Access to Information Act – Annual Report 2007-2008

Table of Contents

Preface

Part I: Background

1. Public Works and Government Services Canada

Part II: Report on the Access to Information Act

1. Organization of the Access to Information and Privacy (ATIP) Directorate
   • 1.1 Delegation Instruments
   • 1.2 Responsibilities of the ATIP Directorate
   • 1.3 Policies and Procedures
2. Summary of Activities and Highlights
   • 2.1 ATIP Improvement Plan
   • 2.2 ATIP CD Security Issue
   • 2.3 ATIP Officer Development Program
   • 2.4 ATIP Consultants
   • 2.5 Committees
   • 2.6 Information Sessions
3. Statistical Report - Interpretation and Explanation of Trends
   • 3.1 Departmental Overview of Requests Received
   • 3.2 External Clientele
   • 3.3 Requests under the Access to Information Act
   • 3.4 Disposition of Completed Requests
   • 3.5 Exemptions Invoked
   • 3.6 Exclusions Invoked
   • 3.7 Extension of the Time Limits
   • 3.8 Completion Times
   • 3.9 Translations
   • 3.10 Method of Access
   • 3.11 Fees
   • 3.12 Costs
4. Complaints and Requests for Judicial Review
   • 4.1 Complaints to the Office of the Information Commissioner of Canada
   • 4.2 Requests for Judicial Review

Annex A: Delegation of Authority (Excerpt)

Annex B: Statistical Report - Access to Information Act

Preface

The Access to Information Act (Revised Statutes of Canada, 1985, Chapter A-1) was proclaimed on July 1, 1983. The Act was amended as a result of the royal assent of the Federal Accountability Act on December 12, 2006. Certain provisions came into force on December 12, 2006, and others took effect on April 1, 2007 and September 1, 2007.

The Access to Information Act gives Canadian citizens and individuals present in Canada a broad right of access to information contained in government records subject to certain specific and limited exceptions.

Section 72 of the Access to Information Act requires that the head of every federal government institution prepare for submission to Parliament an annual report on the administration of the Act within the institution during each fiscal year.

This Annual Report provides a summary of the management and administration of the Access to Information Act within Public Works and Government Services Canada (PWGSC) for the fiscal year 2007-2008.

Additional Copies

Additional copies of these reports can be obtained by contacting:

Access to Information and Privacy (ATIP) Directorate
Public Works and Government Services Canada
Place du Portage, Phase III, 5C1
11 Laurier Street
Gatineau, Quebec
K1A 0S5

Telephone: 819-956-1820
Fax: 819-994-2119

Part I: Background

1. Public Works and Government Services Canada (PWGSC)

PWGSC is the Government of Canada's principal provider of common and central services. We support the daily operations of 125 federal departments and agencies, and administer the legislative and policy requirements of 19 Acts of Parliament. Our operating environment is influenced by the priorities of government and the service demands of our client departments and agencies.

PWGSC has annual expenditures of approximately $5.2 billion and employs about 13,000 people. We provide a wide range of services such as purchasing goods and services, managing the government's accommodations and real estate portfolio including restoration of the Parliament Buildings, pay and compensation, Information Technology (IT), as well as industrial security, audit and linguistic services.

PWGSC has two strategic outcomes: Quality Services and Sound Stewardship. Our focus on Quality Services and Sound Stewardship contributes directly and indirectly to the Government of Canada's four strategic outcome areas: those related to economic, social, international and government affairs.

To better reflect the PWGSC approach to service delivery and organizational structure, the program activities that support our strategic outcomes have been grouped to highlight our key service areas:

• Real Property;
• Acquisitions;
• Information Technology Services;
• Receiver General and Public Service Compensation;
• Consulting, Information and Shared Services;
• Special Operating Agencies
  • Audit Services Canada;
  • Translation Bureau;
• Greening Government Operations; and
• Corporate Management.

Part II: Report on the Access to Information Act

1. Organization of the Access to Information and Privacy (ATIP) Directorate

The ATIP Directorate administers the provisions of the Access to Information Act for PWGSC, including the two Special Operating Agencies, and the Office of the Procurement Ombudsman.

For most of the 2007-2008 fiscal year, the ATIP Directorate has operated with six teams in order to better manage the types of requests received within the Department. Overseeing these teams and reporting to the Director, ATIP, are two Managers, Risk and Quality Management. Three of the teams are responsible for processing ATIP requests, consultations, complaints, and court cases received by the Department. One team is committed to dealing with privacy and policy, and another team is responsible for training of new recruits to the ATIP Directorate in the processing of ATIP requests. Finally, one team is involved with all of the administrative functions and special projects conducted by the ATIP Directorate.

1.1 Delegation Instruments

Under section 3 of the Access to Information Act, the Minister of the Department is designated as the head of the government institution for the purposes of the administration of the Act.

The delegation instrument continued to be based on a centralized process with the Director, ATIP and the Managers, Risk and Quality Management having full delegated authority under the Access to Information Act.

Certain administrative functions are delegated to the ATIP Chiefs, and are limited to the following provisions:

• Paragraph 7(a) - Respond to request for access (nil reply only)
• Subsection 8(1) - Transfer to and from other government institutions
• Section 9 - Extension of time limits
• Subsections 11(2) to 11(6) - Additional fees and fee waiver
• Section 27 - Notification to third parties

An excerpt of the Delegation of Authorities approved by the Minister of PWGSC is enclosed at Annex A.

1.2 Responsibilities of the ATIP Directorate

The Director, ATIP, reports to the Director General of Executive Secretariat, who, in turn, reports to the Assistant Deputy Minister of the Corporate Services, Policy and Communications Branch.

The responsibilities of the ATIP Directorate include the following:

• managing all activities within PWGSC relating to the operation of the Act, as well as the regulations, directives and guidelines pursuant to them;
• developing, producing and promulgating departmental ATI policies, procedures, standards and guidelines;
• developing and delivering awareness training to PWGSC managers and employees to ensure departmental responsiveness to the legal obligations imposed on them by the Act and Regulations;
• reviewing departmental policies, procedures and agreements to ensure that they areincompliance with the provisions of the Act and making recommendations for amendments;
• defending institutional decisions on the administration of the Act during investigations conducted by the Information Commissioner of Canada and during judicial proceedings at the Federal Court of Canada and the Supreme Court of Canada;
• providing departmental reading room(s) where the public may inspect manuals used by employees, in accordance with section 71 of the Act;
• coordinating and approving the annual update of the PWGSC's descriptions of its organization and its record holdings for inclusion in the Treasury Board publication Info Source;
• reporting annually to Parliament in accordance with section 72 of the Act and any instructions issued pursuant to paragraph 70(1)(d) of the Act;
• acting as spokesperson for the Department in dealings with the Treasury Board Secretariat, the Information Commissioner of Canada and other government departments and agencies.

The administration of the legislation by the ATIP Directorate is also facilitated at the branch, sector, and regional office levels. Each organizational branch has an ATIP Liaison Officer (normally reporting to an Assistant Deputy Minister, a Director General, or a Regional Director General) who coordinates the collection of information and provides guidance to branch managers on the operation of the Act, departmental directives and procedures.

1.3 Policies and Procedures

1.3.1 Departmental Policy on ATIP

Departmental Policy 002 links to the ATI delegation of authority and sets out the definitions, and the roles and responsibilities of all stakeholders within PWGSC. The policy will be updated during 2008-2009 to reflect changes made as a result of the TBS ATIP Policy Suite Renewal.

1.3.2 ATIP Liaison Officers' Handbook

The ATIP Liaison Officers Handbook is produced by the ATIP Directorate and used as a guide to:

• introduce the ATIP Liaison Officers across the Department to the Access to Information Act and regulations;
• outline the roles and responsibilities of each PWGSC ATIP stakeholder; and
• provide national processing standards and guidelines for the centralized handling of requests.

1.3.3 ATIP Directorate Desk Procedures

The ATIP Directorate has developed and regularly updates its ATIP Officer Desk Procedures manual, to standardize the work procedures used by office staff, facilitate the training of new staff and complement the processes of the electronic ATIP tracking system.

2. Summary of Activities and Highlights

2.1 ATIP Improvement Plan

Each year, the Information Commissioner conducts a review of selected federal institutions that are subject to the Access to Information Act, and makes recommendations to help them complete at least 95 per cent of their ATI requests within their legislated timelines. Each review results in a grading of the institution's timeline performance for the period from April 1 to November 30 ofthe current fiscal year, and the previous fiscal year.

In his June 2007 Annual Report, the Information Commissioner rated PWGSC's performance to a "B" level for the April to November 2006 period. However, he noted a slight decrease in the timeline performance from 92.3 to 91.3 per cent. During the 2007-2008 fiscal year, the performance further decreased due to the backlog of late requests, high workload, ongoing challenges in recruiting, training and retaining qualified resources, and the ATIP CD Security Issue.

As a result, the Department has initiated an aggressive action plan to significantly improve the ATIP program and achieve an "A" grade in FY 2008-2009. The plan includes the following strategies:

• Reduce backlog of late requests by March 31, 2008 - Critical Factor;
• Increase human resource and organizational capacity;
• Improve performance monitoring and productivity;
• Upgrade IT infrastructure; and
• Improve the workplace environment.

Between mid-January and March 2008, the ATIP Directorate focused its efforts on eliminating its backlog of 144 requests that were late due to various factors, including the complexity of requests and the sheer volume of documents that needed to be reviewed. The ATIP team managed to process a total of 129 late requests, in addition to 198 on-time requests and consultations – the equivalent of six months of production in a matter of 2½ months – totalling more than 155,400 pages of records. As a result, the Department successfully positioned itself to achieve a 95% compliance rate in FY 2008-2009.

2.2 ATIP CD Security Issue

In August 2007, the Department was notified of the potential inadvertent release of information to requesters in an inappropriate CD format, which affected 138 ATIP requests. As soon asthis was uncovered, the ATIP Directorate immediately changed its procedures to eliminate the problem and prevent a future recurrence.

The Department promptly advised the Privacy Commissioner, as well as the Treasury Board Secretariat (TBS) and Public Safety Canada. The central agencies have been consulted throughout and have been kept apprised of developments.

A thorough assessment of each file was conducted to identify and mitigate possible risks where warranted. The review concluded that there was a low likelihood that requesters saw the severed information. It was also found, through the review, that there was no release of national security information. However, out of caution, third party notification was initiated.

Other government departments were advised that their information might have been inadvertently released in cases where there was a presumption of potential risk or injury by such disclosure. Notification letters were also sent to the third parties in 44 cases where the information was of a confidential, commercial or sensitive personal nature. Copies of the records that may be at risk were provided to the third parties to ensure that they were fully aware of the situation. Several follow-up conversations and meetings have also been conducted with third parties as warranted.

The Department has acted diligently in its approach to retrieve the disks. All requesters were contacted, except on 28 cases where it was determined that risks to the third parties or the government were close to non-existent. A total of 35 disks out of 138 have been returned, and 18 were claimed to have been destroyed or lost. Of the 44 files where there was potential injury to the third parties, 20 disks have been returned and 8 were claimed to have been destroyed. For some high risk files, requesters were asked to confirm that they had not manipulated the CD in order to see the severed portions, and signed statements were obtained to that effect. At lease two phone calls were made to the requesters in order to recover the remaining disks, as well as follow-up written requests on high risk of injury cases. The Department has pursued the retrieval of the disks to the extent possible.

The Office of the Information Commissioner investigated a complaint made by a third party, and they have concluded that this was due to a technical procedural error and, as such, was inadvertent and unintentional. They were also satisfied that the Department properly and fully investigated the matter and that it took the necessary steps to correct the problem in order to prevent a recurrence and the use of the information that may have been potentially disclosed.

The matter is considered to have been resolved and the file has been closed.

2.3 ATIP Officer Development Program

The ATIP Officer Development Program is intended to address the department's mid and long-term shortages of ATIP professionals by recruiting new employees at the junior level, fostering their loyalty to PWGSC, and preparing them to fill senior ATIP Officer positions within a three year horizon. This program would also serve to reduce the costs associated with the competitive staffing process and, in the long-term, the use of consultants.

The first candidate hired into the program in 2006 was promoted to the PM-02 level in October 2007. A staffing process has been initiated to hire two new recruits in 2008-2009 from the Post Secondary Inventory.

As part of the ATIP Improvement Plan, and in order to develop and retain our employees, revisions are underway to expand the program to all ATIP Officers at the PM-01, PM-02 and/or PM-03 group and level that are currently employed in the ATIP Directorate or hired through regular advertized processes.

2.4 ATIP Consultants

The ATIP Directorate continued to use ATIP professional services under the terms of the competitive contract awarded to Altis/ExcelHR in 2004. Additional consultants were also called-up under Temporary Help Services Standing Offers to help the ATIP Directorate in reducing its backlog of late requests before the end of the fiscal year.

Two new one-year competitive contracts for ATIP services were awarded in March 2008 to Antian Professional Services Inc. and the Access Information Agency Inc., with the option to extend for two one-year periods. These contracts will be used on an "as required" basis to assist with the timely processing of the requests under the Act.

2.5 Committees

As a member of the Interdepartmental ATIP Working Group, which is chaired by TBS, the PWGSC ATIP Directorate has participated in the development of the revised Policy on Access to Information during the 2007-2008 fiscal year. The ATIP Policy Suite Renewal Initiative will be ongoing for the next couple of years.

2.6 Information Sessions

Given the complex character of the Access to Information Act and the need to balance the public's right to access information with the need to protect the legitimate interests of other parties, the ATIP Directorate provides guidance as well as information sessions, on an "as required" basis.

During the fiscal year, six information sessions were given to staff in the offices of the Minister and Deputy Minister, the Independent Advisor on Public Opinion Research (POR), as well as managers and employees of the Real Property Branch, the Communications Sector, the Ministerial Regional Offices and the Ministerial Correspondence Directorate. Approximately 65 participants attended the information sessions.

One Info Source group training session and 14 one-on-one briefings were also provided to 42 departmental Info Source Coordinators, managers and employees to provide advice and guidance with respect to TBS requirements for branch descriptions and record holdings.

3. Statistical Report - Interpretation and Explanation of Trends

3.1 Departmental Overview of Requests Received

All formal access requests are forwarded to the ATIP Directorate where they are reviewed for clarity and processed in conformity with the legislation. Each request is then assigned to an organizational branch of the Department, which becomes responsible for locating and retrieving the records containing the information sought, and assisting in determining the costs and fees for processing the request.

After a review of the relevant records, the organizational branch is responsible for formulating recommendations on the disclosure of the information. Before a final decision is reached, they are evaluated by the ATIP Directorate and any necessary consultations with other organizations are undertaken. This review process is intended to ensure consistency in the treatment of Access to Information Act requests. Once a decision has been rendered, the ATIP Directorate notifies the requester and arranges to provide access to all of the records that can be disclosed.

The majority of the requests received by the ATIP Directorate continue to be related to the contracting services provided by PWGSC in the domain of supply related records (i.e., contracts for goods and services, and military procurement). The Acquisitions Branch is the chief recipient of requests received.

A significant volume of requests was also received pertaining to briefing notes to the Minister, and records relative to real property and the sale/leaseback of federal buildings.

Table I outlines the contributions made by each Branch, with regard to the frequency it was charged with reviewing and retrieving information relevant to ATI requests.

Table I
PWGSC Offices of Primary Interest

Branch/Region/SOA	Times Tasked	% Workload
Acquisitions	317	29.3
Corporate Services, Policy & Communications	222	20.5
Real Property	101	9.3
Human Resources	58	5.4
Ontario Region	52	4.8
Atlantic Region	50	4.6
Consulting, Information and Shared Services	44	4.1
Information Technology Services	39	3.6
Quebec Region	35	3.2
Western Region	35	3.2
Pacific Region	23	2.1
Accounting, Banking and Compensation	21	1.9
Office of the Chief Risk Officer	21	1.9
Audit and Evaluation	20	1.9
Translation Bureau	19	1.8
Investigations and Litigation support Office	14	1.3
Finance	10	0.9
Total	1,081	100.0

3.2 External Clientele

In the 2007-2008 fiscal year, the business community accounted for the highest percentage of users of the Act, generating 37 per cent of the requests received by PWGSC. The public represented the second largest source of requests, constituting 36 per cent of those received. The media accounted for 19 per cent of the requests, while the remaining eight per cent came from organizations and the academic community.

Table II provides an overview of the trends and volume of access requests received by PWGSC, by type of originator, over the past three years.

Table II
ATI Requests Received by Type of Originator

Type of Originator	2005-2006	2006-2007	2007-2008
Business	331	380	217
Public	335	311	210
Media	99	138	113
Organizations	64	39	44
Academic	3	1	2
Total	832	869	586

3.3 Requests under the Access to Information Act

A total of 849 requests were in progress during this reporting period representing a 21 percent decrease in volume compared with the previous fiscal year. Of them, 586 requests (69 per cent) were new requests, while 263 requests (31 per cent) were carried over to the new year for processing. Table III provides the related detail.

Table III
Processing Trends for Access to Information Requests

Reporting Period	Outstanding	Received	Completed	Carried Forward
2005-2006	187	833	809	211
2006-2007	211	869	817	263
2007-2008	263	586	700	149

3.3.1 Interdepartmental Consultations

In addition to the large volume of requests received by PWGSC, the Department was consulted by other government institutions in 276 different cases. These consultation requests are not reflected in the statistical tables at Annex B, but they account for 24 per cent of the ATIP Directorate's access to information caseload.

Table IV outlines the Departments that consulted PWGSC most frequently in 2007-2008.

Table IV
Interdepartmental Consultations

Originating Department	Received	%	Pages Reviewed
National Defence	67	24	3,936
Royal Canadian Mounted Police	27	10	9,600
Environment Canada	25	9	970
Treasury Board Secretariat	18	7	871
Fisheries and Oceans	17	6	3,627
Transport Canada	10	4	3,630
Indian and Northern Affairs	10	4	163
Other Government Institutions	102	36	3,144
Total	276	100%	25,941

3.3.2 Informal Review of Records

In order to assist departmental managers to proactively release information to the public, the ATIP Directorate provides an informal review service. This service is most frequently provided to the Human Resources Branch, Audit and Evaluation Branch and the Real Property Branch. Internal audit reports comprise the majority of the requests received.

Although they are not reflected in statistical tables at Annex B, the ATIP Directorate received 18 requests in 2007-2008 for the review of approximately 1500 pages of records on an informal basis.

3.4 Disposition of Completed Requests

PWGSC is the recipient of a considerable amount of commercial, technical and financial third party information and, as in past years, the majority of the requests were for records containing third party information. While most third party information is of a sensitive nature, PWGSC has endeavoured to release as much information as possible, consistent with the spirit of the Act and the severability provisions of section 25 of the Act.

Of the 849 requests in progress, 700 (82 per cent) were completed during the 2007-2008 reporting period. The remaining 149 requests (18 per cent) were carried forward to the next fiscal year.

Of the 700 cases where the Department completed the request, information was released either in whole or in part in 477 requests (68 per cent).

3.4.1 All Disclosed

In 87 of the 700 completed cases (12 per cent), the requesters were provided with full access to the relevant records. This figure is down by three per cent from last fiscal year.

3.4.2 Disclosed in Part

In an additional 390 of the 700 completed cases (56 per cent), PWGSC granted the requesters partial access. This represents a one per cent increase from last fiscal year. In most instances, the information withheld related to third party information.

3.4.3 Nothing Disclosed (All Exempted; All Excluded)

In 28 of the 700 completed requests (four per cent), there was no information released.

3.4.4 Transferred

Of the 700 requests completed, 22 (three per cent) concerned records not under the control of the Department. After initial processing, these requests were transferred to the appropriate government institution in accordance with section 8 of the Act.

3.4.5 Unable to Process

After initial review, the Department was unable to process 97 requests (14 per cent). In most instances, this was because the Department did not have any records relating to the request.

3.4.6 Abandoned by Applicant

Of the completed access requests, 75 (10 per cent) were eventually considered to be abandoned. Such an action may occur at any stage of request processing.

3.4.7 Treated Informally

There was one case (less than one per cent) where it was determined that the information could be released informally rather than through the formal procedures of the Act.

3.5 Exemptions Invoked

Sections 13 through 24 of the Act set out the exemptions intended to protect information pertaining to a particular public or private interest, and section 26 of the Act is an administrative exception relating to the publication of information.

Annex B is intended to show the types of exemptions invoked to refuse access. For example, if five different exemptions were used in one request, one exemption under each relevant section would be reported for a total of five exemptions. If the same exemption was used several times for the same request, it would be reported only once.

As noted in Annex B, subsections 19(1) and 24(1), and paragraphs 20(1)(b) and (c) of the Act continue to account for the great majority of the exemptions claimed by the Department to withhold information.

3.6 Exclusions Invoked

The Act does not apply to published material or material available for purchase by the public, library or museum material preserved solely for public record, material placed in the Library and Archives Canada, as well as records considered to be confidences of the Queen's Privy Council, pursuant to sections 68 and 69 of the Act respectively.

As in the case of exemptions, Annex B is intended to show the types of exclusions invoked to refuse access. For example, if five different exclusions are cited in one request, one exclusion under each relevant section would be reported for a total of five. If the same exclusion was used several times for the same request, it would be reported only once.

In the 2007-2008 fiscal period, exclusions were applied pursuant to sections 68 and 69 of the Act on 50 (seven per cent) of the total number of requests completed.

3.7 Extension of the Time Limits

The nature and source of information requested generally required extensive consultations and negotiations with third parties and other government institutions. In 495 of the 849 requests processed (58 per cent), PWGSC extended the time limits pursuant to paragraphs 9(1)(b) and (c) of the Act in order to conduct such consultations.

In addition, extensions were undertaken in 51 of the requests processed (six per cent) pursuant to paragraph 9(1)(a) of the Act.

3.8 Completion Times

Despite the complexity of requests coupled with the steady volume of access and consultation requests received, 268 of the 700 formal requests (38 per cent) were completed within the initial 30-day period.

3.9 Translations

There were no requests for the translation of information from one official language to another.

3.10 Method of Access

The method by which requesters prefer to obtain access to information continues to be in the form of hard paper copies of documents. Electronic copies were also given on compact disk or sent by e-mail.

Of the 477 requests in which information was released, the requesters received copies of the information in all cases. There were no cases where access was provided by a combination of copies and in-person examination or where access was provided solely through in-person examination. It should be noted that the data in this section reflect only those requests in which information was all disclosed or disclosed in part.

3.11 Fees

The Access to Information Act authorizes fees for certain activities related to the processing of formal requests under the Act. In addition to the $5 application fee, other charges may also apply for search, preparation and reproduction of the various records, as specified in the Access to Information Regulations.

No fees are imposed for reviewing records or for overhead or shipping. Moreover, in accordance with section 11 of the Act, no fees are charged for the first five hours required to search for a record or prepare any part of it for disclosure.

There was a continued decrease in the amount of fees collected in relation to the search for and the reproduction of records. This is attributed to the increase of information disclosures made in electronic format. PWGSC assessed fees for information provided in paper format but did not charge reproduction fees if that same information was provided on CD or diskette. The decision to waive fees is made in accordance with the PWGSC Access to Information Fee Policy.

The fees collected during the reporting period totalled $6,575.53, while the fees waived in accordance with subsection 11(6) of the Act were $7,294.15. Fees collected for this reporting period are estimated to represent less than one per cent of the total cost of the administration of the Access to Information program.

The ATIP Credit/Debit Card System continues to be used to facilitate the payment of fees by credit cards and debit cards, including Visa, Mastercard, American Express, Diners/ Enroute and Interac.

3.12 Costs

Total salary costs associated with the program were $1,472,558 (72 per cent of the ATIP Directorate budget) for fiscal year 2007-2008.

Total operations and maintenance costs amounted to $786,228 and included the costs of consultants and maintenance of the Secret LAN and the APCM system.

The associated full-time equivalent (FTE) resources utilized were estimated at 23.8 for fiscal year 2007-2008.

4. Complaints and Requests for Judicial Review

Table V provides the breakdown of complaints made to the Office of the Information Commissioner of Canada and of requests for judicial review made to the Federal Court of Canada, over the past three year period.

Table V
Complaints and Requests for Judicial Review

Reporting Period	Access Complaints	Requests for Judicial Review
2005-2006	72	0
2006-2007	44	6
2007-2008	44	3

4.1 Complaints to the Office of the Information Commissioner of Canada

The number of new complaints filed with the Office of the Information Commissioner of Canada is the same as the previous fiscal year.

Twelve (27 per cent) of the 44 new complaints related to the information withheld under the Act, 11 (25 per cent) were about the delays in responding to requests, and 10 (23 per cent) concerned the time extensions taken. Of the remaining complaints, five (11 per cent) were about the processing of the requests, four (nine per cent) related to missing records, and two (five per cent) concerned the fees assessed under the Act.

Of the complaints received in this and previous fiscal years, 28 were resolved to the satisfaction of the requester, nine were not substantiated, eight were discontinued, and 70 complaint investigations were still ongoing at the end of the fiscal year.

4.2 Requests for Judicial Review

Under section 41 of the Act, a requester may apply to the Court for a review of PWGSC's decision to refuse access to a record requested under the Act, if a complaint has been made to the Information Commissioner in respect of the refusal, and within forty-five days after the results of the complaint have been reported.

Pursuant to section 44 of the Act, a third party has the right to apply to the Court for a review of PWGSC's decision to disclose information, if the third party believes that information should be not be disclosed.

In 2007-2008, three access to information requests resulted in applications for judicial review being registered with the Federal Court of Canada. Two were discontinued by the applicant during the year and one remained outstanding.

Of the five judicial reviews carried over from previous fiscal years, four have been completed and one continued to be outstanding.

4.2.1 Judicial Reviews Initiated in Fiscal Year 2007-2008

Federal Court File Number T-740-07: St. Joseph Corporation objected to PWGSC's decision to release portions of records relevant to a request pertaining to the sale of Canada Communication Group. Affidavits were exchanged in July 2007. PWGSC was informed that the applicant no longer wished to have the records responsive to this request. As a result, a Notice of Discontinuance was filed in September 2007.

Federal Court File Number T-878-07: Groupe Compass (Québec) Ltée objected to PWGSC's decision to release certain portions of the contract for the operating facilities at Correctional Service of Canada. The company claimed that PWGSC should exempt more information pursuant to paragraphs 20(1)(b)(c) of the Act. Affidavits have been exchanged. On October 2, 2007, the application was withdrawn by Groupe Compass (Québec) Ltée.

Federal Court File Number T-459-08: TPG Technology Consulting Ltd. has requested a review of PWGSC's decision to exempt the requested records in their entirety under paragraphs 18(d) and 21(1)(b)(d) of the Act. The records pertained to the technical evaluation document for proposals related to the Public Works and Government Services Engineering and Technical Services Request for Proposals (referred to as EN869-04047/A). Affidavits have been exchanged.

4.2.2 Judicial Reviews Outstanding from Previous Fiscal Years

Federal Court File Number T-1349-05: 131 Queen Street Limited objected to PWGSC's decision to release certain portions of the lease for the building located at 131 Queen Street, Ottawa. The company claimed that PWGSC should exempt more information pursuant to paragraphs 20(1)(b)(c)(d) of the Act. Affidavits have been exchanged and a hearing took place on January 29, 2007. On April 02, 2007, the application was dismissed with costs, and the third party has not appealed the decision.

Federal Court File Number T-222-07: Bombardier Aerospace Defence Services Inc. objected to PWGSC's decision to release portions of the main agreement of the NATO Flying Training in Canada Program. The corporation believed that additional information should be exempted pursuant to paragraphs 20(1)(b)(c)(d) of the Act. The application was discontinued without costs as a result of successful negotiations between the two parties.

Federal Court File Number T-253-07: Spar Aerospace Limited objected to PWGSC's decision to release portions of a contract for Aerospace Engineering and Maintenance Support Services for the Department of National Defence. The company claimed that the information should be exempted in its entirety under subsection 24(1) re section 30 of the Defence Production Act. The Department was informed that the company has discontinued its application without costs.

Federal Court File Number T-396-07: The Bank of America objected to PWGSC's decision to release portions of the Foreign Banking Services contract and amendments, and the Bank's proposal. The Bank claimed that PWGSC should exempt more information under subsection 19(1) and paragraphs 20(1)(b)(c) of the Act. The parties have reached a settlement and the application was therefore dismissed without costs.

Federal Court File Number T-399-07: Accenture Inc. requested a judicial review of PWGSC's decision to disclose details of the Shared Travel Services Initiative contract that contained information relating to its subcontractor, Amex Canada Inc. Accenture claimed that certain portions should be exempt from disclosure pursuant to subsection 20(1) of the Act. An agreement with Accenture Inc. has been reached on the disclosure of the documents.

Annex B: Statistical Report - Access to Information Act

Institution: PUBLIC WORKS AND GOVERNMENT SERVICES CANADA
Reporting period: 4/1/2007 to 3/31/2008

Media: 113
Academia: 2
Business: 217
Organization: 44
Public: 210

I. Requests under the Access to Information Act

Received during reportong period: 586
Outstanding from previous period: 263

TOTAL: 849

Completed during reporting period: 700
Carried forward: 149

II. Disposition of requests completed

1. All Disclosed: 87
2. Disclosed in part: 390
3. Nothing disclosed (excluded): 5
4. Nothing disclosed (exempt): 23
5. Transferred: 22
6. Unable to process: 97
7. Abandoned by applicant: 75
8. Treated informally: 1

TOTAL: 700

III. Exemptions invoked

Exemptions	Numbers
S. Art. 13(1)(a)	4
(b)	0
(c)	0
(d)	0
S. Art. 14	1
S. Art. 15(1) International rel.	0
Defence	23
Subversive activities	0
S. Art. 16(1)(a)	3
(b)	0
(c)	0
(d)	0
S. Art. 16(2)	20
S. Art. 16(3)	0
S. Art. 17	6
S. Art. 18(a)	6
S. Art. 18(b)	9
(c)	0
(d)	38
S. Art. 19(1)	291
S. Art. 20(1)(a)	4
(b)	198
(c)	198
(d)	28
S. Art. 21(1)(a)	74
(b)	76
(c)	42
(d)	15
S. Art. 22	6
S. Art. 23	64
S. Art. 24	175
S. Art. 26	3

IV. Exclusions cited

Exclusions	Numbers
S. Art. 68(a)	9
(b)	0
(c)	0
S. Art. 69(1)(a)	6
(b)	0
S. Art. 69(1)(c)	4
(d)	2
(e)	7
(f)	0
(g)	22

V. Completion time

• 30 days or under: 268
• 31 to 60 days: 45
• 61 to 120 days: 136
• 121 days or over: 251

VI. Extensions

30 days or under

• Searching: 27
• Consultation: 15
• Third party: 1

TOTAL: 43

31 days or over

• Searching: 24
• Consultation: 214
• Third party: 265

TOTAL: 503

VII. Translations

Translations requested: 0

• Translations prepared
  • English to French: 0
  • French to English: 0

VIII. Method of access

• Copies given: 477
• Examination: 0
• Copies and examination: 0

IX. Fees

Net fees collected

• Application fees: $3,218.00
• Reproduction:$1,517.00
• Searching:$768.90
• Preparation:$0.00
• Computer processing: $1,071.63
• TOTAL:$6,575.53

Fees waived

• $25.00 or under: $2,208.50 - No.of times: 383
• Over $25.00: $5,086.10 - No.of times: 55

X. Costs

Financial (all reasons)

• Salary: $1,472,558.00
• Administration (O and M): $786,228.00
• TOTAL: $2,258,786.00

Person year utilizatlon (all reasons)

• Person year (decimal format): 23.8