2020–21 Annual Report on the Administration of the Access to Information Act

Table of contents

• Introduction
• About the OIC
  • Information Commissioner Ad Hoc
• 2020–21 Statistics and Trends
  • Workload
  • Timeliness
  • Disclosure
  • Exemptions Claimed, 2020–21
  • 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: 2020–21 Statistical Report

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 to support the Information Commissioner in her role 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.

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.

The OIC has been waiving all fees, including the $5 application fee, since 2011. As there were 42 requests received under the Act, the OIC has waived $210 in application fees. The total operating costs for the year were $136,308.

This report, prepared and tabled in accordance with section 94 of the Access to Information Act, reviews the OIC’s access to information activities for 2020-21.

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 and/or issuing orders to resolve matters at the conclusion of investigations.

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 150 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 2020-21, the ATIP Secretariat was comprised of the ATIP Manager (full-time) supported by a full-time ATIP Analyst and a part-time student. An additional ATIP analyst was with the team for approximately half of the year.

Secretariat staff process requests, provide training on access and privacy matters to new staff, and develop and implement policies and procedures to ensure that the institution meets its obligations under the Acts.

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 Hochas 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 2020-21.

2020-21 Statistics and Trends

Appendix C contains the OIC’s statistical report on the Access to Information Act for 2020-21. 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 62 new requests in 2020-21. This represents a 50% increase from the 42 requests received in 2019-20. There were two requests carried over from 2019-20, and three requests have been carried over to 2021-22.

As Figure 1 shows, the annual volume of formal requests can fluctuate widely at the OIC. In fiscal year 2020-21 62 requests were received. This matches the total received in 2018-19 and is approximately a 30% increase from 2019-20.  

Figure 1: New requests 2016-17 to 2020-21

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This bar graph shows the number of new requests the Office of the Information Commissioner (OIC) received each year between 2016–2017 and 2020-2021, as follows:

• 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.
• In 2020-2021, the OIC received 62 requests.

Over the years, statistics have indicated that the majority of requests received by the OIC originate with members of the  public. This is a trend that continued through 2020-21 with 45 requests, (73%), coming from members of the public. The remaining requests were from the Media or Businesses, with 8 and 9 requests respectively.

Given the OIC’s work investigating complaints, the OIC receives numerous requests related to complaints each year. In 2020-21 over half of the requests received were for information regarding specific investigations. The remaining requests included those seeking information pertaining to the Covid-19 pandemic, the ongoing review of the Access to Information Act and requests for call-ups, contracts or other financial documents.

Figure 2: Number of pages processed, 2016-17 to 2020-21

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This fever chart shows the number of pages the Office of the Information Commissioner (OIC) processed for the requests it completed each year from 2016–2017 to 2020–2021, as follows:

• 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 2019–2020, the OIC processed 27,701 pages.
• In 2020–2021, the OIC processed 22,529 pages.

In 2020-21, the OIC processed 22,529 pages. In addition to formal access requests, the OIC receives informal requests each year. These are often requests for records that have previously been released. The OIC responded to 7 such requests in 2020-21, processing a total of 1,224 pages. This is in addition to the 22,529 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 5 requests for consultations in 2020-21. This represents a decrease from the 8 such requests in 2019-20.

Apart from requests, the ATIP unit was also responsible for ensuring that statutory obligations brought about by the 2019 legislative changes were implemented. ATIP is the lead unit for the proactive disclosure obligations found in Part 2 of the Act. This includes the monthly posting of briefing note titles and the publication of briefing binders for parliamentary appearances.

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, 2020-21

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This pie chart sets out the time it took the Office of the Information Commissioner to complete 61 requests in 2020-2021. 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 completed within statutory deadlines. This is done through the use of regular reports drawn from the OIC’s  case management system. Senior management is kept up to date on the files through weekly briefings.

Of the 61 requests the OIC closed in 2020-21, 90% were completed in less than 30 days (Figure 3), 39% in 15 days or less, and 51% in 16 to 30 days.

In 2020-21, the OIC took ten time extensions to respond to requests. Nine of these were for 31 to 60 days, and one was for less than 30 days. Nine of the ten extensions were to allow for consultations with other government departments or with third party stakeholders.

The OIC completed all 61 requests in 2020-21 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, 2016-17 to 2020-21

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This fever chart shows the average time the Office of the Information Commissioner took to complete requests each year from 2016–2017 to 2020–2021, as follows: 16.56 days (2016–2017); 18.1 days (2017–2018); 22.6 days (2018–2019); 21.25 days (2019-2020); and 22.5 days (2020-2021).

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

The OIC’s average completion time for requests for 2020-21 was 22.5 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

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 2020-21 the OIC disclosed all records in response to 8 requests (13% of the 61 files completed). These  included requests for various statistics, plans for Right to Know week and other routine documents.

The OIC released part of the information requested for 28 files (46%). In many of these cases, the requests were related to investigations. The OIC cannot 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.

In 2020-21, the OIC received 18 requests for which no records were found. This represents 28% of the total request volume. This is the second year in a row of slight increases in this disposition category.

Exemptions Claimed, 2020-21

The OIC claimed 7 different exemptions and 0 exclusions to sever information when responding to requests in 2020-21 throughout the 31 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 19 of the 31 files where information was withheld. This is a mandatory exemption.

As in previous years, 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 12 of 31 files. This is also a mandatory exemption.

The Act also excludes certain information, such as Cabinet confidences (section 69) or information that is available for purchase (subsection 68(a)). No exclusions were invoked in 2020-21.

Complaints

In 2020-21, the Information Commissioner Ad Hoc received two complaints about the OIC’s handling of access requests. Upon completing each investigation, it was found that both of the complaints were not well-founded.

The annual report of the Information Commissioner Ad Hoc was published as an appendix of 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 2020-21, due to the increased workload from the growing volume of requests, proactive disclosure obligations and increased demand for training due to a large complement of new investigators, the ATIP Secretariat grew to include an additional full time resource. As a result, the ATIP Secretariat is now comprised of the ATIP Manager, supported by two ATIP Analysts 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 2020-21, the Secretariat held formal training sessions for all new employees. A total of 28 employees participated in these sessions. There were also informal training sessions on an ad hoc basis with current employees as required. The Legal Services sector also offers in-depth training to all new investigators on the Act on an ongoing basis.

Appendix A: Delegation Order, Access to Information Act  

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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

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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

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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: 2020-21 Statistical Report

Statistical Report on the Access to Information Act

Name of institution: Office of the Information Commissioner of Canada

Reporting period: 2020-04-01 to 2021-03-31

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

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 legislated timelines

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

Supplemental Statistical Report on the Access to Information Act and Privacy Act

Name of institution: Office of the Information Commissioner of Canada

Reporting period: 2020-04-01 to 2021-03-31

Section 1: Capacity to Receive Requests

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

Section 2: Capacity to Process Records

2.1 Enter the number of weeks your institution was able to process paper records in different classification levels.

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