Access to Information Act – Annual Report 2009–2010

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 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 Management Accountability Framework Action Plan
   • 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 Authorities (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 most recently 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 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 their 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 2009–2010.

Part I – Background

1. Public Works and Government Services Canada

The Department, founded in 1841, was instrumental in the building of our nation's canals, roads and bridges, the Houses of Parliament, post offices and federal buildings across the country.

Today, the Department has evolved into a sophisticated operational arm of government that employs nearly 14,000 staff working in the National Capital and five regional offices in Halifax, Montreal, Toronto, Edmonton, and Vancouver.

The Department of Public Works and Government Services Act, passed in 1996, established the Department and set out the legal authorities for PWGSC's services. The Act established PWGSC as the principal common service organization providing government departments, boards and agencies with support services for their programs.

The Minister of PWGSC is also the Receiver General for Canada and has the authority for the administration of services related to benefits, superannuation, pension plans, and the disbursement of pay to federal employees. The Minister is responsible for maintaining the Public Accounts of Canada.

PWGSC's goal is to run a business in a way that strengthens accountability and adds value for clients. In doing so, PWGSC:

• injects more than $14 billion annually into the Canadian economy through government procurement;
• issues more than 13 million federal pay and pension payments to Canadians;
• provides accommodation to parliamentarians and to more than 255,000 public servants in 1,800 locations across Canada;
• provides translation and interpretation services for more than 1,800 sessions of Parliament annually, and translates 1.7 million pages of text on behalf of other federal organizations; and,
• handles more than $1.7 trillion in cash flow transactions as the Receiver General for Canada.

PWGSC's Program Activity Architecture (PAA), as approved by Treasury Board, contributes to our strategic outcome to provide high–quality, central programs and services that ensure sound stewardship on behalf of Canadians and meet the program needs of federal institutions. The following table lists the nine program activities that comprise PWGSC's PAA.

• Acquisitions;
• Accommodation and Real Property Assets Management;
• Receiver General for Canada;
• Information Technology Infrastructure Services;
• Federal Pay and Pension Administration;
• Linguistic Management and Services;
• Specialized Programs and Services;
• Procurement Ombudsman; and,
• Internal Services.

Part II – Report on the Access to Information Act

1. Organization of the Access to Information and Privacy Directorate

The Access to Information and Privacy (ATIP) Directorate administers the provisions of the Access to Information Act for PWGSC, including two Special Operating Agencies, Audit Services Canada and the Translation Bureau, as well as the Office of the Procurement Ombudsman.

The Director, ATIP, reports to the Director General, Executive Secretariat, who, in turn, reports to the Assistant Deputy Minister, Corporate Services, Policy and Communications. The ATIP Directorate was reorganized to maximize business delivery, and operates with three units to manage the requests received within the Department. Reporting to the Director, ATIP, the units are overseen by the Manager, Intake and Administration, the Manager, ATIP Operations, and the Chief, Privacy Policy. The first two are responsible for processing ATIP requests, consultations, complaints, and court cases received by the Department, while the other is dedicated to privacy policy. The administrative functions of the ATIP Directorate are supported by an administrative assistant and four clerks.

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 purposes of the administration of the Act. Pursuant to section 73, the Minister may delegate any of his powers, duties or functions under the Act by signing an order authorizing one or more officers or employees of the institution, who are at the appropriate level, to exercise or perform the powers, duties or functions of the head, specified in the order.

Within PWGSC this delegation instrument continued to be based on a centralized process with the Director General, Executive Secretariat, who reports to the Assistant Deputy Minister of Corporate Services, Policy and Communications Branch, and the Director and Managers of the ATIP Directorate having full delegated authority under the Access to Information Act. Certain administrative functions are also delegated to the ATIP Chiefs to speed the processing of requests.

The delegation instrument was revised in 2009 to provide additional delegation to the ATIP Chiefs to make disclosure decisions on routine requests (full disclosure, and disclosure in part with exemptions under subsection 19(1) and 24(1) of the Act).

An excerpt of the Delegation of Authorities approved by the Minister of Public Works and Government Services is enclosed at Annex A: Delegation of Authorities (Excerpt).

1.2  Responsibilities of the ATIP Directorate

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 access to information policies, procedures, standards and guidelines;
• developing and delivering awareness training to PWGSC managers and staff to ensure departmental responsiveness to the legal obligations imposed by the Act and associated regulations;
• reviewing departmental policies, procedures and agreements to ensure that they are in compliance 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 the departmental reading room where the public may inspect manuals used by employees, in accordance with section 71 of the Act;
• coordinating and approving the annual update of PWGSC's chapter in the Treasury Board of Canada Secretariat (TBS) 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; and,
• acting as spokesperson for the Department in dealings with TBS, the Information Commissioner of Canada and other government departments and agencies.

The administration of the Act by the ATIP Directorate is also facilitated at the branch, sector, and regional office levels of PWGSC. Each organizational branch has an ATIP Liaison Officer who coordinates the collection of information and provides guidance to branch managers on the application of the Act, as well as related departmental directives and procedures.

1.3 Policies and Procedures

1.3.1 Departmental Policy on ATIP

For the reference of all employees, departmental policies are posted on PWGSC's intranet.

Departmental Policy 002 outlines the access to information Delegation of Authority and sets out the definitions as well as the roles and responsibilities of all stakeholders within PWGSC.

1.3.2 ATIP Liaison Officer Handbook

The ATIP Liaison Officer Handbook is produced by the ATIP Directorate and is posted on PWGSC's intranet as a guide to:

• introduce departmental ATIP Liaison Officers 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 staff, to facilitate the training of new hires and to complement the functionality 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 their ATI requests within the legislated timelines. Each review results in a rating of the institution's performance for the previous year.

With the overarching goal of achieving an A grade rating, PWGSC initiated in December 2007 a three–year ATIP Improvement Plan which includes the following strategies:

• reduce the backlog of late requests by March 31, 2008;
• increase human resource and organizational capacity;
• improve performance monitoring and productivity;
• upgrade IT infrastructure; and,
• improve the Directorate's accommodations.

In accordance with the plan, PWGSC has reduced its backlog of late requests, increased its performance monitoring, which includes providing weekly reports to senior management on departmental ATI compliance rates, and increased capacity through additional resources, IT infrastructure improvement and the streamlining of processes.

Of the 24 institutions assessed in the 2008–2009 Report Cards of the Information Commissioner, PWGSC ranked third receiving a rating of 4.5 stars out of 5 and a grade of B, with an above average performance on its responses to requests under the Access to Information Act. As well, the Department was one of three institutions that achieved greater success than in the previous reporting period. The Report states "PWGSC's dramatic improvement in compliance in 2008–2009 illustrates what is possible through a combination of planning, commitment, execution and leadership."

The report contained five recommendations to the Department related to the continued implementation of the ATI Improvement Plan, justification and notification of time extensions, and reduction in the average completion time of requests and deemed refusal rate. PWGSC's responses to the recommendations indicate that every effort is made to ensure that requests are completed in a transparent and timely manner.

Despite a 24 percent increase of new requests, the Department maintained its compliance rate above 95 percent in 2009–2010 compared to 81 percent in 2006–2007. It is with the management support and staff commitment to excellence that PWGSC was able to attain this outstanding performance for a second consecutive year.

In the next fiscal year, the ATIP Directorate will continue to implement the remaining activities of its action plan. These include the review of ATIP policies and procedures, upgrading the document imaging software, building and maintaining capacity within the ATIP Directorate as well as providing ATIP training and awareness sessions to departmental staff. The plan will also be updated to include other actions stemming from the 2008–2009 Report Card recommendations as well as other actions identified to further improve ATI process and ensure legislative compliance and departmental readiness.

Furthermore, the Department's timeliness and projected compliance rate will continue to be closely monitored and reported on a weekly basis to senior management.

2.2 Management Accountability Framework (MAF) Action Plan

The MAF 12 Information Management requirements for Access to Information and Privacy (ATIP) necessitate that PWGSC demonstrate compliance with statutory and regulatory requirements of the acts. For Access to Information, this also includes a demonstration of consistent public reporting on the administration of the Act.

PWGSC is committed to the continuous improvement of its management fundamentals and has used the results of the MAF assessment as a benchmark. Sustained senior management engagement is key to ensuring the Department continues to improve its results. MOUs have been drafted between Assistant Deputy Ministers and the Deputy Minister to ensure that the activities are done to position the department to meet all the elements of MAF.

In addition to the ATIP Improvement Plan, a MAF action plan was developed in 2009–2010 to specifically address the gaps identified in the MAF Round VI results relating to ATIP. The PWGSC ATIP Directorate undertook extensive work to address the shortcomings of the Info Source submissions. In preparing the annual update, the ATIP Directorate leveraged the current departmental Program Activity Architecture (PAA) and revised the Info Source descriptions of PWGSC's main functions, programs and activities in accordance with the requirements and format instructions for the 2009 Info Source.

In order to respond to TBS' Management Accountability Framework 12 Round V and VI comments, the ATIP Directorate designed a rigorous process to obtain all necessary information from all areas of the Department to ensure accurate and consistent definitions of the multifaceted Classes of Records (CORs). The process developed included sending a call letter to the branch heads for the annual update of the Info Source advising them of the critical importance of the accuracy and comprehensive, complete and up–to–date information in order for PWGSC to comply with TBS requirements. Completed as planned, this work would address TBS' MAF Rounds V and VI gaps where PWGSC's Chapter contained significant gaps in the description of the organisation's functions, programs, activities and related information holdings. Branch head approval was requested for the input provided to the Access to Information and Privacy Directorate .

In the work to continue to improve quality review processes, two group training sessions and several one–on–one briefings were also provided to departmental Info Source coordinators, managers and employees to provide advice and guidance on the TBS requirements as well as to address the gaps identified in the MAF Assessments and to improve the content and quality of PWGSC's Chapter of Info Source.

PWGSC continues to deliver against planned activities providing Info Source updates on time:

• Significant efforts continue to be made to improve the PWGSC Chapter of Info Source.
• Given the size, diversity and complexity of the PWGSC business operations, there were challenges to restructure the PWGSC Chapter as per TBS requirements and to align the high volume of information with the departmental PAA, which includes descriptions of 9 program activities, 42 sub–activities, and sub–sub–sub activities in some areas, as well as the related information holdings spread across 14 branches.
• Updating the Info Source is a work in progress and PWGSC is committed to continuous review, refinement and improvement to ensure comprehensive and complete revisions align with TBS direction to move to a new functional approach as the target information architecture for Info Source.

With the actions undertaken to improve compliance with the Act, the Department received a green rating in the MAF Round VI assessment results.

2.3 ATIP Officer Development Program

The ATIP Officer Development Program was developed in 2006 and revised in 2008–2009 to address the Department's mid and long–term shortage of skilled ATIP professionals by recruiting new employees at the junior level, fostering their loyalty to PWGSC, and preparing them to fill senior ATIP Officer positions at the PM–04 group and level within a three–year horizon. The Program is also intended to reduce the costs associated with the competitive staffing process and, in the long–term, the use of consultants.

In 2009–2010, the PM–02 and PM–03 competitions launched in the previous fiscal year resulted in a pool of qualified candidates and, as of April 1, 2010, three employees have been selected and hired under the program.

An external advertised process to recruit PM–01 ATIP Trainees was also undertaken during the fiscal year, and nominations will be made in summer of 2010.

2.4 ATIP Consultants

To address the staffing shortage facing the ATIP community, in addition to dealing with the increase in numbers of pages requested, the ATIP Directorate continued to use ATIP professional services under the terms of a competitive contract awarded in March 2008 to Antian Professional Services Inc. and the Access Information Agency Inc.

2.5 Committees

The Director General, Executive Secretariat, participates on the Interdepartmental DG Committee. The objective is to provide strategic advice to TBS on ATIP Policies and operational questions.

The Director, ATIP, is a member of the Interdepartmental ATIP Working Group that is chaired by TBS. In this capacity, PWGSC participated in the development of a new Guidelines on Access to Information during the 2009–2010 fiscal year.

One of the managers, ATIP, is also a member of the PWGSC Information Management Specialist Working Group, that was created in response to the TBS Information Management Policy that came into effect on July 1, 2007. The objective of this policy is to achieve efficient and effective information management to support program and service delivery; foster informed decision making; facilitate accountability, transparency, and collaboration; and, preserve and ensure access to information and records for the benefit of present and future generations.

2.6  Information Sessions

Given the complex nature 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 provided regular guidance and information sessions.

During the fiscal year, 10 information sessions were given to staff in the offices of the Minister and Deputy Minister, as well as managers and employees of the Departmental Oversight Branch, Regional Issues Managers, Intern Officers of the Acquisitions Branch, and the Strategic Review Team. Approximately 100 participants attended these information sessions.

In addition, one kick–off session, 23 group sessions and several one–on–one briefings were also provided to 103 departmental Info Source coordinators, managers and employees, including four conference calls with the regions, to provide advice and guidance on TBS requirements as well as to address the gaps identified in the MAF Round VI Assessment and to improve the content of PWGSC's chapter of Info Source.

3. Statistical Report – Interpretation and Explanation of Trends

3.1  Departmental Overview of Requests Received

All requests pursuant to the Access to Information Act are processed by the ATIP Directorate where they are first received and reviewed for clarity. Each request is then assigned to one or more organizational units of the Department, that become responsible for locating and retrieving the records containing the information sought, and identifying any costs or fees for processing the request.

The organizational units review the relevant records and offer recommendations to the ATIP Directorate on any sensitivities related to their disclosure. Where necessary, the ATIP Directorate also undertakes consultations with other organizations and third parties before a skilled ATI analyst reviews each record to make a decision on disclosure. The ATIP Directorate then notifies the requester and provides access to all of the records that can be disclosed.

The majority of Access to Information requests received by the Department during 2009–2010 were related to the contracting and procurement services provided by PWGSC. As well, a significant volume of requests was also received for briefing notes and question period cards to the Minister and records regarding real property.

3.2 External Clientele

In the 2009–2010 fiscal year, the business community accounted for the highest percentage of users of the Act, generating 42 percent of the requests received by PWGSC. The public represented the second largest source of requests, constituting 38 percent of those received, whereas the media accounted for 14 percent, with the remaining six percent coming from organizations and the academic community.

Table I provides an overview of the trends related to volume of access to information requests received by PWGSC, by source of request, over the past three years.

Table I
ATI Requests Received by Source

Source of Request	2007–2008	2008–2009	2009–2010
Business	216	255	301
Public	210	208	277
Media	113	84	103
Organizations	44	35	40
Academic	2	2	3
Total	585	584	724

3.3 Requests under the Access to Information Act

A total of 845 requests were in progress during this reporting period, representing a 15 percent increase in volume compared with the previous fiscal year. Of them, 724 requests (86 percent) were new requests, while 121 requests (14 percent) were outstanding from the previous year. Table II provides the related details.

Table II
Processing Trends for Access to Information Requests

Reporting Period	Outstanding	Received	Completed	Carried Forward
2007–2008	263	585	700	148
2008–2009	148	584	611	121
2009–2010	121	724	625	220

3.3.1. Interdepartmental Consultations

In addition to ATI requests, the Department received 206 ATI consultations from other federal institutions in 2009–2010, amounting to approximately 20,000 pages of records. On average, PWGSC responded to consultations within 22 days. These consultation requests are not reflected in the statistical tables at Annex B: Statistical Report – Access to Information Act, but they account for eight percent of the ATIP Directorate's access to information caseload.

Table III outlines the institutions that consulted PWGSC most frequently in 2008–2009.

Table III
Interdepartmental Consultations

Originating Institution	Received	%	Pages Reviewed
National Defence	50	35	7,005
Environment Canada	17	10	1,981
Royal Canadian Mounted Police	9	4	671
Other Government Institutions	130	51	10,156
Total	206	100%	19,813

3.3.2  Informal Review of Records

In order to assist the Department in the proactive release of information to the public, the ATIP Directorate provides an informal review service. The ATIP Directorate received 34 requests in 2009–2010 for the informal review of records.

3.4 Disposition of Completed Requests

Of the 845 requests in progress, 625 requests (73 percent) were completed during the 2009–2010 reporting period. The remaining 220 requests (27 percent) were carried forward to the next fiscal year. This carry forward of 220 requests represents an increase of 99 requests (81 percent) as compared to the last fiscal year.

Of the 625 cases where the Department completed the request, information was released either in whole or in part in 419 requests (67 percent). The 625 completed requests represent approximately 242,000 pages of records reviewed, and about 140,000 pages released.

3.4.1 All Disclosed

In 131 of the 625 completed cases (21 percent), the requesters were provided with full access to the relevant records. This figure is up by three percent from last fiscal year.

3.4.2 Disclosed in Part

PWGSC was compelled by the exemptive and exclusionary provisions of the Access to Information Act to provide requesters partial access in an additional 288 of the 625 completed cases (46 percent). This represents a nine percent decrease 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 19 of the 625 completed requests (3 percent), PWGSC was compelled by the exemptive and exclusionary provisions of the Access to Information Act to release no information. This represents a one percent decrease from the previous year.

3.4.4 Transferred

Of the 625 requests completed, 12 (2 percent) 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 90 requests (14 percent). In all 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, 85 (14 percent) were eventually considered to be abandoned. Such an action may occur at any point in the processing of a request and is most often due to a requester not paying the application fee or fees for search and preparation.

3.4.7 Treated Informally

None of the requests received in 2009–2010 were treated informally.

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.

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

Annex B: Statistical Report – Access to Information Act is intended to show the types of exemptions invoked to refuse access. For clarity purposes, 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: Statistical Report – Access to Information Act, personal information (subsection 19(1)), third party information (paragraphs 20(1)(b) and (c)) as well as statutory prohibitions (subsection 24(1)) of the Act accounted for the majority of the exemptions applied by the Department.

3.6 Exclusions Invoked

Pursuant to section 68, the Act does not apply to material that is published or available for purchase, library or museum material preserved solely for public record, material deposited with the Library and Archives Canada, as well as records considered to be confidences of the Queen's Privy Council of Canada pursuant to section 69 of the Act.

Annex B: Statistical Report – Access to Information Act shows the types of exclusions invoked. Again, for the sake of clarity, 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 2009–2010 fiscal year, exclusions were applied pursuant to sections 68 and 69 of the Act on 32 or five percent of the total number of requests completed.

3.7 Extension of Time Limits

Of the 724 requests received during the fiscal year, 394 needed to be extended in accordance with section 9 of the Access to Information Act. Due to the nature of PWGSC's mandate, the records requested often contained commercial and/or government sensitive information. As a result, many of the requests were extended pursuant to paragraphs 9(1)(b) and/or (c) of the Act, in order to undertake the necessary consultations with client departments and third parties prior to disclosure. While on average a 148 day time extension was taken, the average completion time for all requests completed was 66 days which represents a 28 percent reduction compared to the average of 92 days in the previous fiscal year.

3.8 Completion Times

Despite the complexity of requests, coupled with a 24 percent increase of new requests received, 309 of the 625 requests (49 percent) were completed within the initial 30–day period. This is a two percent improvement over the last fiscal year.

3.9 Translations

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

3.10 Method of Access

Of the 419 requests in which information was released, the requesters received copies of the information in 416 cases. There were three cases where access was provided by a combination of copies and in–person examination. It should be noted that the data in this section reflect only requests for which information was all disclosed or disclosed in part and therefore not those abandoned, etc.

Most requests (69 percent) were responded to in the form of paper copies, whereas 31 percent of cases resulted in electronic copies. With either method of access, as well as in–person examination, the ATIP Directorate offered the choice to the requester.

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 to 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. As per the delegation instrument, any decision to waive fees is delegated to the ATIP Chiefs and is made in accordance with PWGSC's Access to Information Fee Policy.

The fees collected during this reporting period totalled $9,062.17, while the fees waived in accordance with subsection 11(6) of the Act were $2,830.20. Fees collected for this reporting period are estimated to represent less than one percent of the Department's total cost of administering the Access to Information program.

A credit/debit card system continues to be used to facilitate the payment of fees by Interac and popular credit cards.

3.12 Costs

The total salary costs associated with the program were $1,262,009 or 55 percent of the ATIP Directorate's budget for fiscal year 2009–2010. The associated full–time equivalent (FTE) resources utilized were estimated at 19.94 for fiscal year 2009–2010.

Total operations and maintenance costs amounted to $1,018,480 and included the costs of consultants and maintenance of the Secret Local Area Network and case management system.

4. Complaints and Requests for Judicial Review

Table IV provides the breakdown of complaints made to the Office of the Information Commissioner of Canada and of requests for judicial review filed with the Federal Court of Canada, for which PWGSC has been informed of over the past three fiscal years.

Table IV
Complaints and Requests for Judicial Review

Reporting Period	Access Complaints	Requests for Judicial Review
2007–2008	44	3
2008–2009	66	5
2009–2010	44	3

4.1 Complaints to the Office of the Information Commissioner of Canada

In total the Department was notified in 2009–2010 of 44 complaints resulting in investigation, 11 of which were received by the Office of the Information Commissioner of Canada in previous fiscal years.

Of the 44 complaints, 22 (50 percent) related to time extensions taken and 14 (32 percent) concerned the processing of requests or missing records. Of the remaining complaints, eight (18 percent) concerned information withheld under the Act.

Of the complaints investigated, 23 were not substantiated, 20 were discontinued, 18 were resolved to the satisfaction of the requester, 4 were well founded, and 19 complaint investigations were still ongoing at the end of the fiscal year.

4.2  Requests for Judicial Review

4.2.1 Judicial Reviews Initiated in Fiscal Year 2008–2009

In 2009–2010, four access to information requests resulted in applications for three judicial reviews being registered with the Federal Court of Canada, four of which involve questions related to third party information. Please find below a summary of these applications:

Federal Court File Number T–762–09: Iunctus Geomatics Corp. requested a judicial review of PWGSC's decision to disclose details of their proposal for the provision of Operations and Maintenance of the CCRS Ground Segment Satellite Station Services. Iunctus Geomatics Corp. claimed that certain portions should be exempt from disclosure pursuant to subsection 20(1) of the Act. Discontinuance with consent on behalf of Applicant with consent on behalf of Respondent filed on February 19, 2010.

Federal Court File Number T–264–09: Knoll North American Corp. requested a judicial review of PWGSC's decision to disclose details of their proposal for a Standing Offer. Knoll North American Corp. claimed that certain portions should be exempt from disclosure pursuant to subsection 20(1) of the Act. Discontinuance on behalf of Applicant filed on November 2, 2009.

Federal Court File Number T–1201–09: Adga Group Consultants Inc. requested a judicial review of PWGSC's decision to disclose details of their proposals for the provision of information technology professional services. Adga Group Consultants Inc. claimed that the records should be exempt from disclosure, pursuant to subsection 20(1) of the Act, as the information was obtained pursuant to the Defence Production Act. Notice of Discontinuance filed on August 7, 2009.

4.2.2 Judicial Reviews Outstanding from Previous Fiscal Years

Of the four judicial reviews carried over from previous fiscal years, three were completed and one continues to be outstanding.

Federal Court File Number T–606–08: Brainhunter (Ottawa) Inc. requested a judicial review of PWGSC's decision to disclose details of their proposal for the provision of information technology professional services. Brainhunter (Ottawa) Inc. is asking the Court to ignore the statutory principle of severability and exempt the entire records of some 500 pages pursuant to subsections 19(1) and 20(1) of the Act. The case was dismissed on November 17, 2009.

Federal Court File Number T–367–09: Provincial Airlines Limited requested a judicial review of PWGSC's decision to disclose details of a report prepared by the consulting firm Deloitte & Touche for the Canadian Industrial Security Directorate of PWGSC. Provincial Airlines Limited claimed that the records should be exempt from disclosure pursuant to subsections 15(1), 16(2) and 20(1) of the Act. The case was dismissed on March 16, 2010.

Federal Court File Number T–474–09: The applicant requested a judicial review of PWGSC's decision to sever information found in the records pursuant to subsection 19(1) of the Act. The applicant claimed that, pursuant to section 3(j) of the Privacy Act, the level of education of a public servant does not qualify as personal information. The case was dismissed on June 9, 2010.

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 pursuant to paragraphs 18(d) and 21(1)(b)(d) of the Act. The records pertain to the technical evaluation document for proposals related to the Public Works and Government Services Canada Engineering and Technical Services Request for Proposals referred to as EN869–04047/A. Affidavits have been exchanged.

Annex A: Delegation of Authorities – (Excerpt)

Please note that the May 8, 2007 version has been updated as follows:

1. Addition of the Deputy Minister's signature.
2. Changes to Schedule 1

Extension of the delegations pursuant to the Access to Information Act and the Privacy Act to additional limited positions in the Access to Information and Privacy Directorate.

Minister's and Deputy Minister's Delegation of Authorities

We hereby delegate the powers vested in the offices of the Minister and Deputy Minister of Public Works and Government Services, in the manner defined in Schedules 1 to 4, the associated Tables of Equivalent Positions and specific delegations in the Notes to these schedules, including officers appointed on a temporary or acting basis to positions so defined, subject to the principles, guidelines, limitations and restrictions described in the department's Delegation of Authorities Manual and all relevant legislation, regulations and policies.

Specifically, this instrument is intended to delegate authority, as defined by:

Schedule 1

"Department–Wide Authorities", the "Table of Equivalent Positions" for Schedule 1 and the Specific Delegations contained in the "Notes to Schedule 1";

Schedule 2

"Real Property Services Authorities", the "Table of Equivalent Positions" for Schedule 2 and the Specific Delegations contained in the "Notes to Schedule 2";

Schedule 3

"Common Service Acquisition Authorities", the "Table of Equivalent Positions" for Schedule 3 and the Specific Delegations contained in the "Notes to Schedule 3";

Schedule 4

"Receiver General for Canada Authorities".

Further, these delegations are made on the explicit understanding that they are to be used only:

• commensurate with the level of responsibility assigned to the position and when required to undertake the duties of that position as described in the operational plans of the Department; and
• to attain departmental objectives, within the departmental mandate; or
• to attain clients' objectives when providing common services to client departments.

The department's Delegation of Authorities Manual documents the delegated authorities of Public Works and Government Services Canada and includes important information on the conditions under which we have made these delegations. All officers of the Department who are acting on our behalf in any matter related to these delegations must make themselves familiar with the contents of the Manual to ensure that they are fully cognizant of the conditions and implications of doing so.

[original signed by the minister]
The Honourable Christian Paradis, P.C., M. P. (Mégantic-L'Érable)
Minister of Public Works and Government Services

François Guimont
Deputy Minister of Public Works and Government Services

DEPARTMENT–WIDE AUTHORITIES – SCHEDULE 1

TABLE OF EQUIVALENT POSITIONS – for Schedule 1

This Table defines the positions at each of the four levels that receive the general delegations of authorities through the Schedule.

Notes:

1. Unless restricted by legislation, regulations and policies, the Deputy Minister and Associate Deputy Minister have full delegated authority; and
2. For any position titles not listed in this Table of Equivalent Positions, the equivalent positions as recognized by the Chief Financial Officer shall apply.

Level	Positions
Level 1	Chief Financial Officer Assistant Deputy Minister Associate, Assistant Deputy Minister Chief Executive Officer Chief Operating Officer Chief Risk Officer Director General Associate Director General Vice President Executive Director Special Advisor to Deputy Minister Regional Director General Senior Advisor Accelerated Infrastructure Program Regional Director Senior Director Director, Cheque Redemption and Control Product Executive, Product Management Delivery Executive, Service Management & Delivery
Level 2	Director Deputy Director
Level 3	Manager Financial Management Advisor Facilities Management Integrator Internal Audit Principal Executive Assistant
Level 4	Head Group Head Chief Section Chief Team Leader Supervisor Unit Supervisor Administrator Senior Officer Officer Project Leader Senior Advisor Advisor Senior Analyst Analyst Agent Coordinator Engineer Specialist Technologist Inspector Operator Architect Designer Assistant Hydrogeologist Surveyor Superintendent Planner Cartographer Foreman Technician Stores–Person Trainer Counsellor Estimator Appraiser Sign Writer Fitter Procurement Clerk

Supplementary Information – SCHEDULE 1

	Asset Disposals	Asset Write Offs	Asset Loans	Project Approval: Information Technology Investments	Treasury Board Submission	Amendment to the Table of Equivalent Positions	Access to Information Act
Departmental Limit	FULL	FULL	FULL	$5M NEW $10M EXIST	FULL	FULL	FULL
Level 1	FULL See Notes	FULL	FULL	See Notes	See Notes	See Notes	See Notes
	50	51	52	53	54	55	56

	Privacy Act	Use of Government Vehicles	Exemption From Parking Charges	Certification of True Copies	Release Settlement Documents
Departmental Limit	FULL	FULL	FULL	FULL	FULL
Level 1	See Notes	See Notes	See Notes	See Notes	See Notes
	57	58	59	60	61

Columns 50 to 52 are administrative authorities that allow managers to identify assets for disposal, write-off or loan. The authority to complete these transactions is only delegated to officers of Materiel Management in Crown Assets Distribution Centres.

Departmental Limit: FULL means the authority to dispose, write-off or loan assets for which the Department is responsible.

Level 1: FULL means the authority to dispose, write-off or loan assets for which the manager is responsible.

Column 53 is a specific secondary control on spending related to IT procurement that is delegated to the Deputy (replacement of existing system) and CEO and COO, ITS (investment in new system).

Column 54 is a primary control on spending when that spending is outside the limits of Departmental authority. This is the authority to initiate a TB Submission. Only the Minister and Deputy Minister may approve a Submission to the Treasury Board.

Columns 55 to 61 are administrative authorities which are delegated to positions with assigned responsibility. Exercising of these authorities must also comply with relevant legislation, regulation and policy requirements and limitations.

Administrative Authorities – Approvals

	Asset Disposals	Asset Write–Offs	Asset Loans	Project Approval: Information Technology Investments	Treasury Board Submission	Amendment to the Table of Equivalent Positions	Access to Information Act
Departmental Limit	FULL	FULL	FULL	$5M NEW $10M EXIST	FULL	FULL	FULL
Generic Levels
Level 1	FULL See Notes	FULL	FULL	See Notes	See Notes	See Notes	See Notes
Level 2	FULL See Notes	FULL	FULL				See Notes
Level 3	FULL See Notes	FULL See Notes	FULL See Notes				See Notes
Level 4		See Notes					See Notes
References to "Notes to Schedule 1"	50	51	52	53	54	55	56

Administrative Authorities - Approvals

	Privacy Act	Use of Government Vehicles	Exemption From Parking Charges	Certification of True Copies	Release Settlement Documents
Departmental Limit	FULL	FULL	FULL	FULL	FULL
Generic Levels
Level 1	See Notes	See Notes	See Notes	See Notes	See Notes
Level 2	See Notes	See Notes			See Notes
Level 3	See Notes	See Notes
Level 4	See Notes	See Notes
References to "Notes to Schedule 1"	57	58	59	60	61

Column 56 Access to Information Act
Specific Delegation of Authority

• Level 1 – Director General, Executive Secretariat – Full
• Level 2 – Director, Access to Information and Privacy – Full
• Level 3 – Manager, Risk and Quality Management – Full
• Level 4 – Chief, Access to Information and Privacy – Full^[1]
• Level 4 – ATIP Officer – Full^[2]

[1] Only in regard to Sections 7, 9, 25, 27 and 33; and Subsections 8(1), 11(2) to 11(6), 19(1) and 24(1) of the Access to Information Act; Section 8 and Subsections 6(1), 7(2)(3) of the Access to Information Regulations.

[2] Only in regard to Section 9 and Subsection 27(1) of the Access to Information Act.

Column 57 Privacy Act
Specific Delegation of Authority

• Level 1 – Director General, Executive Secretariat – Full
• Level 2 – Director, Access to Information and Privacy – Full^*
• Level 3 – Manager, Risk and Quality Management – Full^*
• Level 4 – Chief, Access to Information and Privacy –Full⁽¹⁾
• Level 4 – ATIP Officer – Full⁽²⁾

* Except for Section 8(2)(m) of the Privacy Act re; personal information to be disclosed in the public interest.

(1) Only in regard to Sections 14, 15 and 26 of the Privacy Act; and section 9 of the Privacy Regulation.

(2) Only in regard to Section 15 of the Privacy Act.

Annex B: Statistical Report – Access to Information Act

Institution: PUBLIC WORKS AND GOVERNMENT SERVICES CANADA
Reporting period: 01/04/2009 to 31/03/2010

Source
Media: 103 
Academia: 3 
Business: 301 
Organization: 40 
Public: 277 

I. Requests under the Access to Information Act

Received during reporting period: 724 
Outstanding from previous period: 121 

TOTAL: 845 

Completed during reporting period: 625 
Carried forward: 220 

II. Disposition of requests completed

1. All disclosed: 131 
2. Disclosed in part: 288 
3. Nothing disclosed (excluded): 3 
4. Nothing disclosed (exempt): 16 
5. Transferred: 12 
6. Unable to process: 90 
7. Abandoned by applicant: 85 
8. Treated informally: 0 

TOTAL: 625 

III. Exemptions invoked

Exemptions	Numbers
S. Art. 13(1)(a)	5
(b)	0
(c)	3
(d)	0
S. Art. 14	1
S. Art. 15(1) International rel.	1
Defence	18
Subversive activities	0
S. Art. 16(1)(a)	0
(b)	2
(c)	4
(d)	0
S. Art. 16(2)	17
S. Art. 16(3)	0
S. Art. 17	0
S. Art. 18(a)	5
S. Art. 18(b)	24
(c)	0
(d)	10
S. Art. 19(1)	246
S. Art. 20(1)(a)	1
(b)	154
(c)	147
(d)	5
S. Art. 21(1)(a)	43
(b)	43
(c)	29
(d)	9
S. Art. 22	2
S. Art. 23	38
S. Art. 24	102
S. Art. 26	2

IV. Exclusions cited

Exclusions	Numbers
S. Art. 68(a)	2
(b)	1
(c)	0
S. Art. 69(1)(a)	1
(b)	0
S. Art. 69(1)(c)	1
(d)	1
(e)	1
(f)	0
(g)	25

V. Completion time

• 30 days or under: 309 
• 31 to 60 days: 54 
• 61 to 120 days: 150 
• 121 days or over: 112

VI. Extensions

30 days or under

• Searching: 21 
• Consultation: 4 
• Third party: 1 

TOTAL: 26 

31 days or over

• Searching: 40 
• Consultation: 111 
• Third party: 198 

TOTAL: 349 

VII. Translations

Translations requested: 0

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

VIII. Method of access

• Copies given: 416 
• Examination: 0 
• Copies and examination: 3 

IX. Fees

Net fees collected

• Application fees: $3,475.00
• Reproduction: $2,750.90
• Searching: $852.50
• Preparation: $0.00
• Computer processing: $1,982.90
• TOTAL: $9,062.17

Fees waived

• $25.00 or under: $1,888.40 - No. of times: 374
• Over $25.00:$941.80 - No. of times: 14

X. Costs

Financial (all reasons)

• Salary: $1,262,009
• Administration (O and M): $1,018,480
• TOTAL: $2,280,489

Person year utilization (all reasons)

• Person year (decimal format): 19.94

Supplemental Reporting Requirements – Access to Information Act

In addition to the reporting requirements addressed in form TBS/SCT 350–62 "Report on the Access to Information Act", institutions are required to report on the following using this form:

Part III – Exemptions invoked

Section 13

Subsection 13(e) ________0_______

Section  14

Subsections  14(a) ________0__________

14(b) ________1__________

Part IV – Exclusions cited

Subsection 69.1 (1) ________0________