Annual report to Parliament 2018-2019: Access to Information Act

Table of contents

Introduction

I. Introduction

The purpose of the Access to Information Act (ATIA) is to provide Canadians with access to records under the control of federal institutions, except for records subject to limited and specific exemptions and exclusions.

This report reflects the access to information activities of Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) from April 1, 2018 to March 31, 2019.

The annual report, submitted to Parliament pursuant to section 72 of the ATIA, describes the activities of CIRNAC that support compliance with access to information legislation. The report details the activities and accomplishments of CIRNAC's Access to Information and Privacy (ATIP) Directorate, including highlights such as:

  • The creation of a Privacy/Policy team; and
  • Continued training initiatives to increase departmental ATIA capacity and awareness.

Creation of Two New Departments

In August 2017, the Prime Minister announced the dissolution of Indigenous and Northern Affairs Canada and the establishment of two new departments to better meet the needs and aspirations of First Nations, Inuit and Métis Peoples. At that time, he named two Ministers to lead these new departments: a Minister of Crown-Indigenous Relations and Northern Affairs and a Minister of Indigenous Services.

The ATIP office provided shared services support for CIRNAC and Indigenous Services Canada (ISC) through a Memorandum of Understanding (MOU) between the departments.

Crown-Indigenous Relations and Northern Affairs Canada's Mandate

The Department of Crown-Indigenous Relations and Northern Affairs will accelerate the work that had already begun to renew the nation-to-nation, Inuit-Crown, and government-to-government relationship between Canada and Indigenous People. The department will also modernize our institutional structure and governance so that First Nations, Inuit, and Métis Peoples can build capacity that supports implementation of their vision of self-determination.

The new relationship must be based on the recognition of rights, respect, co-operation, and partnership. The Department will build on the progress that has been made already, including the establishment of rights and recognition tables across the country, the creation of bilateral mechanism with National Indigenous Organizations to make progress on shared priorities, and the progress made across government on the Truth and Reconciliation Commission Calls to Action.

CIRNAC is one of the two federal departments that are primarily responsible for meeting the Government of Canada's obligations and commitments to First Nations, Inuit and Métis, and for fulfilling the federal government's constitutional responsibilities in the North. CIRNAC's overall mandate and wide-ranging responsibilities are shaped by centuries of history and unique demographic and geographic challenges. The mandate is derived from the Constitution Act 1982, the Indian Act, the Department of Indian Affairs and Northern Development Act, territorial Acts, treaties, comprehensive claims and self-government agreements, as well as various other statutes affecting Indigenous Peoples and the North.

Most of the Department's programs, representing a majority of its spending, are delivered through partnerships with First Nation and Indigenous communities and federal-provincial or federal-territorial agreements. CIRNAC also works with urban Indigenous people, Métis, and Non-Status Indians (many of whom live in rural areas).

II. Organization

ATIP Directorate at CIRNAC

The Access to Information and Privacy Directorate is responsible for the administration of requests made under the ATIA and Privacy Act (PA). It was established within the Corporate Secretariat and reports to the Corporate Secretary, who is directly accountable to the Deputy Head and is a member of the CIRNAC Senior Management Team (SMT). The Directorate also coordinates and implements policies, guidelines and procedures to ensure departmental compliance with the ATIA and PA. Workshop presentations, training courses and awareness sessions designed to increase access to information and privacy capacity across the Department are also provided by the ATIP Directorate.

Under a shared service MOU, all ATIP analysts processed requests for both CIRNAC and ISC. They processed requests of varying volume and complexity based on their classification level. They also provide critical privacy advice for new initiatives, resulting in privacy protection in departmental programs. Policies and procedures continue to be established to ensure that privacy is considered throughout the life cycle of CIRNAC's programs and that informed policy decisions are made concerning the collection, sharing and/or use of personal information.

The ATIP Directorate provides advice and guidance to the Department on a number of topics:

  1. The application of the ATIA and PA;
  2. The release of sensitive or protected information to the public;
  3. Departmental Privacy Impact Assessments (PIAs);
  4. Permissible disclosures of personal information pursuant to subsection 8(2) of the PA;
  5. Appropriate PA Statements on Data Collection Instruments, i.e. forms, surveys, etc.;
  6. Updates to Info Source and the preparation and registration of Personal Information Banks and their related Classes of Records;
  7. Protocols surrounding privacy breaches;
  8. Education and awareness of access to information and privacy issues throughout the Department; and,
  9. Privacy advice in MOU.

The Intake Team triages and coordinates the receipt of requests for information under the control of the Department made pursuant to the Access to Information Act and the Privacy Act. The Operations Team ensures that a response is provided within the legislated timeframe (30 days). All requests are monitored using the tracking system Access Pro Case Management. To do so, ATIP analysts work closely with the relevant program areas in order to ensure that all responsive documents are provided and to ensure that the information contained within those documents is treated in accordance with the Acts to allow for government records to be safely disclosed to the Canadian public. The Privacy/Policy team is available to provide expert advice, maintain and monitor privacy risks as well as support ISC with the creation of privacy policy training.

In addition to the ATIP Directorate, each of the sectors and regional offices of CIRNAC are ATIP Liaison Officers (ALOs) who receive callouts from the ATIP Directorate and subsequently task the requests as appropriate to areas within their sector. ALOs play a crucial role in ensuring requests are clear to the record retrievers and that the appropriate records, impact statements and approvals are obtained and communicated to ATIP Directorate officials within the designated time allowances.

The operations team
Description of the Organizational Chart of the Operation Team

Director's Office

The Director (EX-01), as institutional ATIP Coordinator, holds full delegated authority under the Act. The Director is supported in day-to-day administrative tasks by the Deputy Director Operations (PM-06), Deputy Director Privacy/Policy (PM-06) and an Administrative Assistant (AS-01) and in reporting and policy initiatives by the Reporting Analyst (PM-03).

Intake Team

The Intake Team is comprised of two Intake Officers (PM-01) and one Clerk (CR-04), who enter all applications into the electronic case management system, acknowledge receipt of requests, perform imaging services, interact with and respond to inquiries from the public, and are responsible for other administrative tasks.

Operations Team

The Operations Team is led by four Team Leaders (PM-05), who are responsible for the oversight of request processing by their team, including the review of completed requests. The Ops Team consists of Analysts PM-04, PM-03, and PM-02 level, who process Access and Privacy requests of varying volume and complexity, provide training and provide Access and Privacy advice. Privacy/Policy Team

The Privacy/Policy Team is led by two Team Leaders (PM-05), who are responsible for the oversight of request processing by their team, including the review of privacy/policy requests. The Privacy/Policy Team consists of Analysts PM-04, and PM-02 level, who respond to Privacy matters (such as breaches), provide training and provide Privacy advice.

III. Delegation Order

Under section 73 of the ATIA, the Minister's authority may be delegated to departmental officials in order to administer the ATIA within CIRNAC.

During the reporting period, the delegation order signed by Minister Carolyn Bennett on March 14, 2016, was in effect (Appendix A). Under section 73 of the ATIA, the order delegates full authority and responsibility for the ATIA to the following positions:

  • Deputy Minister
  • Associate Deputy Minister
  • Corporate Secretary
  • Departmental ATIP Coordinator

Statistics

IV. Interpretation of the Statistical Report

CIRNAC's Statistical Report was submitted to the Treasury Board Secretariat (TBS) on May 14, 2019 (Appendix B). The Report details various aspects of the requests CIRNAC received and processed during the period of April 1, 2018 to March 31, 2019.

Part 1. Requests under the Access to Information Act

1.1 Number of requests

In 2018-2019 CIRNAC received 389 requests, a decrease of approximately 25% compared to 516 in 2017-2018 (Table 1.1), 111 carried over for a total of 500 requests. The ATIP Directorate completed 344 requests and carried 156 requests over into the next reporting period 2019-2020.

The listing of CIRNAC's completed access to information requests can be found at:
Completed Access to Information Requests

Table 1.1 Number of Requests from 2016-2019
Number of Requests 2016-2017 2017-2018 2018-2019
Received during reporting period 732 516 389
Outstanding from previous reporting period 138 162 111
Total 870 678 500
Closed during reporting period 708 567 344
Carried over to next reporting period 162 111 156
1.2 Sources of requests

Of the 389 requests received during the reporting period, 132 (33.9%) were from the general public, followed by 77 (19.8%) from the media, and 68 (17.5%) from academia (Table 1.2). CIRNAC continues to receive requests predominantly from the public and media. (Table 1.2)

Table 1.2 Sources of Requests from 2016 to 2019
Source 2016-2017 2017-2018 2018-2019
Public 240 (32.8%) 166 (32.2%) 132 (33.9%)
Media 212 (28.9%) 140 (27.1%) 77 (19.8%)
Business 136 (18.6%) 93 (18.0%) 65 (16.7%)
Organization 64 (8.7%) 40 (7.8%) 24 (6.2%)
Academia 58 (7.9%) 56 (10.9%) 68 (17.5%)
Decline to Identify 22 (3%) 21 (4.0%) 23 (5.9%)
Total 732 516 389
1.3 Informal Requests

During the 2018-2019 reporting period, CIRNAC received an increase of 68.02% or 331 informal requests compared to 197 in 2017-2018.

Part 2. Requests closed During the Reporting Period

2.1 Disposition and completion time

Of the 344 requests closed during the reporting period, CIRNAC was able to fully or partially disclose records in 193 cases; that is, 56% of the time a request was submitted to CIRNAC, the result was a disclosure of records. Overall, 143 (41.5%) of the 344 requests were closed within the statutory 30 day timeframe.

Disposition and completion time
Description of the Disposition and completion time

The above pie chart demonstrates the disposition of the completed requests and their completion time.

All disclosed: 22 requests closed between 16 to 30 days, 16 requests closed between 31 to 60 days and 11 requests closed between 61 to 120 days for a total of 49 (16%) of the completed requests.

Disclosed in part: 24 requests closed between 16 to 30 days, 32 requests closed between 31 to 60 days, 38 requests closed between 61 to 120 days, 29 requests closed between 121 to 180 days, 18 requests closed between 181 to 365 days and 3 took more than 365 days totaling 144 (45%) of the completed requests. All exempted: 3 requests closed between 16 to 30 days, 2 requests closed between 31 to 60 days, 15 requests closed between 61 to 120 days and 1 request closed between 121 to 180 days for a total of 21 (4%) of the completed requests.

All excluded: 1 request closed between 16 to 30 days representing 2%.

No records exist: 9 requests closed between within 15 days, 46 requests closed between 16 to 30 days, 16 requests closed between 31 to 60 days, 7 requests closed between 61 to 120 days, 3 requests closed between 121 to 180 days totaling 81 (21%) of the completed requests.

Request abandoned: 22 requests closed between within 15 days, 16 requests closed between 16 to 30 days, 3 requests closed between 31 to 60 days, 4 requests closed between 121 to 180 days, 2 requests closed between 181 to 365 days and 1 took more than 365 days totaling 48 (12%) of the completed requests.

Among the 344 requests 31 were closed within 15 days, 112 were closed between 16 and 30 days, 69 were closed between 31 to 60 days, 71 were closed between 61 to 120 days, 37 were closed between 121 and 180 days, 20 were closed between 181 and 365 days and 4 took more than 365 days to be completed.

About twelve percent (12%) of requests were abandoned by the requester, treated informally, or transferred to the appropriate government institution. Only in 22 cases (6.3% of all requests) were the relevant records fully exempted or excluded under provisions of the ATIA.

There were 201 requests that required greater than 30 days to process, 61 of which took greater than 120 days to complete.

The most frequent outcome of the requests processed during the reporting period was 'Disclosed in part', which was the result of 144 requests (41.8%), followed by 'No records exist', with 81 requests (23.5%), and then 'All disclosed', which was the result of 49 requests (14.2%). (Table 2.1)

Table 2.1 Disposition and completion time of requests made under the Access to Information Act
Disposition of requests Completion Time
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
All disclosed 0 22 16 11 0 0 0 49
Disclosed in part 0 24 32 38 29 18 3 19
All exempted 0 3 2 15 1 0 0 21
All excluded 0 1 0 0 0 0 0 1
No records exist 9 46 16 7 3 0 0 81
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 22 16 3 0 4 2 1 9
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 31 112 69 71 37 20 4 344
2.2 Exemptions

As seen in previous years, the most commonly invoked exemption during the reporting period was advice to government pursuant to subsection 21(1) of the ATIA, which was cited in 144 requests (Table 2.2). The next most common exemptions applied were under subsections 19(1) (protection of personal information) which was cited in 113 instances, and 20(1) (101 instances) which protects certain third party information. (Table 2.2)

Table 2.2 Number of requests closed where exemption provisions were invoked
Section Number of requests
13(1)(a) 1
13(1)(b) 0
13(1)(c) 8
13(1)(d) 0
13(1)(e) 1
14 5
14(a) 6
14(b) 4
15(1) 5
15(1) – I.A.* 0
15(1) – Def.* 0
15(1) – S.A.* 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0
16(2) 2
16(2)(a) 0
16(2)(b) 1
16(2)(c) 12
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 0
16.1(1)(c) 0
16.1(1)(d) 0
16.2(1) 0
16.3 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 1
17 0
18(a) 3
18(b) 3
18(c) 0
18(d) 1
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 113
20(1)(a) 2
20(1)(b) 48
20(1)(b.1) 0
20(1)(c) 25
20(1)(d) 26
20.1 0
20.2 0
20.4 0
21(1)(a) 50
21(1)(b) 40
21(1)(c) 41
21(1)(d) 13
22 1
22.1(1) 0
23 37
24(1) 1
26 1
Total: 481
* I.A.: International Affairs, Def.: Defence of Canada, S.A.: Subversive Activities
2.3 Exclusions

In 2018-2019, CIRNAC ATIP used 62 exclusion provisions in request completed; the most frequent was 69(1)(g) re:(a) for records relating to a Memorandum to Cabinet. (Table 2.3)

Table 2.3 Number of requests closed where exclusion provisions were applied
Section Number of requests
68(a) 1
68(b) 1
68(c) 0
68.1 1
68.2(a) 1
68.2(b) 1
69(1) 1
69(1)(a) 8
69(1)(b) 3
69(1)(c) 1
69(1)(d) 3
69(1)(e) 4
69(1)(f) 2
69(1)(g) re (a) 12
69(1)(g) re (b) 6
69(1)(g) re (c) 5
69(1)(g) re (d) 6
69(1)(g) re (e) 4
69(1)(g) re (f) 2
69.1(1) 0
Total: 62
2.4 Format of information released

Over the course of this reporting period, the majority of responses were provided to the requester in paper format. In total, CIRNAC conveyed response packages in 122 requests (63% of all responses) in paper. (Table 2.4)

Table 2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 36 13 0
Disclosed in part 86 58 0
Total 122 71 0
2.5 Complexity

The following sections detail several factors affecting the complexity of requests that were completed throughout 2018-2019.

2.5.1 Relevant pages processed and disclosed

Of the 344 requests closed, 81 had no records. The remaining 263 requests generated 55,967 pages to review. The total amount of pages disclosed was 27,595 during the reporting period. (Table 2.5.1)

The listing of CIRNAC's completed access to information requests can be found at:
https://open.canada.ca/en/search/ati?ati%5B0%5D=ss_ati_organization_en%3ACrown-Indigenous%20Relations%20and%20Northern%20Affairs%20Canada

Table 2.5.1 Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 3,178 2,948 49
Disclosed in part 47,369 24,552 144
All exempted 1,991 0 21
All excluded 152 0 1
Request abandoned 3,277 95 48
Neither confirmed nor denied 0 0 0
Total 55,967 27,595 263
2.5.2 Relevant pages processed and disclosed by size of requests

The majority of the requests (208 or 79.4%) disclosed 100 pages or less. At the other end of the spectrum, nine (9) requests required the review of over 1,000 pages, which accounted for 15,152 (54.9%) pages of records disclosed. With a total of 263 requests, 27,595 pages were disclosed over the course of the 2018-2019 fiscal year. (Table 2.5.2)

Table 2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less than 100 pages processed 101-500
pages processed		 501-1000
pages processed		 1001-5000
pages processed		 More than 5000
pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
All disclosed 41 635 8 2313 0 0 0 0 0 0
Disclosed in part 110 2676 24 4962 2 1762 8 15152 0 0
All exempted 13 0 8 0 0 0 0 0 0 0
All excluded 0 0 1 0 0 0 0 0 0 0
Abandoned 45 53 2 42 0 0 1 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 209 3364 43 7317 2 1762 9 15152 0 0
2.5.3 Other complexities

During the reporting period, CIRNAC faced several challenges that contributed to the complexity of its requests. Such requests sought records pertaining to high-profile issues in the media, budget and spending information related to Indigenous groups, and allegations and complaints.

Consultations with the Department of Justice were completed regarding information that is subject to solicitor-client privilege. CIRNAC also frequently consulted with other government institution such as: Environment and Climate Change Canada, Global Affairs Canada, Health Canada, Natural Resources Canada, the Royal Canadian Mounted Police, etc. (Table 2.5.3)

Table 2.5.3 Other complexities
Disposition Consultation required Assessment of fees Legal advice sought Other Total
All disclosed 6 0 0 0 6
Disclosed in part 57 0 0 0 57
All exempted 16 0 1 0 17
All excluded 0 0 0 0 0
Abandoned 3 0 0 0 3
Neither confirmed nor denied 0 0 0 0 0
Total 82 0 1 0 83
2.6 Deemed refusals

During the reporting period, CIRNAC failed to comply with statutory deadlines on 36 occasions. The reasons to fail with the statutory deadlines are shared among workload (29), external consultation (5), and other reasons (2).

2.7 Requests for translation

During the reporting period, there were no instances where a requester asked that responsive records be translated to another official language.

Part 3. Extensions

3.1 Reasons for extensions and disposition of requests

With a workload of 500 requests for 2018-2019 (received and carried over from previous fiscal year), a total of 203 extensions under section 9(1) of the ATIA were applied in 2018-2019. The most prevalent reason for extending deadlines during this reporting period was for interference with operations (94 times, or 46.3% of all extensions).

In cases where extensions pursuant to 9(1)(a) were taken, and records existed, the requests resulted in dispositions of 'Disclosed in part' 69% of the time. Where an extension was taken under either 9(1)(a), (b) or (c), records were fully or partially disclosed in 149 out of 203 (73.4%) instances (Table 3.1). Only in 19 cases were extensions applied for external consultations with OGDs or third parties where no records were released due to exemptions or exclusions.

Of the 14 requests where extensions were taken for the purpose of consulting the Departmental Legal Services Unit (DLSU) on potential Cabinet Confidences, 8 resulted in the disclosure of records. (Figure 3.1 and Table 3.1)

Figure 3.1 Extensions and workload over the past three years
Description of Figure 3.1 Extensions and workload over the past three years

There are three (3) reasons for possible extension that may be taken as per the Act: Interference with Operations, Consultations and Third Party Notice.

The ATIP Office identified ninety-four (94) requests having an extension explained by the inference of operations in order to complete the requests. Among the ninety-four (94), ten (10) requests were disclosed in full, sixty-five (65) were disclosed in part, records were exempted in the entirety in three (3) requests, eleven (11) had no responsive documents to the requests and five were abandoned by the requesters.

Fourteen (14) requests were sent for consultation as possible cabinet confidences were found. Eight (8) of those files were disclosed in part, the records were fully exempted in four (4) requests and two (2) requests were abandoned by the requesters.

In addition, forty-two (42) requests were sent for consultation to other government institutions to obtain their representations concerning the disclosure of their information within our records. Two (2) of those files were disclosed in full, twenty-nine (29) were disclosed in part, the records were fully exempted in four (4) requests, two (2) had no responsive documents to the requests and two (2) requests were abandoned by the requesters.

Lastly, fifty-three (53) requests were sent for consultation to third parties to obtain their representations concerning the disclosure of their information within our records. Three (2) of those files were disclosed in full, thirty-two (32) were disclosed in part, the records were fully exempted in eight (8) requests, eight (8) more had responsive documents to the requests and two (2) requests were abandoned by the requesters.

Table 3.1 Reasons for extensions and disposition of requests
Disposition of requests where an extension was taken 9(1)(a) Interference with Operations 9(1)(b) Consultation 9(1)(c) Third Party Notice
Section 69 Other
All disclosed 10 0 2 3
Disclosed in part 65 8 29 32
All exempted 3 4 4 8
All excluded 0 0 0 0
No records exist 11 0 2 8
Request abandoned 5 2 5 2
Total 94 14 42 53
3.2 Length of extensions

The majority of extensions applied during the reporting period was less than 60 days (61.5%). Extensions greater than 60 days were only taken on 78 requests. (Table 3.2)

Table 3.2 Length of extensions
Length of extension 9(1)(a) Interference with Operations 9(1)(b) Consultation 9(1)(c) Third Party Notice
Section 69 Other
30 days or less 53 1 9 0
31 to 60 days 25 0 6 30
61 to 120 days 11 13 22 19
121 to 180 days 3 0 4 2
181 to 365 days 2 0 1 1
365 days or more 0 0 0 0
Total 94 14 42 53

The length of extensions applied under paragraph (a) and (b) was largely dependent on timeframes decided by the other organizations. Whenever an extension of over 30 days was applied, CIRNAC notified the Office of the Information Commissioner.

Part 4. Fees

CIRNAC collected $1,330 in application fees over the course of the reporting period (Table 4) and waived fees on 123 requests for an amount of $615.

Table 4. Fees collected and waived
Fee Type Fee Collected Fee Waived or Refunded
# of Requests Amount # of Requests Amount
Application 266 $1,330 123 $615
Search 0 0 0 0
Production 0 0 0 0
Programming 0 0 0 0
Preparation 0 0 0 0
Alternative format 0 0 0 0
Reproduction 0 0 0 0
Total 266 $1,330 123 $615

Part 5. Consultations Received from other Institutions and Organizations

5.1 Consultations received from other Government of Canada institutions and organizations

CIRNAC received 166 consultations for a total of 6,832 pages from other government institutions and 7 consultations from other organizations with 78 pages to review. CIRNAC carried over another 5 files from the previous year, for a total of 178 consultations in 2018-2019 (Table 5.1).

The ATIP Directorate completed 133 consultations, reviewing 4,800 pages and carried over 45 consultation requests into the 2019-2020 fiscal year.

Table 5.1 Consultation received from other Government of Canada institutions and organizations
Consultations Other government institutions # Pages to review Other organizations # Pages to review
Received during reporting period 166 6832 7 78
Outstanding from the previous reporting period 5 326 0 0
Total 171 7158 7 78
Closed during the reporting period 126 4722 7 78
Pending at the end of the reporting period 45 2436 0 0
5.2 Recommendations and completion time for consultations received from other Government of Canada institutions

In 2018-2019, the majority of cases (91 consultation requests, or 72% of all consultation requests) CIRNAC recommended that the government institution disclose the consulted pages in their entirety (Table 5.2).

The bulk of consultations processed by the ATIP Directorate (111 consultation requests, or 88% of all consultation requests) were completed within 60 days of their receipt (Table 5.2). There were 15 occurrences where CIRNAC required longer than 60 days to provide a response to the consulting institution.

Table 5.2 Consultation and completion time for consultations received from other Government of Canada institutions Recommendations Number of days required to complete consultations
Recommendations Number of days required to complete consultations
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
Disclose entirely 24 33 27 7 0 0 0 91
Disclose in part 1 8 11 4 1 1 0 26
Exempt entirely 0 1 2 0 0 0 0 3
Exclude entirely 0 0 1 0 0 0 0 1
Consult other institution 3 0 0 2 0 0 0 5
Other 0 0 0 0 0 0 0 0
Total 28 42 41 13 1 1 0 126
5.3 Recommendations and completion time for consultations received from other organizations

In 2018-2019, CIRNAC received seven (7) new consultation requests from other organizations. For the purposes of this section, other organizations include the governments of the provinces, territories and municipalities, and of other countries.

All but one (1) of the consultations processed by the ATIP Directorate were completed within 60 days of their receipt (Table 5.3).

Table 5.3 Recommendations and completion time for consultations received from other organizations
Recommendations Number of days required to complete consultations
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
Disclose entirely 0 1 3 1 0 0 0 5
Disclose in part 2 0 0 0 0 0 0 2
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 2 1 3 1 0 0 0 7

Part 6. Completion time of Consultations on Cabinet Confidences

During 2018-2019, CIRNAC sent 15 consultations on the application of section 69 of the ATIA to the Departmental Legal Services Unit for Cabinet confidences Consultation (Table 6.1). No consultations on Cabinet confidences took greater than 120 days to complete. A total of 74 pages were recommended to be disclosed.

Table 6.1 Requests with Legal Services
Disposition Less than 100
pages processed		 101-500
pages processed		 501-1000
pages processed		 1001-5000
pages processed		 More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
1 to 15 2 16 0 0 0 0 0 0 0 0
16 to 30 5 25 0 0 0 0 0 0 0 0
31 to 60 2 7 0 0 0 0 0 0 0 0
61 to 120 6 26 0 0 0 0 0 0 0 0
121 to 180 0 0 1 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 15 74 0 0 0 0 0 0 0 0

Throughout 2018-2019, CIRNAC did not send any consultation requests to the Privy Council Office. (Table 6.2)

Table 6.2 Requests with Privy Council Office
Disposition Less than 100 pages processed 101-500
pages processed		 501-1000
pages processed		 1001-5000
pages processed		 More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

Part 7. Complaints and Investigations

During the 2018-2019 reporting period, 23 new complaints were registered with the Office of the Information Commissioner (OIC) against CIRNAC (Table 7.1). The Treasury Board Secretariat of Canada requires institutions to track in the statistical report section 32, 35 and 37 of the Access to Information Act. Section 32 is when the institution receives notice of a complaint from the OIC. Section 35 requires the institution to make representations against a complaint to the OIC. Section 37 is the formal finding of the OIC as well founded or not well found. These sections are not cumulative.

Table 7.1 Complaints and Investigation
Section 32 Section 35 Section 37 Total
23 11 46 80

Part 8. Court Action

The ATIP Directorate with CIRNAC was not involved in any court action during this reporting period.

Part 9. Resources related to the Access to Information Act

9.1 Costs

The ATIP Directorate functioned under a shared services model to support CIRNAC and ISC. It spent a total of $1,603,740 on staffing, goods and services, and was supported by 23 human resources for both Access to Information and Privacy.

Calculations for the annual reports reflect the level of effort in support of CIRNAC's responsibilities pursuant to the Acts.

In 2018-2019, CIRNAC spent $642,084 on the administration of the ATIA and was supported by 9.20 Human Resources. (Table 9.1 and 9.2)

Figure 9.1 Resources related to the Access to Information Act
Expenditures Amount
Salaries $589,744
Overtime $1,568
Goods and Services $50,772
Professional services contracts $8,952
Other $41,820
Total $642,084
9.2 Human Resources

The Operations Unit within the ATIP Directorate consisted of 8.8 full-time equivalents (FTEs) dedicated to access to information activities (Table 9.2). Over the course of the reporting period, CIRNAC hired 0.40 students or consultants.

Table 9.2 Human resources dedicated to the administration of the Access to Information Act
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 8.80
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.40
Total 9.20

Highlights

V. 2018-2019 Points of Interest

This past fiscal year (2018-2019) was the first full year of reporting for CIRNAC under the ATIA and the Privacy Act (PA).

CIRNAC continued to meet its obligations under the Acts by ensuring a compliance rate of 79% under the ATIA and 85% under the Privacy Act (PA).

The Department received 389 ATIA requests and closed 344. It processed 55,967 pages of records for access.

The largest source of ATIA requestors came from the public at 34% followed by the media at 20%.

The most applied exemptions under the ATIA were section 19 for personal information followed by section 21(1) for advice and guidance. These were the same results identified in the previous year's annual report.

The most applied exclusion under the ATIA was section 69(1)(g) as they generally contained references to records related to funding via Treasury Board Submissions and Memoranda to Cabinet.

The most applied extension under ATIA, past the 30 day maximum, was section 9(1)(a) for interference with operations.

Complaints from the Office of the Information Commissioner fell to 23, lower than the 38 complaints received in 2017-2018.

The Department closed more complaints (46) than it received as some were carried over from the previous year. A total of 70,334 pages were processed under complaint compared to the 5,679 pages processed in the previous reporting year.

ATIP has administered the Acts in a shared services environment for both CIRNAC and ISC since November 30, 2017.

Overall, for both departments in 2018-2019, there was an increase of 41% in new ATIA requests.

A total of 255,470 pages were processed under ATIA for both departments compared to the 216,738 pages process in 2017-2018.

ATIP also trained a total of 870 employees (562 ISC/308 CIRNAC) on the ATIA and PA in 2018-2019.

The ATIP Directorate as a whole spent $1,603,740 on staffing, goods and services and was supported by 23 human resources.

CIRNAC ATIP spent $801,870 on staffing and goods and services and was supported by 11.5 Human Resources. The amount was separated 80% for the Access to Information report and 20% for the Privacy report.

Appendix A

Order of Delegation of the Access to Information Act dated March 16, 2016.

Description of the Order of Delegation of the Privacy Act dated March 14, 2016

Pursuant to the powers of designation conferred upon me by Section 73 of the Access to Information Act, the persons exercising the functions or positions Deputy Minister (position number 00000001), Associate Deputy Minister (position number 00000006), Corporate Secretary (position number 00012294), and the departmental Access to Information Privacy Coordinator/Director (position number 20003872), and their respective successors, including in their absence, a person or officer designated in writing to act in the place of the holder of any such functions or positions are hereby designated to exercise those powers, duties or functions of the Minister as the Head of the government institution under the Act, and as set out in the attached Schedule A.

The departmental Access to Information and Privacy Deputy Director (position number 20007504) and Team Leaders (position number 00012590 and 00012061) including in her/his absence, a person or officer designated in writing as being authorized to act in the place of the holder of any such function or position, are hereby designated to exercise those powers, duties or functions of the Minister as the Head of the government institution under the Act, and as set out in the attached Schedule B.

Original document signed on March 14, 2016

The Honourable Carolyn Bennett

Minister of Indian Affairs and Northern Development

Loi sur l'accès a l'information – Ordonnance de délégation de pouvoirs -– Ordonnance de délégation de pouvoirs.

présentes les employés exerçant des fonctions ou occupant le poste de sous-ministre (numéro de poste 00000001), sous-ministre délégué(e) (numéro de poste 00000006), secrétaire du Ministère (numéro de poste 00012294), coordonnateur/directeur de l'Access a l'information et de la protection des renseignements personnels (numéro de poste 20003872), et leurs successeurs respectifs et les employés qui les remplacent en leur absence, ou toute personne ou agent désigné par écrit pour les remplacer, à exercer ces pouvoirs, responsabilités ou fonctions dévolus au ministre en tant que chef de cette institution administrative en vertu de la Loi, et tel qu'énoncés dans l'annexe A ci-jointe.

J'autorise par la présente le Directeur adjoint (numéro de poste 20007504) et le Chefs d'équipe de l'Accès à l'information et de la protection des renseignements personnels (numéros de postes 00012590 et 00012061), y compris, en leur absence, toute personne ou agent désigné par écrit pour agir en son nom, à exercer les pouvoirs, les responsabilités ou les fonctions dévolus au ministre en tant que Chef de cette institution administrative du gouvernement en vertu de la Loi, et tel qu'énoncés dans l'annexe B ci-jointe.

Document original signé le 14 mars, 2016

L'honorable Carolyn Bennett

Ministre des Affaires Indiennes et du Nord canadien

Schedule A

Departement of Indian Affairs and Northern Development schedule to Delegation Order

Designation pursuant to section 73 of the Acces to Information Act

Sections and Powers, Duties or Functions
6
Advise requesters that we need additional information to proceed with their request
7(a)
Give written notice to requestor that we can proceed with the request
8(1)
Transfer request to another institution or accept transfer from another institution
9
Extend time limits
10
Refuse to acknowledge or deny the existence of records
11
Charge additional fees
13
Exempt information obtained in confidence
14
Exempt information pertaining to federal-provincial affairs
15
Exempt information pertaining to international affairs and/or defence
16
Exempt information pertaining to law enforcement and investigations
17
Exempt information pertaining to the safety of individuals
18
Exempt information pertaining to the economic interests of Canada
19
Exempt personal information
20
Exempt or disclose third party information
21
Exempt information pertaining to advice, decision-making processes of government plans and positions etc.
22
Exempt information pertaining to testing procedures or audits
23
Exempt information pertaining to solicitor-client privilege
24
Exempt information subject to statutory prohibitions or other Acts of Parliament
25
Sever information
26
Exempt information to be published within 90 days
27(1)(4)
Notify third parties of their rights to provide comments/representations regarding the disclosure of their records
28
Receive third party representations; make a decision as to whether to disclose the record or part thereof; and, notify third party of right to appeal to Federal Court
29(1)
Disclose information on Information Commissioner's recommendation
33
Advise the Information Commissioner of any third-party involvement
35(2)
Make representations to the Information Commissioner during an investigation
37(4)
Release information to complainant
43(1)
Issue a notice to a third party of an application for Court review
44(2)
Issue a notice to an applicant that a third party has applied for Court review
52
Request special rules for hearings
69
Exclude Cabinet Confidences
71
Inspect and exempt information in manuals
72(1)
Prepare Annual Report to Parliament
77
Carry out responsibilities conferred to the Head of the institution by the regulations made under section 77 which are not included in the above

Schedule B

Departement of Indian Affairs and Northern Development schedule to Delegation Order

Designation pursuant to section 73 of the Acces to Information Act

Sections and Powers, Duties or Functions
6
Advise requesters that we need additional information to proceed with their request
7(a)
Give written notice to requestor that we can proceed with the request
8(1)
Transfer request to another institution or accept transfer from another institution
9
Extend time limits
27(1)(4)
Notify third parties of their rights to provide comments/representations regarding the disclosure of their records
28
Receive third party representations; make a decision as to whether to disclose the record or part thereof; and, notify third party of right to appeal to Federal Court
33
Advise the Information Commissioner of any third-party involvement
35(2)
Make representations to the Information Commissioner during an investigation
43(1)
Issue a notice to a third party of an application for Court review
44(2)
Issue a notice to an applicant that a third party has applied for Court review

Appendix B

Statistical Report on the Access to Information Act

Name of institution: CIRNAC

Reporting period: 2018-04-01 to 2019-03-31

Part 1: Requests Under the Access to Information Act

1.1 Number of requests
  Number of Requests
Received during reporting period 389
Outstanding from previous reporting period 111
Total 500
Closed during reporting period 344
Carried over to next reporting period 156
1.2 Sources of requests
Source Number of Requests
Media 77
Academia 68
Business (private sector) 65
Organization 24
Public 132
Decline to Identify 23
Total 389
1.3 Informal requests
Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
68 21 82 96 60 4 0 331

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
Disposition of Requests Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 0 22 16 11 0 0 0 49
Disclosed in part 0 24 32 38 29 18 3 144
All exempted 0 3 2 15 1 0 0 21
All excluded 0 1 0 0 0 0 0 1
No records exist 9 46 16 7 3 0 0 81
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 22 16 3 0 4 2 1 48
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 31 112 69 71 37 20 4 344
2.2 Exemptions
Section Number of Requests
13(1)(a) 1
13(1)(b) 0
13(1)(c) 8
13(1)(d) 0
13(1)(e) 1
14 5
14(a) 6
14(b) 4
15(1) 5
15(1) – I.A.* 0
15(1) – Def.* 0
15(1) – S.A.* 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0
16(2) 2
16(2)(a) 0
16(2)(b) 1
16(2)(c) 12
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 0
16.1(1)(c) 0
16.1(1)(d) 0
16.2(1) 0
16.3 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 1
17 0
18(a) 3
18(b) 3
18(c) 0
18(d) 1
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 113
20(1)(a) 2
20(1)(b) 48
20(1)(b.1) 0
20(1)(c) 25
20(1)(d) 26
20.1 0
20.2 0
20.4 0
21(1)(a) 50
21(1)(b) 40
21(1)(c) 41
21(1)(d) 13
22 1
22.1(1) 0
23 37
24(1) 1
26 1
* I.A.: International Affairs, Def.: Defence of Canada, S.A.: Subversive Activities
2.3 Exclusions
Section Number of requests
68(a) 1
68(b) 1
68(c) 0
68.1 1
68.2(a) 1
68.2(b) 1
69(1) 1
69(1)(a) 8
69(1)(b) 3
69(1)(c) 1
69(1)(d) 3
69(1)(e) 4
69(1)(f) 2
69(1)(g) re (a) 12
69(1)(g) re (b) 6
69(1)(g) re (c) 5
69(1)(g) re (d) 6
69(1)(g) re (e) 4
69(1)(g) re (f) 2
69.1(1) 0
2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 36 13 0
Disclosed in part 86 58 0
Total 122 71 0
2.5 Complexity
2.5.1 Relevant pages processed and disclosed
Disposition of Requests Number of Pages Processed Number of Pages Disclosed Number of Requests
All disclosed 3178 2948 49
Disclosed in part 47369 24552 144
All exempted 1991 0 21
All excluded 152 0 1
Request abandoned 3277 95 48
Neither confirmed nor denied 0 0 0
2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less Than 100
Pages Processed		 101-500
Pages Processed		 501-1000
Pages Processed		 1001-5000
Pages Processed		 More Than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
All disclosed 41 635 8 2313 0 0 0 0 0 0
Disclosed in part 110 2676 24 4962 2 1762 8 15152 0 0
All exempted 13 0 8 0 0 0 0 0 0 0
All excluded 0 0 1 0 0 0 0 0 0 0
Request abandoned 45 53 2 42 0 0 1 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 209 3364 43 7317 2 1762 9 15152 0 0
2.5.3 Other complexities
Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 6 0 0 0 6
Disclosed in part 57 0 0 0 57
All exempted 16 0 1 0 17
All excluded 0 0 0 0 0
Request abandoned 3 0 0 0 3
Neither confirmed nor denied 0 0 0 0 0
Total 82 0 1 0 83
2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
36 29 5 0 2
2.6.2 Number of days past deadline
Number of Days Past Deadline Number of Requests Past Deadline Where No Extension Was Taken Number of Requests Past Deadline Where An Extension Was Taken Total
1 to 15 days 11 4 15
16 to 30 days 1 1 2
31 to 60 days 1 0 1
61 to 120 days 3 4 7
121 to 180 days 0 6 6
181 to 365 days 1 3 4
More than 365 days 1 0 1
Total 18 18 36
2.7 Requests for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Part 3: Extensions

3.1 Reasons for extensions and disposition of requests
Disposition of Requests Where an Extension Was Taken 9(1)(a) Interference With Operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
All disclosed 10 0 2 3
Disclosed in part 65 8 29 32
All exempted 3 4 4 8
All excluded 0 0 0 0
No records exist 11 0 2 8
Request abandoned 5 2 5 2
Total 94 14 42 53
3.2 Length of extensions
Length of Extension 9(1)(a) Interference With Operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
30 days or less 53 1 9 1
31 to 60 days 25 0 6 30
61 to 120 days 11 13 22 19
121 to 180 days 3 0 4 2
181 to 365 days 2 0 1 1
365 days or more 0 0 0 0
Total 94 14 42 53

Part 4: Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of Requests Amount Number of Requests Amount
Application 266 $1,330 123 $615
Search 0 $0 0 $0
Production 0 $0 0 $0
Programming 0 $0 0 $0
Preparation 0 $0 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 0 0
Total 266 $1,330 123 $615

Part 5: Consultations Received From Other Institutions and Organizations

5.1 Consultations received from other Government of Canada institutions and organizations
Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during reporting period 166 6832 7 78
Outstanding from the previous reporting period 5 326 0 0
Total 171 7158 7 78
Closed during the reporting period 126 4722 7 78
Pending at the end of the reporting period 45 2436 0 0
5.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 24 33 27 7 0 0 0 91
Disclose in part 1 8 11 4 1 1 0 26
Exempt entirely 0 1 2 0 0 0 0 3
Exclude entirely 0 0 1 0 0 0 0 1
Consult other institution 3 0 0 2 0 0 0 5
Other 0 0 0 0 0 0 0 0
Total 28 42 41 13 1 1 0 126
5.3 Recommendations and completion time for consultations received from other organizations
Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 0 1 3 1 0 0 0 5
Disclose in part 2 0 0 0 0 0 2 3
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 2 1 3 1 0 0 0 7

Part 6: Completion Time of Consultations on Cabinet Confidences

6.1 Requests with Legal Services
Number of Days Fewer Than 100 Pages Processed 101-500
Pages Processed		 501-1000
Pages Processed		 1001-5000
Pages Processed		 More than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 2 16 0 0 0 0 0 0 0 0
16 to 30 5 25 0 0 0 0 0 0 0 0
31 to 60 2 7 0 0 0 0 0 0 0 0
61 to 120 6 26 0 0 0 0 0 0 0 0
121 to 180 0 0 1 30 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 15 74 0 0 0 0 0 0 0 0
6.2 Requests with Privy Council Office
Number of Days Less than 100 Pages Processed 101-500
Pages Processed		 501-1000
Pages Processed		 1001-5000
Pages Processed		 More than 5000
Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

Part 7: Complaints and Investigations

Section 32 Section 35 Section 37 Total
23 11 46 80

Part 8: Court Action

Section 41 Section 42 Section 44 Total
0 0 0 0

Part 9: Resources Related to the Access to Information Act

9.1 Costs
Expenditures Amount
Salaries $589,744
Overtime $1,568
Goods and Services $50,772
Professional services contracts $8,952
Other $41,820
Total $642,084
9.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 8.80
Part-time and casual employees 0.06
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.40
Total 9.20
Note: Enter values to two decimal places.

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