Annual report to Parliament 2020-2021: 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, 2020 to March 31, 2021.

The annual report, submitted to Parliament pursuant to section 94 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:

  • Limiting the break in service during COVID-19;
  • Continued training initiatives to increase departmental ATIA capacity and awareness; and
  • Further development of ATIP in a shared service.

Creation of Two New Departments

In June 2019, the Department of Crown-Indigenous Relations and Northern Affairs Act and the Department of Indigenous Services Act received royal ascent. This formalized the creation of the two new departments. The ATIP Directorate provides shared services support for CIRNAC and Indigenous Services Canada (ISC) through a Memorandum of Understanding (MOU) between the departments.

Delegation on ministerial responsibilities for the Access to Information Act (ATIA) remains institutionally specific.

Crown-Indigenous Relations and Northern Affairs Canada's Mandate

CIRNAC continues to renew the nation-to-nation, Inuit-Crown, government-to-government relationship between Canada and First Nations, Inuit and Métis. Its mandate is to modernize Government of Canada structures to enable Indigenous peoples to build capacity and support their vision of self-determination; and lead the Government of Canada's work in the North.

The relationship must be based on the recognition of rights, respect, co-operation, and partnership. CIRNAC will build on the progress that has been made already, including the establishment of rights and recognition tables across the country, the creation of permanent bilateral mechanisms 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 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 Crown-Indigenous Relations and Northern Affairs Act (preceded by 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 CIRNAC's programs, representing a majority of its spending, are delivered through partnerships with Indigenous communities and through federal-provincial or federal-territorial agreements. CIRNAC also works with urban Indigenous people.

II. Organization

Access to Information and Privacy Directorate at Crown-Indigenous Relations and Northern Affairs Canada's Mandate

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.

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. Education and awareness of access to information and privacy issues throughout the Department; and
  4. Proactive publications.

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. All requests are monitored using the tracking system Access Pro Case Management.

ATIP analysts work closely with the relevant program areas to ensure that all responsive documents are provided and 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 CIRNAC with the creation of privacy policy training.

In addition to the ATIP Directorate, within each of the sectors and regional offices of CIRNAC are located ATIP Liaison Officers (ALOs) who receive requests for records from the ATIP Directorate and subsequently task the requests, as appropriate, to areas within their sector. The 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 ATIA. 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 by the Systems Administrator (AS-04)

Intake Team

The Intake Team is led by one Team Lead (PM-05) and is comprised of various Intake Officers (PM-01 and CR-04's), 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.

Operations Team

The Operations Team is led by four Team Leaders (PM-05), who are responsible for the overview of request processing by their team, including the review of completed requests. The Operations Team consists of Analysts at the PM-04, PM-03, and PM-02 levels who process Access and Privacy requests of varying volume and complexity, as well as provide training.

Privacy/Policy Team

The Privacy/Policy Team is led by two Team Leaders (PM-05), who are responsible for the overview of request processing by their team, including the review of privacy/policy requests. The Privacy/Policy Team consists of Analysts at the PM-04, PM-03 and PM-02 levels who respond to Privacy matters (such as privacy breaches, Privacy Impact Assessment), also provides training and Privacy advice, supported by a Clerk (CR-04).

III. Delegation Order

Under section 95 of the ATIA, the Minister's authority may be delegated to departmental officials in order to administer the Act within CIRNAC.

During the reporting period, the delegation order signed by the Honorable Carolyn Bennett, Minister of Crown-Indigenous Relations, on January 28, 2021, was in effect (Appendix A). The order delegates full authority and responsibility for the ATIA to the following positions:

  • Deputy Minister
  • Associate Deputy Minister
  • Corporate Secretary
  • ATIP Coordinator
  • Deputy Director's

Statistics

IV. Interpretation of the Statistical Report

CIRNAC's Statistical Report and Supplemental Report was submitted to the Treasury Board Secretariat (TBS) on June 4, 2021 (Appendix B). The Report details various aspects of the requests CIRNAC received and processed during the period of April 1, 2020 to March 31, 2021.

Section 1. Requests under the Access to Information Act

1.1 Number of requests

In 2020-2021, CIRNAC received 196 requests, representing a decrease of approximately 41% compared to the 333 received in 2019-2020 (Table 1.1). With the addition of the 265 requests that were carried over from the previous year, this reflected a total of 461 requests to be processed. The ATIP Directorate completed 236 requests and carried 225 requests into the next reporting period 2021-2022.

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 2018-2021
Number of Requests 2018-2019 2019-2020 2020-2021
Received during reporting period 389 333 196
Outstanding from previous reporting period 111 156 265
Total 500 489 461
Closed during reporting period 344 244 236
Carried over to next reporting period 156 265 225
1.2 Sources of requests

Of the 196 requests received during the reporting period, 70 (35.7%) were from businesses, followed by 56 (28.6%) from the public, and 33 (16.8%) from media (Table 1.2). CIRNAC continues to receive requests predominantly from businesses, the public and the media. (Table 1.2)

Table 1.2 Sources of Requests from 2018 to 2021
Source 2018-2019 2019-2020 2020-2021
Public 132 (33.9%) 141 (42.4%) 56 (28.6%)
Media 77 (19.8%) 62 (18.6%) 33 (16.8%)
Business 65 (16.7%) 61 (18.3%) 70 (35.7%)
Organization 24 (6.2%) 8 (2.4%) 10 (5.1%)
Academia 68 (17.5%) 21 (6.3%) 12 (6.1%)
Decline to Identify 23 (5.9%) 40 (12%) 15 (7.7%)
Total 389 333 196
1.3 Informal Requests

During the 2020-2021 reporting period, CIRNAC received 111 informal requests, a decrease of 44% compared to the 198 requests received in 2019-2020.

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

There were no requests submitted to CIRNAC under the Access to Information Act that were considered vexatious, made in bad faith, or an abuse of rights during the 2020-2021 reporting year.

Section 3. Requests closed during the reporting period

3.1 Disposition and completion time

Of the 236 requests closed during the reporting period, in 84 cases (35% of the requests) CIRNAC was able to fully or partially disclose records.

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: 0 requests closed within the first 15 days, 4 requests closed between 16 to 30 days, 5 requests closed between 31 to 60 days, 6 requests closed between 61 to 120 days and 12 requests closed between 181 to 365 days for a total of 27 (20%) of the completed requests.

Disclosed in part: 0 requests closed within the first 15 days,5 requests closed between 16 to 30 days, 3 requests closed between 31 to 60 days, 11 requests closed between 61 to 120 days, 11 requests closed between 121 to 180 days, 7 requests closed between 181 to 365 days and 1 took more than 365 days totaling 57 (24%) of the completed requests.

All exempted: 0 requests closed within the first 15 days, 0 requests closed between 16 to 30 days, 0 request closed between 31 to 60 days, 2 requests closed between 61 to 120 days and 0 request closed between 121 to 180 days for a total of 4 (2%) of the completed requests.

All excluded: 0 request closed between 16 to 30 days, 0 requests closed between 16 to 30 days, 2 request closed between 61 to 120 days and 0 request closed between 121 to 180 days for a total of 2 (1%) of the completed requests.

No records exist: 12 requests closed between within 15 days, 20 requests closed between 16 to 30 days, 13 requests closed between 31 to 60 days, 24 requests closed between 61 to 120 days, 7 requests closed between 121 to 180 days, 14 requests closed between 181 to 365 days, and 3 took more than 365 days, totaling 93 (39%) of the completed requests.

Request transferred: 3 requests closed between within 15 days, 1 request closed between 16 to 30 days, 2 requests closed between 31 to 60 days, 1 request closed between 121 to 180 days, for total of 7 (3%) of the completed requests.

Request abandoned: 9 requests closed between within 15 days, 2 requests closed between 16 to 30 days, 1 request closed between 31 to 60 days, 3 request closed between 61 to 120 days, 3 requests closed between 121 to 180 days, 3 request closed between 181 to 365 days, 25 requests took more than 365 days, for a total of 46 (11%) of the completed requests.

Among the 236 requests 24 were closed within 15 days, 32 were closed between 16 and 30 days, 24 were closed between 31 to 60 days, 48 were closed between 61 to 120 days, 26 were closed between 121 and 180 days, 31 were closed between 181 and 365 days and 51 took more than 365 days to be completed.

About 26% percent of requests were abandoned, treated informally, or transferred to the appropriate government institution. In only six cases (3% of all requests) were the relevant records fully exempted or excluded under provisions of the Act. Finally, there was a "no records exist" response in 93 cases or 39.4% of the requests. (Table 3.1). Overall, 128 (54.2%),of the 236 requests were closed within legislative timelines. There were 56 requests that required less than 31 days to process, 24 of which took no more than 15 days to complete.

Table 3.1 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 4 5 6 4 7 1 27
Disclosed in part 0 5 3 11 11 7 20 57
All exempted 0 0 0 2 0 0 2 4
All excluded 0 0 0 2 0 0 0 2
No records exist 12 20 13 24 7 14 3 93
Request transferred 3 1 2 0 1 0 0 7
Request abandoned 9 2 1 3 3 3 25 46
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 24 32 24 48 26 31 51 236
3.2 Exemptions

The most commonly invoked exemption during the reporting period was protection of personal information pursuant to section 19(1) of the Act, which was cited in 68 requests (Table 3.2). The next most commonly used exemptions applied were under section 21(1)(a) (advice to government) which was applied in 27 instances, and section 20(1)(b) (protection of 3rd party information) which was applied in 26 instances. (Table 3.2). In the total number of exemptions, a file can be counted more than once if different exemptions are applied.

Table 3.2 Number of requests closed where exemption provisions were invoked
Section Number of requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 2
13(1)(d) 0
13(1)(e) 3
14 0
14(a) 3
14(b) 2
15(1) 0
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) 0
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
16.31 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
16.6 0
17 0
18(a) 0
18(b) 1
18(c) 0
18(d) 0
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 68
20(1)(a) 0
20(1)(b) 31
20(1)(b.1) 2
20(1)(c) 9
20(1)(d) 5
20.1 0
20.2 0
20.4 0
21(1)(a) 27
21(1)(b) 26
21(1)(c) 16
21(1)(d) 0
22 0
22.1(1) 1
23 20
23.1 0
24(1) 0
26 0
Total 229
* I.A.: International Affairs
Def.: Defence of Canada
S.A.: Subversive Activities
3.3 Exclusions

In 2020-2021, the Department applied 13 mandatory exclusion provisions on requests completed. The most frequently applied was for records relating to a Memorandum to Cabinet. (Table 3.3)

Table 3.3 Number of requests closed where exclusion provisions were applied
Section Number of requests
68(a) 2
68(b) 0
68(c) 0
68.1 2
68.2(a) 0
68.2(b) 0
69(1) 2
69(1)(a) 0
69(1)(b) 0
69(1)(c) 1
69(1)(d) 1
69(1)(e) 1
69(1)(f) 0
69(1)(g) re (a) 3
69(1)(g) re (b) 0
69(1)(g) re (c) 0
69(1)(g) re (d) 1
69(1)(g) re (e) 0
69(1)(g) re (f) 0
69.1(1) 0
Total 13
3.4 Format of information released

Over the course of this reporting period, the majority of responses were provided to the requester electronically through E-post. On five occasions, individuals who did not have access to retrieve records electronically were provided with paper copies through regular mail. (Table 3.4)

Table 3.4 Format of information released
Paper Electronic Other
5 79 0
3.5 Complexity

The following sections detail several factors affecting the complexity of requests that were completed throughout 2020-2021.

3.5.1 Relevant pages processed and disclosed

Of the 236 requests closed, 136 requests generated 23,529 pages processed. The total amount of pages disclosed was 16,450 during the reporting period. Five requests were transferred to other departments. (Table 3.5.1)

Table 3.5.1 Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
Total 23,529 16,450 136
3.5.2 Relevant pages processed and disclosed by size of requests

The majority of the requests (109 or 80.1%) disclosed 100 pages or less. At the other end of the spectrum, seven requests required the review of over 1,000 pages, which accounted for 10,007 pages of records disclosed.

Table 3.5.2 Relevant pages processed and disclosed by size of request
Disposition Less than 100 pages processed 101-500 pages processed 501-1,000 pages processed 1,001-5,000 pages processed More than 5,000 pages processed
Requests Pages Requests Pages Requests Pages Requests Pages Requests Pages
All disclosed 24 214 2 254 0 0 1 1,029 0 0
Disclosed in part 39 1,091 14 3,469 0 0 4 7,559 0 0
All exempted 3 0 0 0 0 0 1 0 0 0
All excluded 2 0 0 0 0 0 0 0 0 0
Abandoned 41 0 3 626 1 789 1 1,419 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0 0 0
Total 109 1,305 19 4,349 1 789 7 10,007 0 0
3.5.3 Other complexities

During the reporting period, the Department consulted 61 times, most frequently in 37 instances with other government institution such as: Department of Justice, Health Canada, Fisheries and Oceans Canada, Environment and Climate Change Canada, etc. More than one institution can be consulted per request. (Table 3.5.3)

Table 3.5.3 Other complexities
Disposition Consultation required Assessment of fees Legal advice sought Other Total
All disclosed 2 0 0 7 9
Disclosed in part 19 0 1 10 30
All exempted 0 0 0 0 0
All excluded 0 0 0 2 2
Abandoned 16 0 1 3 20
Neither confirmed nor denied 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0
Total 37 0 2 22 61
3.6 Closed Requests
3.6.1 Number of requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 128
Percentage of requests closed within legislated timelines (%) 54.2
3.7 Deemed refusals

During the reporting period, CIRNAC did not respond within the statutory timelines on 108 occasions. The majority of deemed refusals were a result of challenges of the Departments ability to retrieve records due to ongoing remote work requirements. Pressures also included external consultations with First Nation's communities and other institutions. All of these factors affected workload and overall performance for the Department.

3.8 Requests for translation

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

Section 4. Extensions

4.1 Reasons for extensions and disposition of requests

With a workload of 461 requests for 2020-2021 (reflecting both received and carried over from previous fiscal year), a total of 183 extensions were applied under section 9(1) of the Act. The most prevalent reason for extending deadlines during this reporting period was for interference with operations which was applied 113 times, representing 61.7% of all extensions.

In cases where extensions were applied pursuant to section 9(1)(a), due to volume/interference, it resulted in "disclosed in part" 42.3% of the time. Where an extension was taken under either 9(1)(b) or 9(1)(c) for consultations, records were "fully disclosed" or "partially disclosed" in 32 out of 70 instances (45.7%) (Table 4.1).

Figure 4.1 Extensions and workload over the past three years
Description of Figure 4.1 Extensions and workload over the past three years

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

The ATIP Office identified 113 requests having an extension explained by the inference of operations in order to complete the requests. Among the 113, 14 requests were disclosed in full, 30 were disclosed in part, records were exempted in its entirety in 3 requests and excluded in 2, 42 had no responsive documents to the requests and 22 were abandoned by the requesters.

The ATIP Office identified 2 requests having an extension taken to complete consultation for possible cabinet confidences, both were abandoned by the requester. 29 extensions were taken to consult with other government departments, among those, 16 were disclosed in part, 1 no records exist, 12 were abandoned.

Lastly, 39 requests were sent for consultation to third parties to obtain their representations concerning the disclosure of their information within our records. Among those, 2 were all disclosed, 14 were disclosed in part, the records were fully exempted in 1 requests, 9 had no responsive documents to the requests and 13 were abandoned by the requester.

Table 4.1 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 14 0 0 2
Disclosed in part 30 0 16 14
All exempted 3 0 0 1
All excluded 2 0 0 0
No records exist 42 0 1 9
Request abandoned 22 2 12 13
Decline to act with the approval of the Information Commissioner 0 0 0 0
Total 113 2 29 39
4.2 Length of extensions

The majority of extensions (60.1%) applied during the reporting period was less than 120 days. (Table 4.2).

Table 4.2 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 15 0 5 4
31 to 60 days 20 1 13 20
61 to 120 days 11 1 8 12
121 to 180 days 57 0 1 2
181 to 365 days 10 0 1 1
365 days or more 0 0 1 0
Total 113 2 29 39

The length of extensions applied under paragraph (a) and (b) was largely dependent on timeframes decided by our program areas due to the restrictions in accessing records caused by remote working measures put in place to respond to the COVID-19 pandemic.

Whenever an extension of over 30 days was applied, the Department notified the Office of the Information Commissioner.

Section 5. Fees

The Department collected application fees for 164 requests over the course of the reporting period (Table 5) and waived fees on 32 requests for an amount of $820 in fees collected. Fees were waived in support of openness and transparency.

Table 5. Fees collected and waived
Fee Type Fee Collected Fee Waived or Refunded
# of Requests Amount # of Requests Amount
Application 164 $820 32 $160
Other Fees 0 $0 0 $0
Total 164 $820 32 $160

Section 6. Consultations Received from other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and organizations

The Department received 57 consultations for a total of 1,840 pages from other government institutions and four consultations from other organizations with 2,292 pages to review. Another 37 files from the previous year were carried over, for a total of 98 consultations in 2020-2021 (Table 6.1). A total of 87 consultations were completed, which included the review of 5,648 pages, and 11 consultations were carried into the 2021-2022 fiscal year.

Table 6.1 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 57 1,840 4 2,292
Outstanding from the previous reporting period 34 1,575 3 34
Total 91 3,415 7 2,326
Closed during the reporting period 80 3,322 7 2,326
Pending at the end of the reporting period 11 93 0 0
6.2 Recommendations and completion time for consultations received from other Government of Canada institutions

In 2020-2021, of the 80 consultations completed, 51 consultations or 63.7% were recommended by the Department for full disclosure (Table 6.2).

Forty two consultations or (52.5%), were completed within 120 days of their receipt (Table 6.2). There were 38 occurrences where the Department required longer than 120 days to provide a response to the consulting institution.

Table 6.2 Consultation and completion time for consultations received from other Government of Canada institutions
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 2 8 14 8 8 6 5 51
Disclose in part 0 0 2 0 5 2 3 12
Exempt entirely 0 0 0 0 0 1 0 1
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 2 0 1 0 1 1 0 5
Other 2 0 0 3 0 2 4 11
Total 6 8 17 11 14 12 12 80
6.3 Recommendations and completion time for consultations received from other organizations

In 2020-2021, the Department received four new consultation requests from other organizations. Three consultations were carried over from the previous year and a total of seven consultations were closed. For the purposes of this section, other organizations include the governments of the provinces, territories, municipalities and of other countries.

Table 6.3 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 1 0 1 0 2 1 1 6
Disclose in part 0 0 0 0 0 0 0 0
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 1 0 1
Total 1 0 1 0 2 2 1 7

Section 7. Completion time of Consultations on Cabinet Confidences

In 2020-2021, two consultations were sent for the application of section 69 of the Act to the Departmental Legal Services Unit for possible Cabinet Confidences (Table 7.1). No consultations on Cabinet Confidences took greater than 30 days to complete. A total of 23 pages were recommended to be disclosed.

Table 7.1 Requests with Legal Services
Disposition Less than 100 pages processed 101-500 pages processed 501-1,000 pages processed 1,001-5,000 pages processed More than 5,000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
1 to 15 1 0 0 0 0 0 0 0 0 0
16 to 30 1 23 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 2 23 0 0 0 0 0 0 0 0

In 2020-2021, CIRNAC did not send any consultation requests to the Privy Council Office. (Table 7.2)

Table 7.2 Requests with Privy Council Office
Disposition Less than 100 pages processed 101-500 pages processed 501-1,000 pages processed 1,001-5,000 pages processed More than 5,000 pages processed
Requests Pages Requests Pages Requests Pages Requests Pages Requests Pages
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

Section 8. Complaints and Investigations

During the 2020-2021 reporting period, eight new complaints were registered with the Office of the Information Commissioner (OIC) (Table 8.1) and a total of 22 complaints were closed by the Department. The annual statistical report requires institutions to identify sections of the Act under complaint (section 32, 30(5) 35 and 37).

  • Section 32 captures a new formal complaint from the OIC.
  • Section 30(5) captures when a complaint is discontinued or abandoned.
  • Section 35 requires the institution to make representations against a complaint to the OIC.
  • Section 37 is the formal finding of the OIC and closure of the complaint.

These sections are not cumulative. ATIP processed a total of 58,676 pages under complaint during this reporting period.

Table 8.1 Complaints and Investigation
Section 32 Notice of intention of investigate Section 30(5) Ceased to investigate Section 35 Formal representations Section 37 Reports of finding received Section 37 Reports of findings containing recommendations by the Information Commissioner Section 37 Reports of finding containing orders issues by the Information Commissioner
8 7 2 15 2 0

Section 9. Court Action

There were no federal court action during this reporting period.

Section 10. Resources related to the Access to Information Act

10.1 Costs

The ATIP Directorate functioned under a shared services model to support CIRNAC and ISC. It spent a total of $2,234,522 on staffing, and was supported by 26.094 human resources.

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

In 2020-2021, CIRNAC spent $1,031,246 on the administration of the Act and was supported by 9.227 Human Resources. (Table 10.1 and 10.2)

Figure 10.1 Resources related to the Access to Information Act
Expenditures Amount
Salaries $888,304
Overtime $42,054
Goods and Services $100,888
Professional services contracts
 $88,487
Other
 $12,401
Total $1,031,246
10.2 Human Resources

A total of 9.227 full-time equivalents (FTEs) were dedicated to access to information activities (Table 10.2).

Table 10.2 Human resources dedicated to the administration of the Access to Information Act
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 8.153
Part-time and casual employees 0.274
Regional staff 0.000
Consultants and agency personnel 0.800
Students 0.000
Total 9.227

Highlights

V. 2020-2021 Points of Interest

The ATIP Directorate administers the Acts as a shared services for both Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and Indigenous Services Canada (ISC) since November 30, 2017. This past fiscal year (2020-2021) was the third full year of reporting for Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) under the Access to Information Act and the Privacy Act.

The Department received 196 access to information requests and closed 236. It processed 91,115 pages of records under the legislation and carried over 225 files into the new year (2021-2022).

The largest source of access to information requests came from businesses at 35.7% followed by the public at 28.5%. In addition, 61 requests for consultation were received from other institutions and organizations with a page count of 5,741. Furthermore, 111 informal requests were received and completed in 2020-2021 compared to 198 in the 2019-2020 reporting period.

The majority of exemptions applied pursuant to the Access to Information Act were Section 19 for personal information, followed by Section 21(1) for advice and guidance. These are consistent with the previous year's reporting. The exclusion applied the most under the Access to Information Act was section 69(1)(g) as they generally contained references to records related to funding via Treasury Board Submission and Memoranda to Cabinet.

For extensions requested beyond 30 days pursuant to the Access to Information Act, Section 9(1)(a), interference with operations due to COVID-19, was used the most.

The Department only received eight complaints from the Office of the Information Commissioner, but closed 22 and processed 58,950 pages under complaints.

During the fiscal year, the ATIP office provided recommendations to the sectors concerning the proactive disclosure of their documents. A total of 30 files were processed and 3,165 pages were reviewed.

ATIP Directorate also trained a total of 860 employees (209 CIRNAC/651 ISC) on the Access to Information Act and Privacy Act in 2020-2021.

Crown-Indigenous Relations and Northern Affairs Canada allocated 9.227 FTEs and $1,031,246 in support of ATIP legislation in 2020-2021.

In a shared environment for both CIRANC and ISC, a total of $2,234,522 was spent on staffing, goods and services, and was supported by 26.094 human resources in the administration of both Acts.

COVID impacts

In effort to better serve Canadians, ATIP implemented electronic E-Post to facilitate sending responses to requesters and implemented new internal procedures to streamline processes and increase effectiveness. In addition, three consultants were also hired to help in processing the backlog.

Appendix A

Order of Delegation of the Access to Information Act dated January 28, 2021

I, the Minister of Crown-Indigenous Relations and Northern Affairs Canada, pursuant to section 95 of the Access to Information Act and section 73 of the Privacy Act, hereby delegate the persons holding the positions set out in the Delegation of Authority Schedule attached hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Minister as head of Crown-Indigenous Relations and Northern Affairs Canada, under the provisions of the Act and related regulations set out in the schedule opposite each position. This delegation supersedes all previous delegation orders.

Original document signed on January 28, 2021

The Honourable Carolyn Bennett
Minister of Crown-Indigenous Relations and Northern Affairs Canada

Delegation of Authority Schedule

Position Access to Information Act and Regulations
Deputy Minister Full authority
Associate Deputy Minister Full authority
Corporate Secretary Full authority
Director, Access to Information and Privacy Full authority
Deputy Director, Access to Information and Privacy Full authority

Appendix B

Statistical Report on the Access to Information Act

Name of institution: Crown-Indigenous Relations and Northern Affairs Canada

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

Section 1: Requests Under the Access to Information Act

1.1 Number of requests
  Number of requests
Received during reporting period 196
Outstanding from previous reporting period 265
Total 461
Closed during reporting period 236
Carried over to next reporting period 225
1.2 Sources of requests
Source Number of requests
Media 33
Academia 12
Business (private sector) 70
Organization 10
Public 56
Decline to Identify 15
Total 196
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
2 3 3 18 30 53 2 111
Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.

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

  Number of requests
Outstanding from previous reporting period 0
Sent during reporting period 0
Total 0
Approved by the Information Commissioner during reporting period 0
Declined by the Information Commissioner during reporting period 0
Carried over to next reporting period 0

Section 3: Requests Closed During the Reporting Period

3.1 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 4 5 6 4 7 1 27
Disclosed in part 0 5 3 11 11 7 20 57
All exempted 0 0 0 2 0 0 2 4
All excluded 0 0 0 2 0 0 0 2
No records exist 12 20 13 24 7 14 3 93
Request transferred 3 1 2 0 1 0 0 7
Request abandoned 9 2 1 3 3 3 25 46
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 24 32 24 48 26 31 51 236
3.2 Exemptions
Section Number of requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 2
13(1)(d) 0
13(1)(e) 3
14 0
14(a) 3
14(b) 2
15(1) 0
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) 0
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
16.31 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
16.6 0
17 0
18(a) 0
18(b) 1
18(c) 0
18(d) 0
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 68
20(1)(a) 0
20(1)(b) 31
20(1)(b.1) 2
20(1)(c) 9
20(1)(d) 5
20.1 0
20.2 0
20.4 0
21(1)(a) 27
21(1)(b) 26
21(1)(c) 16
21(1)(d) 0
22 0
22.1(1) 1
23 20
23.1 0
24(1) 0
26 0
* I.A.: International Affairs
Def.: Defence of Canada
S.A.: Subversive Activities
3.3 Exclusions
Section Number of requests
68(a) 2
68(b) 0
68(c) 0
68.1 2
68.2(a) 0
68.2(b) 0
69(1) 2
69(1)(a) 0
69(1)(b) 0
69(1)(c) 1
69(1)(d) 1
69(1)(e) 1
69(1)(f) 0
69(1)(g) re (a) 3
69(1)(g) re (b) 0
69(1)(g) re (c) 0
69(1)(g) re (d) 1
69(1)(g) re (e) 0
69(1)(g) re (f) 0
69.1(1) 0
3.4 Format of information released
Paper Electronic Other
5 79 0
3.5 Complexity
3.5.1 Relevant pages processed and disclosed
Number of pages processed Number of pages disclosed Number of requests
23,529 16,450 136
3.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less than 100 pages processed 101-500 pages processed 501-1,000 pages processed 1,001-5,000 pages processed More than 5,000 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 24 214 2 254 0 0 1 1,029 0 0
Disclosed in part 39 1,091 14 3,469 0 0 4 7,559 0 0
All exempted 3 0 0 0 0 0 1 0 0 0
All excluded 2 0 0 0 0 0 0 0 0 0
Request abandoned 41 0 3 626 1 789 1 1,419 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0 0 0
Total 109 1,305 19 4,349 1 789 7 10,007 0 0
3.5.3 Other complexities
Disposition Consultation required Assessment of fees Legal advice sought Other Total
All disclosed 2 0 0 7 9
Disclosed in part 19 0 1 10 30
All exempted 0 0 0 0 0
All excluded 0 0 0 2 2
Request abandoned 16 0 1 3 20
Neither confirmed nor denied 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0
Total 37 0 2 22 61
3.6 Closed requests
3.6.1 Number of requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 128
Percentage of requests closed within legislated timelines (%) 54.2
3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
Number of requests closed past the legislated timelines Principal reason
Interference with operations / workload External consultation Internal consultation Other
108 77 6 3 22
3.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of days past legislated timelines Number of requests past legislated timeline where no extension was taken Number of requests past legislated timeline where an extension was taken Total
1 to 15 days 5 6 11
16 to 30 days 7 2 9
31 to 60 days 2 6 8
61 to 120 days 5 7 12
121 to 180 days 1 2 3
181 to 365 days 11 13 24
More than 365 days 6 35 41
Total 37 71 108
3.8 Requests for translation
Translation requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Section 4: Extensions

4.1 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 14 0 0 2
Disclosed in part 30 0 16 14
All exempted 3 0 0 1
All excluded 2 0 0 0
No records exist 42 0 1 9
Request abandoned 22 2 12 13
Decline to act with the approval of the Information Commissioner 0 0 0 0
Total 113 2 29 39
4.2 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 15 0 5 4
31 to 60 days 20 1 13 20
61 to 120 days 11 1 8 12
121 to 180 days 57 0 1 2
181 to 365 days 10 0 1 1
365 days or more 0 0 1 0
Total 113 2 29 39

Section 5: Fees

Fee type Fee collected Fee waived or refunded
Requests Amount Requests Amount
Application 164 $820 32 $160
Other Fees 0 $0 0 $0
Total 164 $820 32 $160

Section 6: Consultations Received From Other Institutions and Organizations

6.1 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 57 1,840 4 2,292
Outstanding from the previous reporting period 34 1,575 3 34
Total 91 3,415 7 2,326
Closed during the reporting period 80 3,322 7 2,326
Carried over to next reporting period 11 93 0 0
6.2 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 2 8 14 8 8 6 5 51
Disclose in part 0 0 2 0 5 2 3 12
Exempt entirely 0 0 0 0 0 1 0 1
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 2 0 1 0 1 1 0 5
Other 2 0 0 3 0 2 4 11
Total 6 8 17 11 14 12 12 80
6.3 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 1 0 1 0 2 1 1 6
Disclose in part 0 0 0 0 0 0 0 0
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 1 0 1
Total 1 0 1 0 2 2 1 7

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services
Number of days Fewer than 100 pages processed 101-500 pages processed 501-1,000 pages processed 1,001-5,000 pages processed More than 5,000 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 1 0 0 0 0 0 0 0 0 0
16 to 30 1 23 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 2 23 0 0 0 0 0 0 0 0
7.2 Requests with Privy Council Office
Number of days Fewer than 100 pages processed 101-500 pages processed 501-1,000 pages processed 1,001-5,000 pages processed More than 5,000 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

Section 8: Complaints and investigations

Section 32 Notice of intention of investigate Section 30(5) Ceased to investigate Section 35 Formal representations Section 37 Reports of finding received Section 37 Reports of findings containing recommendations by the Information Commissioner Section 37 Reports of finding containing orders issues by the Information Commissioner
8 7 2 15 2 0

Section 9: Court Action

9.1 Court actions on complaints received before June 21, 2019 and on-going
Section 41 (before June 21, 2019) Section 42 Section 44
0 0 0
9.2 Court actions on complaints received after June 21, 2019
Section 41 (after June 21, 2019)
Complainant (1) Institution (2) Third Party (3) Privacy Commissioner (4) Total
0 0 0 0 0

Section 10: Resources Related to the Access to Information Act

10.1 Costs
Expenditures Amount
Salaries $888,304
Overtime $42,054
Goods and Services $100,888
Professional services contracts
 $88,487
Other
 $12,401
Total $1,031,246
10.2 Human Resources
Resources Person years dedicated to Access to Information activities
Full-time employees 8.153
Part-time and casual employees 0.274
Regional staff 0.000
Consultants and agency personnel 0.800
Students 0.000
Total 9.227
Note: Enter values to three decimal places.

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