoir et de faire enquête de façon indépendante au sujet de toute plainte énumérée à l’article 30 de la Loi provenant des réponses aux demandes de communication faites au Commissariat à l’information du Canada en vertu de la Loi.

Cette délégation prendra effet le 3 novembre 2015 pour une période de 1 an, ou jusqu’à ce qu’elle soit révoquée, modifiée ou renouvelée.

Signée à Gatineau, le 29 octobre 2015.

 

Original signed by

______________________________
Suzanne Legault
Information Commissioner of Canada
Commissaire à l’information du Canada

Appendix C: 2016-2017 Statistical Report

Statistical Report on the Access to Information Act

Name of institution: Office of the Information Commissioner of Canada

Reporting period: 2016-04-01 to 2017-03-31

Part 1: Requests Under the Access to Information Act

1.1  Number of Requests

1.2  Sources of Requests

1.3  Informal Requests

Note: All Requests previously recorded as “treated informally” will now be accounted for in this section only.

Part 2: Requests Closed During the Reporting Period

2.1  Disposition and Completion Time

2.2  Exemptions

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

2.3  Exclusions

2.4  Format of Information Released

2.5  Complexity

2.5.1  Relevant pages processed and disclosed

2.5.2  Relevant pages processed and disclosed by size of requests

2.5.3  Other Complexities

2.6  Deemed Refusals

2.6.1  Reasons for not meeting statutory deadline

2.6.2  Number of days past deadline

2.7  Requests for Translation

Part 3: Extensions

3.1  Reasons for Extensions and Disposition of Requests

3.2 Length of Extensions

Part 4: Fees

Part 5: Consultations Received From Other Institutions and Organizations

5.1  Consultations Received From Other Government of Canada Institutions and Organizations

5.2  Recommendations and Completion Time for Consultations Received From Other Government of Canada Institutions

5.3  Recommendations and Completion Time for Consultations Received From Other Organizations

Part 6: Completion Time of Consultations on Cabinet Confidences

6.1  Requests with Legal Services

6.2 Requests with Privy Council Office

Part 7: Complaints and Investigations

Part 8: Court Action

Part 9: Resources Related to the Access to Information Act

9.1 Costs

9.2 Human Resources

Note: Enter values to two decimal places.