2019–20 Annual Report on the Administration of the Access to Information Act

Table of contents

• Introduction
• About the OIC
  • Information Commissioner Ad Hoc
• 2019–20 Statistics and Trends
  • Workload
  • Timeliness
  • Disclosure
  • Exemptions Claimed, 2019–20
  • Complaints
  • Access to information activities at the OIC
• Appendix A: Delegation Order, Access to Information Act
• Appendix B: Delegation Order, Information Commissioner Ad Hoc
• Appendix C: 2019–20 Statistical Report

About the OIC

The Office of the Information Commissioner (OIC) was established in 1983 under the Access to Information Act to support the mandate of the Information Commissioner of Canada.

OIC staff carry out confidential investigations into complaints about federal institutions’ handling of access requests, giving both complainants and institutions the opportunity to present their positions.

The OIC strives to maximize compliance with the Act, using the full range of tools, activities and powers at the Commissioner’s disposal. These include negotiating with complainants and institutions without the need for formal investigations, making formal recommendations to resolve matters at the conclusion of investigations, and bringing cases to the Federal Court to ensure the Act is properly applied and interpreted.

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

The Commissioner is supported by a staff complement of approximately 115 employees, including a senior management team of three deputy commissioners:

• Deputy Commissioner, Investigations and Governance
• Deputy Commissioner, Legal Services and Public Affairs
• Deputy Commissioner, Corporate Services, Strategic Planning and Transformation Services

The Access to Information and Privacy Secretariat falls under the Legal Services and Public Affairs Branch. The ATIP Manager and the Deputy Commissioner of Legal Services and Public Affairs hold full delegated authority under the Act. A copy of the delegation order is included at Appendix A of this report.

The OIC has a small team of specialists who carry out the organization’s access to information and privacy (ATIP) activities. In 2019–20, the ATIP Secretariat was comprised of the ATIP Manager (full-time) supported by a full-time ATIP Analyst and a part-time student.

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

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 Information Commissioner Ad Hoc investigates complaints regarding access requests submitted to the OIC.

Anne E. Bertrand was appointed as Commissioner Ad Hoc on June 1, 2018. The Commissioner Ad Hoc 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 Ms. Bertrand in 2019–20.

2019–20 Statistics and Trends

Appendix C contains the OIC’s statistical report on the Access to Information Act for 2019–20. 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 highlights, 2019–20 Requests carried over from 2018–19 3 New requests 42 Requests completed 43 Requests carried over to 2020–21 2 Number of pages processed 27,701 Informal requests received and completed 4 Consultation requests received and completed 8

Workload

Figure 1: New requests, 2015–16 to 2019–20

Text version

This bar graph shows the number of new requests the Office of the Information Commissioner (OIC) received each year between 2015–2016 and 2019–2020, as follows:

• In 2015–2016, the OIC received 120 requests.
• In 2016–2017, the OIC received 85 requests.
• In 2017–2018, the OIC received 51 requests.
• In 2018–2019, the OIC received 62 requests.
• In 2019–2020, the OIC received 42 requests.

Over the years, statistics have indicated that the OIC receives the majority of requests from the public. With the exception of the first two years that the organization was subject to the Act, individual members of the public have always been the most frequent requesters, accounting for 55% or more of new requests each year. In both 2007–08 and 2008–09, businesses were the source of most requests.

In 2019–20, the greatest portion of the new requests in 2019–20 were from members of the public (62%). Members of the media or businesses submitted nearly all the remaining requests.

Figure 2: Number of pages processed, 2015–16 to 2019–20

Text version

This fever chart shows the number of pages the Office of the Information Commissioner (OIC) processed for the requests it completed each year from 2015–2016 to 2019–20, as follows:

• In 2015–2016, the OIC processed 43,327 pages.
• In 2016–2017, the OIC processed 17,460 pages.
• In 2017–2018, the OIC processed 12,295 pages.
• In 2018–2019, the OIC processed 25,249 pages.
• In 2019–20, the OIC processed 27,701 pages.

In 2019–20, the OIC processed 27,701 pages. This represents a 2% increase from 2018‑19.

In 2019–20, five requests (12%) required the processing of more than 1,000 pages, totalling 18,776 pages processed. In comparison six requests (10%) in 2018–19 required the processing of more than 1,000 pages, totalling 17,246 pages processed. While the number of voluminous files decreased, the volume per file increased by 880 pages per file.

In addition to formal access requests, the OIC receives informal requests each year. These are often requests for records that had been previously released. The OIC responded to 4 such requests in 2019–20, processing a total of 2,578 pages. This is in addition to the 27,701 pages treated in response to formal requests.

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 8 requests for consultations in 2019–20. This represents a decrease from the 14 such requests in 2018–19.

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, 2019–20

Text version

This pie chart sets out the time it took the Office of the Information Commissioner to complete 43 requests in 2019–2020. The Office of the Information Commissioner completed 39 percent of these requests in 15 days or less; 51 percent in 16 to 30 days; 5 percent in 31 to 60 days; and 5 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.

File status is monitored on an ongoing basis by all members of the ATIP team to ensure that all files are answered within statutory deadlines. This is done through regular reports drawn from our case management system.

Of the 43 requests the OIC closed in 2019–20, 90% were completed in less than 30 days (Figure 3), 39% in 15 days or less, and 51% in 16 to 30 days.

In 2019–20, the OIC took four time extensions to respond to requests. Two of these were for 31 to 60 days, and two were for 61 to 120 days. Two of the four extensions taken were to complete consultations with other organizations.

The OIC completed all 42 requests in 2019–20 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, 2015–16 to 2019–20

Text version

This fever chart shows the average time the Office of the Information Commissioner took to complete requests each year from 2015–2016 to 2019–20, as follows: 16.56 days (2015–2016); 13.9 days (2016–2017); 18.1 days (2017–2018); 22.6 days (2018–2019); and 21.25 days (2019–2020).

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

The OIC’s average completion time for requests for 2019–20 was 21.25 days. This is well below the 30-day time limit set out in the Act.

As Figure 4 shows, in the last five years, the OIC has consistently achieved an average completion time of less than 30 days.

Disclosure

Figure 5: Disclosure of records, 2015–16 to 2019–20

Text version

This bar chart shows the percentage of requests the Office of the Information Commissioner completed between 2015–2016 and 2019–20 for which all records were disclosed and for which records were disclosed in part, as follows:

• 2015–2016: 22 percent all disclosed; 54 percent disclosed in part.
• 2016–2017: 29 percent all disclosed; 46 percent disclosed in part.
• 2017–2018: 22 percent all disclosed; 39 percent disclosed in part.
• 2018–2019: 28 percent all disclosed; 43 percent disclosed in part.
• 2019–20: 26 percent all disclosed; 47 percent disclosed in part.

In 2019–20, the OIC received 11 new requests where no records were found. This represents 26% of the total request volume, which is a slight increase with the proportion seen in 2018–19.

Exemptions Claimed, 2019–20

The OIC claimed 5 different exemptions and 0 exclusion to sever information when responding to requests in 2019–20 throughout the 20 files where information was redacted.

Paragraph 16.1(1)(c) of the Act, which specifically exempts records associated with the OIC’s investigations, was invoked in 13 of the 20 files where information was withheld. This is a mandatory exemption.

Unlike previous years however, paragraph 16.1(1)(c) was the OIC’s most commonly claimed exemption during this reporting period. Subsection 19(1),which requires the severance of personal information, was the second-most used exemption, having been invoked in 9 of 20 files. This is also a mandatory exemption.

The Act also excludes certain information, such as Cabinet confidences (section 69). This exclusion was not applied in any request in 2019–20.

Complaints

In 2019–20, the Information Commissioner Ad Hoc did not receive any complaints about the OIC’s handling of access requests.

The annual report of the Information Commissioner Ad Hoc will be published along with the Commissioner’s annual report.

Access to information activities at the OIC

The OIC has a small team of specialists who carry out the organization’s access to information and privacy (ATIP) activities. In 2019–20, the ATIP Secretariat was comprised of the ATIP Manager (full-time) supported by a full-time ATIP Analyst and a part-time student.

Secretariat staff process requests, provide ongoing training on access and privacy matters to staff, and develop and implement policies and procedures. No new policies, guidelines, procedures or initiatives were implemented during the reporting period.

In 2019–20, the Secretariat held formal training sessions for all new employees. A total of 23 employees participated in these sessions. There were also informal training sessions on an ad hoc basis with current employees as required.

Appendix A: Delegation Order, Access to Information Act  

Text version

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

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

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 22 mai 2018.

Daté, à la ville de Gatineau, ce 22 jour de mai 2018

Original signé par

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 May 22, 2018

Dated, at the City of Gatineau, this 22 day of May 2018

Original signed by

______________________________________________

Caroline Maynard

Commissaire à l’information du Canada

Information Commissioner of Canada

Text version

Caption Here

Schedule / Annexe
Position / Poste	Privacy Actand Regulations/Loi sur la protection des renseignements personnelset règlement.	Access to Information Act and Regulations/Loi sur l’accès à l’informationet règlement.
Deputy Commissioner, Legal Services and Public Affairs/ Sous commissaire, Services juridiques et Affaires publiques	Autorité Absolue / Full Authority	Autorité Absolue / Full Authority
Gestionnaire, Accès à l’information et protection des renseignements personnels / Manager, Access to Information and Privacy	Autorité Absolue / Full Authority	Autorité Absolue / Full Authority
Agent de l’AIPRP / ATIP Officer	Articles de la Loi / Sections of the Act : aucune délégation  no delegation Articles du Règlement / Sections of the Regulations : 11(2), 11(4)	Articles de la loi / Sections of the Act : 4(2.1), 8(1), 11(6), 27(1), 27(4). Articles du Règlement / Sections of the Regulations : 6(1)

Appendix B: Delegation Order, Information Commissioner Ad Hoc

Text version

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

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

Caption Here

En vertu des dispositions de l’article 59(1) 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 Anne E. Bertrand 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.	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 Anne E. Bertrand, 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.
Cette délégation prendra effet le 6 septembre 2018 jusqu’à ce qu’elle soit révoquée, modifiée ou renouvelée.	This delegation is effective September 6, 2018 until such time as it is revoked, amended or renewed.
Signée à Gatineau, le 6 jour du mois de septembre 2018	Dated at Gatineau, 6 day of September, 2018
Original signé par	Original signed by

______________________________

Caroline Maynard

Commissaire à l’information du Canada

Information Commissioner of Canada

Appendix C: 2018–19 Statistical Report

Statistical Report on the Access to Information Act

Name of institution: Office of the Information Commissioner of Canada

Reporting period: 2019-04-01 to 2020-03-31

Section 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.

Section 2: Decline to act on vexatious, made in bad faith or abuse of right requests

Section 3: Requests closed during the reporting period

3.1 Disposition and completion time

3.2 Exemptions

3.3 Exclusions

3.4 Format of information released

3.5 Complexity

3.5.1 Relevant pages processed and disclosed

Note: The high volume of pages processed is due to the processing of three requests for voluminous audit files. Records for those three requests were not disclosed pursuant to Section 22.1 – Internal Audits

3.5.2 Relevant pages processed and disclosed by size of requests

3.5.3 Other complexities

3.6 Closed requests

3.6.1 Number of requests closed within legislated timelines

3.7 Deemed refusals

3.7.1 Reasons for not meeting statutory deadline

3.7.2 Requests closed beyond legislated timelines (including any extension taken)

3.8 Requests for translation

Section 4: Extensions

4.1 Reasons for extensions and disposition of requests

4.2 Length of extensions

Section 5: Fees

Section 6: Consultations received from other institutions and organizations

6.1 Consultations received from other Government of Canada institutions and organizations

6.2 Recommendations and completion time for consultations received from other Government of Canada institutions

6.3 Recommendations and completion time for consultations received from other organizations

Section 7: Completion time of consultations on Cabinet confidences

7.1 Requests with Legal Services

7.2 Requests with Privy Council Office

Section 8: Complaints and investigations

Section 9: Court action

9.1 Court actions on complaints received before June 21, 2019 and on-going

9.2 Court actions on complaints received after June 21, 2019

Section 10: Resources related to the Access to Information Act

10.1 Costs

10.2 Human Resources

New Exemptions Table

2019–20 Supplemental Statistical Report – Requests affected by COVID-19 measures

Supplemental Statistical Report on the Access to Information Act

The following table reports the total number of formal requests received during two periods: 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

¹– Total for Row 3 should equal the total in the ATIA Statistical Report section 1.1 Row 1

The following table reports the total number of requests closed within the legislated timelines and the number of closed requests that were deemed refusals during two periods: 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

² – Total for Row 3 Col. 1 should equal the total in the ATIA Statistical Report section 3.6.1 Row 1 -- Total for Row 3 Col. 2 should equal the total in the ATIA Statistical Report section 3.7.1. Col. 1 Row 1

The following table reports the total number of requests carried over during two periods: 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

³ – Total for Row 3 should equal the total in the ATIA Statistical Report section 1.1 Row