2022–23 Annual Report on the Administration of the Access to Information Act

Table of Contents

• Introduction
  • Information Commissioner Ad Hoc
• Delegation Order(s)
• Performance 2022‑23
  • Workload
  • Timeliness
  • Disclosure
  • Exemptions Claimed
• Training and Awareness
• Policies, Guidelines and Procedures
• Proactive Publication under Part 2 of the Access to Information Act
• 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 2022‑23.

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 and the Deputy Commissioner of Legal Services 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 2022‑23, 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, 2023:

Text version

The Information Commissioner of Canada, pursuant to Section 73 of the Access to Information Act and of the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers and functions of the Information Commissioner of Canada as the head of a government institution that is, the Office of the Information Commissioner of Canada. This Delegation Order supersedes all previous Delegation Orders pursuant to section 73.

This delegation order is effective on May 22, 2018

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

Original signed by

______________________________________________

Caroline Maynard

Commissaire à l’information du Canada

Information Commissioner of Canada

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

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

En vertu de l’article 73 de la Loi sur l’accès à l’information et de la Loi sur la protection des renseignements personnels, la Commissaire à l’information du Canada délègue aux titulaires des postes mentionnés à l’annexe ci-après, ainsi qu’aux personnes occupant à titre intérimaire lesdits postes, les attributions dont elle est investie en qualité de responsable d’une institution fédérale, c’est-à-dire le Commissariat à l’information du Canada.  Le présent arrêté de délégation annule et remplace tout arrêté antérieur fait en vertu de l’article 73.

Cet arrêté de délégation prend effet le 22 mai 2018.

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

Original signé par

Text version

Delegation Order, Access to Information Act

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

Text version

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

Délégation du Commissaire à l’information des pouvoirs et fonctions au Commissaire ad hoc en vertu des dispositions de l’article 59 de la Loi sur l’accès à l’information

Delegation Order, Information Commissioner Ad Hoc

Pursuant to subsection 59(1) of the Access to Information Act (the “Act”), the Information Commissioner of Canada duly appointed pursuant to section 54 of the Access to Information Act, does hereby authorize Anne E. Bertrand, as Commissioner ad hoc, to exercise or perform all of the powers, duties and functions of the Information Commissioner set out in the Access to Information Act, including sections 30 to 37 and section 42 inclusive of the Access to Information Act,  for the purpose of receiving and independently investigate any complaint described in section 30 of the Access to Information Act arising in response to access requests made in accordance with the Act to the Office of the Information Commissioner of Canada.	En vertu des dispositions de l’article 59(1) de la Loi sur l’accès à l’information, le Commissaire à l’information du Canada, nommé selon l’article 54 de la Loi sur l’accès à l’information, délègue à Anne E. Bertrand à titre de Commissaire ad hoc, tous les pouvoirs et fonctions qui lui sont conférés par la Loi sur l’accès à  l’information, incluant les articles 30 à 37 et l’article 42 de la Loi afin de recevoir et de faire enquête de façon indépendante au sujet de toute plainte énumérée à l’article 30 de la Loi provenant des réponses aux demandes de communication faites au Commissariat à l’information du Canada en vertu de la Loi.
This delegation is effective September 6, 2018 until such time as it is revoked, amended or renewed.	Cette délégation prendra effet le 6 septembre 2018 jusqu’à ce qu’elle soit révoquée, modifiée ou renouvelée.
Dated at Gatineau, 6 day of September, 2018	Signée à Gatineau, le 6 jour du mois de septembre 2018
Original signed by	Original signé par

______________________________

Caroline Maynard

Information Commissioner of Canada

Commissaire à l’information du Canada

Performance 2022‑23

Appendix A contains the OIC’s statistical report on the Access to Information Act for 2022‑23. 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 unprecedented increases in all areas in 2022‑23.

82 new requests were received, an increase of 37% from the previous fiscal year, which resulted in 85 189 pages being processed – an increase of 121%.

14 consultation requests were received, an increase of 55%.

42 informal requests were received, an increase of 320%.

There was one request carried over from 2021‑22 and completed in 2022‑23. One request was carried over to 2023‑24. All requests were closed within their legislated deadlines in 2022‑23.

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

Figure 1: New requests, 2018‑19 to 2022‑23

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Figure 1: New requests, 2018-2019 to 2022-2023

This bar graph shows the number of new requests the Office of the Information Commissioner (OIC) received each year between 2018-2019 and 2022-2023, as follows:

In 2018-2019, the OIC received 62 requests.

In 2019-2020, the OIC received 42 requests.

In 2020-2021, the OIC received 62 requests.

In 2021-2022, the OIC received 60 requests.

In 2022-2023, the OIC received 82 requests.

Over the years, trends have shown that the majority of requests received by the OIC originate with members of the public. In 2022‑23, 55 requests, (49%), were received from members of the public, 11 requests received from the Business sector, 7 from the Media, 1 from Academia, 1 from the Federal Government and in 7 cases the requester declined to identify their category. This is in line with historical trends.

Given the OIC’s work investigating complaints, the OIC receives numerous requests related to complaints each year. In 2022‑23, the majority of the requests received were for information regarding specific investigations or for general investigations guidance documents.

Figure 2: Number of pages processed, 2018‑19 to 2022‑23

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Figure 2: Number of pages processed, 2018-2019 to 2022-2023

This fever chart shows the number of pages the Office of the Information Commissioner (OIC) processed for the requests it completed each year from 2018-2019 to 2021-2022, as follows:

In 2018-2019, the OIC processed 25,249 pages.

In 2019-2020, the OIC processed 27,701 pages.

In 2020-2021, the OIC processed 22,529 pages.

In 2021-2022, the OIC processed 38,529 pages.

In 2022-2023, the OIC processed 85,189 pages.

In 2022‑23, the OIC processed 85 189 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 42 such requests in 2022‑23, processing a total of 89 429 pages. This means that a total of 174 618 pages were processed in response to formal and informal access to information requests.

The OIC received 14 requests for consultations in 2022‑23. This represents an increase from the nine such requests in 2021‑22. 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.

The OIC’s operations were not affected by COVID-19 during this reporting period.

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, 2022‑23

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Figure 3: Completion time for access requests, 2022-2023

This pie chart sets out the time it took the Office of the Information Commissioner to complete 82 requests in 2022-2023. The Office of the Information Commissioner completed 40 percent of these requests in 15 days or less; 55 percent in 16 to 30 days; 2 percent in 31 to 60 days; 2 percent in 61 to 120 days and 1 percent in over 120 days.

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 82 requests the OIC closed in 2022‑23, 95% were completed in less than 30 days (Figure 3); with 40% being completed in 15 days or less, and 55% being completed in 16 to 30 days.

In 2022‑23, the OIC took four time extensions to respond to requests. Of these extensions, one was for less than 30 days, one for between 31 to 60 days, and two for between 61 and 120 days. One extension was for consultation with other government institutions and the remaining three were due to a large volume of responsive records.

The OIC completed all 82 requests in 2022‑23 by their deadline (or the extended date), such that the OIC had no “deemed refusals.”

Figure 4: Average completion time for requests, 2018‑19 to 2022‑23

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Figure 4: Average completion time for requests, 2018-2019 to 2022-2023

This fever chart shows the average time the Office of the Information Commissioner took to complete requests each year from 2018-2019 to 2022-2023, as follows: 22.6 days (2018-2019); 21.25 days (2019-2020); 22.5 days (2020-2021); 27.5 days (2021-2022); and 21.5 days (2022-2023).

Another measure of timeliness is the average time it takes to complete a request. The OIC’s average completion time for requests for 2022‑23 was 21.5 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 2022‑23, the OIC disclosed all records in response to 10 requests (12% of the 82 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 41 files (50%). 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 2022‑23, the OIC received 18 requests for which no records were found. This represents 22% of the total request volume.

Exemptions Claimed

The OIC claimed 11 different exemptions to sever information when responding to requests throughout the 41 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 39 of the 41 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 41 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 2022‑23.

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 2022‑23, 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 2022‑23, the OIC achieved 100% compliance.

Initiatives and Projects to Improve Access to Information

Several initiatives were undertaken in 2022‑23 to improve access to information within the OIC.

Updated Case Management System

A new database was created and preparations were made to transition to the most up-to-date version of ATIPXpress, the case management system used at the OIC. The adoption of this new version, launched April 1, 2023, will result in greater efficiency in processing requests and 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 proven very successful and further modifications are being made in response to new challenges as they arise.

ATIP Online Management Tool Pilot

The OIC was among a select group of institutions given the opportunity to participate in the testing of the new ATIP Online Management Tool (AOMT), developed by TBS and on April 1, 2022, began using the new platform. Through this pilot phase, OIC ATIP employees provided useful feedback to TBS, contributing to the successful July 2022 launch, at which point the tool became accessible to all institutions.

Proactive Disclosure of Frequently Requested Information

When it became apparent that the OIC’S Investigators Guide to Interpreting the Act was being requested with increasing frequency, both through access to information requests and informal requests, the decision was made to proactively publish the document on the OIC’s website to facilitate access. 

Summary of Key Issues and Actions Taken on Complaints

In 2022‑23, the Information Commissioner Ad Hoc received 25 complaints about the OIC’s handling of access requests. Of the seven complaints investigated, none were deemed 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 and in one case, chose to waive solicitor-client privilege to make additional information available to the requester.

Three complaints were received during 2022‑23 that were carried over to fiscal year 2023‑24.

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 $5.00 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 $410.
• Cost of operating the program: $215,547.

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: 2022-04-01 to 2023-03-31

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: 2022-04-01 to 2023-03-31

Section 1: Capacity to Receive Requests under the Access to Information Act and the Privacy Act

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

Section 2: Capacity to Process Records under the Access to Information Act and the Privacy Act

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

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

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

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

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

Section 4: Open Requests and Complaints Under the Privacy Act

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

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

Section 5: Social Insurance Number (SIN)

Section 6: Universal Access under the Privacy Act