2023–24 Annual Report on the Administration of the Access to Information Act

Table of Contents

• Introduction
• Organizational Structure
  • Information Commissioner Ad Hoc
• Delegation Order(s)
• 2023‑24 Performance
  • Workload
  • Timeliness
  • Disclosure
  • Exemptions Claimed
• Training and Awareness
• Policies, Guidelines and Procedures
• Proactive Publication under Part 2 of the Access to Information Act
• Initiatives and Projects to Improve Access to Information
• Summary of Key Issues and Actions Taken on Complaints
• Reporting on Access to Information fees for the purposes of the Service Fees Act
• Monitoring Compliance
• Appendix A

Introduction

The purpose of the Access to Information Act (Act) is to protect the public’s right to access records under the control of government institutions, while ensuring that the use of exemptions and exclusions is limited and specific. The Act also specifies that any decisions on the disclosure of information should be reviewed independently of government. This report, prepared and tabled in accordance with section 94 of the Access to Information Act and section 20 of the Service Fees Act, reviews the Office of the Information Commissioner (OIC)’s access to information activities for 2023‑24.

The OIC was created in 1983 under the Access to Information Act to support the work of the Information Commissioner. The mandate of the OIC is to conduct efficient, fair and confidential investigations into complaints about government institutions’ handling of access to information requests. Investigators conduct these investigations in private, giving all parties involved the opportunity to present their positions on the matters under investigation.

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

Organizational Structure

The OIC supports the Information Commissioner in her advisory role to Parliament and parliamentary committees on all matters pertaining to access to information.

The Commissioner is supported by a complement of approximately 128 employees, including a senior management team of three deputy commissioners:

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

The Access to Information and Privacy Secretariat falls under the Legal Services and Public Affairs Sector. The ATIP Manager, the Deputy Commissioner of Legal Services and Public Affairs and the Senior Director, Communications and Public Affairs hold full-delegated authority under the Act.

The OIC has a small team of specialists who carry out the organization’s access to information and privacy (ATIP) activities. In 2023‑24, the ATIP team consisted of the ATIP Manager and 3 ATIP Officers. Secretariat members process requests, proactively publish completed access requests, provide training on access and privacy matters to new employees, and develop and implement policies and procedures to ensure that the institution meets its obligations under the Acts.

The OIC ensures that all proactive disclosure requirements are posted within legislated deadlines.

The OIC was not party to any service agreements under section 96 of the Access to Information Act.

Information Commissioner Ad Hoc

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

Anne E. Bertrand has been the Information Commissioner Ad Hoc effective June 1, 2018.

Delegation Order(s)

The following delegation orders were in effect March 31, 2024:

2023‑24 Performance

Appendix A contains the OIC’s statistical report on the Access to Information Act for 2023‑24. The following sets out some highlights from that report, along with notable trends related to workload, timeliness and disclosure over the last 5 years.

Workload

The OIC saw a decrease in most areas in 2023‑24.

69 new requests were received, a decrease of 15.85% from the previous fiscal year, which resulted in 17 662 pages being processed – a decrease of 79.26%.

8 consultation requests were received, a decrease of 42.85%.

22 informal requests were received, a decrease of 47.62%.

There was one request carried over from 2022‑23 and completed in 2023‑24. One request was carried over to 2024‑25. All requests were closed within their legislated deadlines in 2023‑24.

As Figure 1 shows, the annual volume of formal requests can fluctuate widely at the OIC.

Figure 1: New Requests, 2019‑20 to 2023‑24

Over the years, trends have shown that the majority of requests received by the OIC originate with members of the public. In 2023‑24, 49 requests (71%) were received from members of the public, 10 (15%) requests received from decline to identify, 4 (6%) from Academia, 3 (4%) from Business, 2 (3%) from Organization and in 1 (1%) Media.

Given the OIC’s work investigating complaints, the OIC receives numerous requests related to complaints each year. In 2023‑24, the majority of the requests received were for information regarding specific investigations or for general investigations guidance documents.

Figure 2: Number of Pages Processed, 2019‑20 to 2023‑24

In 2023‑24, the OIC processed 17 662 pages in response to formal access to information requests. In addition to formal access requests, the OIC receives informal requests each year. These are often requests for records that have previously been released. The OIC responded to 22 such requests in 2023‑24, processing a total of 19 587 pages. This means that a total of 37 249 pages were processed in response to formal and informal access to information requests.

The OIC received 8 requests for consultations in 2023‑24. This represents an increase from the six requests in 2022‑23. The OIC does not provide recommendations on the application of exemptions in response to consultation requests under the Access to Information Act. This is because the Commissioner could later be required to investigate complaints about the institution’s use of those provisions of the Act to withhold information. Not making recommendations allows the Commissioner to maintain impartiality and avoid conflicts of interest.

Timeliness

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

Figure 3: Completion Time for Access Requests, 2023‑24

The Access to Information Act sets 30 days as the timeframe within which institutions must respond to requests. When institutions determine that they will be unable to complete a request in 30 days, they may take a time extension, provided at least one of the conditions found in section 9 of the Act are present. In keeping with the principle of timeliness, the OIC strives to make these extensions as short as possible.

File status is monitored on an ongoing basis by all members of the ATIP team to ensure that all files are completed within statutory deadlines. This is done through the use of regular reports drawn from the OIC’s case management system. Senior management is kept up to date on the files through weekly briefings.

Of the 69 requests the OIC closed in 2023‑24, 95% were completed in less than 30 days (Figure 3); with 54% being completed in 15 days or less, and 42% being completed in 16 to 30 days.

In 2023‑24, the OIC took two time extensions to respond to requests. Of these extensions, one was for less than 30 days, and one for between 31 to 60 days. One extension was for consultation with other government institutions and one was due to a search through a large number of records.

The OIC completed all 69 requests in 2023‑24 by their deadline (or the extended date), such that the OIC had no “deemed refusals.”

Figure 4: Average Completion Time for Requests, 2019‑20 to 2023‑24

Another measure of timeliness is the average time it takes to complete a request. The OIC’s average completion time for requests for 2023‑24 was 19.7 days.

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

Disclosure

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

In 2023‑24, the OIC disclosed all records in response to 6 requests (9%) of the 69 files completed. These included requests for various guidance documents, internal procedural documents and other routine documents.

The OIC released part of the information requested for 29 files (42%). In many of these cases, the requests were related to investigations. The OIC cannot release any records related to an investigation unless the investigation and all related proceedings are concluded. At that time, some records may be released, as set out in section 16.1 of the Act.

In 2023‑24, the OIC received 26 requests for which no records were found. This represents 37% of the total request volume.

Exemptions Claimed

The OIC claimed 7 different exemptions to sever information when responding to requests throughout the 34 files where information was redacted. There were no exclusions invoked.

Paragraph 16.1(1)(c) of the Act, which specifically exempts records associated with the OIC’s investigations, was invoked in 26 of the 34 files where information was withheld. This is a mandatory exemption.

As in previous years, paragraph 16.1(1)(c) was the OIC’s most commonly claimed exemption during this reporting period. Subsection 19(1), which requires the severance of personal information, was the second-most used exemption, having been invoked in 10 of the 34 files. This is also a mandatory exemption.

The Act also excludes certain information, such as Cabinet confidences (section 69) or information that is available for purchase (subsection 68(a)). No exclusions were invoked in 2023‑24.

Training and Awareness

The OIC raises awareness regarding the right of access in Canada through targeted initiatives such as Right to Know Week and ongoing dialogue with Canadians, Parliament and government institutions.

The OIC ATIP team provides ongoing training on access and privacy matters to OIC employees. In 2023‑24, the Secretariat held formal training sessions for all new employees. A total of 15 employees participated in these sessions. Informal training sessions were held on an ad hoc basis with current employees as required. The Legal Services team also offered in-depth training on the Act to all new investigators.

Policies, Guidelines and Procedures

Our institution did not implement any new policies, guidelines and procedures during this reporting period.

Proactive Publication under Part 2 of the Access to Information Act

The OIC is a government institution listed in Schedule I of the Access to Information Act.

The OIC fulfilled its obligation for proactive disclosure requirements by ensuring all relevant information was posted online by the prescribed publication timeline. For 2023‑24, the OIC achieved 100% compliance.

Initiatives and Projects to Improve Access to Information

Several initiatives were undertaken in 2023‑24 to improve access to information within the OIC.

Updated Case Management System

ATIPXpress, version 11.1, launched on April 1, 2023, resulted in greater efficiency in processing requests with fewer technical difficulties.

Electronic Document Retrieval

Recognizing the need for a document retrieval system that reflected the advent of remote work and the increasing digitization of records, with the support of senior management, ATIP worked in collaboration with partners in Information Technology / Information Management to develop a new digital-first process. This process included a more comprehensive retrieval checklist, a designated retrieval file framework, as well as changes to the roles and responsibilities of the Office of Primary Interest. Thus far, this initiative has helped prepare our transition to Mikan (SharePoint), our new document content management system.

Summary of Key Issues and Actions Taken on Complaints

In 2023‑24, the Information Commissioner Ad Hoc received 10 complaints about the OIC’s handling of access requests. Of the10 complaints received, 5 complaints were deemed valid and were investigated, including 1 that carried over to 2024-25.  All the complaints were determined to be “not well-founded”. The annual report of the Information Commissioner Ad Hoc was published as an appendix of the Commissioner’s annual report. With the goal of resolving complaints promptly, the OIC responded quickly to the Ad Hoc Commissioner’s requests in every case.

Reporting on Access to Information fees for the purposes of the Service Fees Act

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.

With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.

• Enabling authority: Access to Information Act
• Fee payable: A $5 application fee is the only fee charged for an ATI request, however the OIC waives this fee to prevent barriers to access.
• Total revenue: $0
• Fees waived or refunded: The total amount of waived fees for this reporting period is $345.
• Cost of operating the program: $218,370.

Monitoring Compliance

The OIC monitors compliance with the Access to Information Act in a variety of ways. This includes regular team meetings, bilateral meetings, and reporting file status via a weekly report shared with management.

In order to ensure that timelines are respected, the OIC ATIP Secretariat only consults other government institutions when absolutely necessary, and in a manner that ensures timely responses and is in line with the Implementation Notice published by Treasury Board Secretariat.

The right of public access to information is reflected in contracts, information sharing agreements and arrangements via the inclusion of standard clauses to ensure awareness of obligations under the Access to Information Act and the Privacy Act.

Each sector within the OIC is responsible for monitoring the accuracy and completeness of proactively published information within their sphere of responsibility.

Appendix A

Statistical Report on the Access to Information Act

Name of institution: Office of the Information Commissioner of Canada

Reporting period: 2023-04-01 to 2024-03-31

Section 1: Requests Under the Access to Information Act

1.1 Number of requests

1.2 Sources of requests

1.3 Channels of requests

Section 2: Informal Requests

2.1 Number of informal requests

2.2 Channels of informal requests

2.3 Completion time of informal requests

2.4 Pages released informally

2.5 Pages re-released informally

Section 3: Applications to the Information Commissioner on Declining to Act on Requests

Section 4: Requests Closed During the Reporting Period

4.1 Disposition and completion time

4.2 Exemptions

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

4.3 Exclusions

4.4 Format of information released

4.5 Complexity

4.5.1 Relevant pages processed and disclosed for paper and e-record formats

4.5.2 Relevant pages processed per request disposition for paper and e-record formats by size of requests

4.5.3 Relevant minutes processed and disclosed for audio formats

4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests

4.5.5 Relevant minutes processed and disclosed for video formats

4.5.6 Relevant minutes processed per request disposition for video formats by size of requests

4.5.7 Other complexities

4.6 Closed requests

4.6.1 Requests closed within legislated timelines

4.7 Deemed refusals

4.7.1 Reasons for not meeting legislated timelines

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

4.8 Requests for translation

Section 5: Extensions

5.1  Reasons for extensions and disposition of requests

5.2 Length of extensions

Section 6: Fees

Section 7: Consultations Received From Other Institutions and Organizations

7.1  Consultations received from other Government of Canada institutions and other organizations

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

7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada

Section 8: Completion Time of Consultations on Cabinet Confidences

8.1 Requests with Legal Services

8.2 Requests with Privy Council Office

Section 9: Investigations and Reports of finding

9.1 Investigations

9.2 Investigations and Reports of finding

Section 10: Court Action

10.1 Court actions on complaints

10.2 Court actions on third party notifications under paragraph 28(1)(b)

Section 11: Resources Related to the Access to Information Act

11.1 Allocated Costs

11.2  Human Resources

Note: Enter values to three decimal places.

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

Name of institution: Office of the Information Commissioner of Canada

Reporting period: 2023-04-01 to 2024-03-31

Section 3: Open Requests and Complaints Under the Access to Information Act

1.1 Enter the number of open requests that are outstanding from previous reporting periods.

1.2 Enter the number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods.

Section 2: Open Requests and Complaints Under the Privacy Act

2.1 Enter the number of open requests that are outstanding from previous reporting periods.

2.2 Enter the number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods.

Section 3: Social Insurance Number

Section 4: Universal Access under the Privacy Act