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Access to Information Act - Annual Reports 2010-2011
Table of Contents
Part II - Report on the Access to Information Act
- Organization of the Access to Information and Privacy Directorate
- Summary of Activities and Highlights
- 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
- Complaints and 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, 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 2010-2011.
Part I - Background
1. Public Works and Government Services Canada
1.1 Background
The Department, founded in 1841 and originally known as The Board of Works, 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.
In 1993, the Department became Public Works and Government Services Canada (PWGSC) through the amalgamation of the former Supply and Services Canada, Public Works Canada, Government Telecommunications Agency (Communications Canada), and the Translation Bureau (Secretary of State of Canada).
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 a common service organization providing government departments, boards and agencies with support services for their programs.
Following the government's decision to review the way in which government communications would be delivered, on April 1, 2004, PWGSC assumed some of the former Communication Canada's functions.
Today, the Department has evolved into a sophisticated operational arm of government that employs nearly 14,000 staff working in the National Capital Area and across the country including regional offices in Halifax, Montreal, Toronto, Edmonton, and Vancouver, and abroad in the United States and in Europe.
The Office of the Procurement Ombudsman, an independent office, and part of the portfolio of the Minister of PWGSC, was established on May 5, 2008, as one of the final steps in the implementation of the Federal Accountability Act.
1.2 Raison d'être and Responsibilities
Public Works and Government Services Canada plays a key role in the daily operations of the Government of Canada. The Department is the principal banker, accountant, central purchasing agent, linguistic service provider, office space portfolio manager and enabler of access to government services online.
PWGSC's vision is to excel in government operations by delivering high-quality services and programs that meet the needs of federal organizations and ensure sound stewardship on behalf of Canadians.
The Minister is also the Receiver General for Canada and has the responsibility for maintaining the Public Accounts of Canada. The Minister also has the authority for the administration of services related to benefits, superannuation, pension plans, and the disbursement of pay to federal employees.
The Department's goal is to manage business in a way that strengthens accountability and adds value for clients, and for Canadians. In doing so, PWGSC:
- injects more than $14 billion annually into the Canadian economy through government procurement;
- issues more than 14.5 million federal pay and pension payments to Canadians;
- provides office 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 $1.99 trillion in cash flow transactions as the Receiver General for Canada.
The Office of the Procurement Ombudsman reviews complaints from suppliers. It also reviews procurement practices in departments and agencies, and makes recommendations for the improvement of those practices to ensure improved fairness, openness, and transparency in the procurement process.
1.3 Strategic Outcome and Program Activity Architecture
PWGSC's Program Activity Architecture (PAA), as approved by Treasury Board, supports the strategic outcome which is high-quality, central programs and services that ensure sound stewardship on behalf of Canadians and meet the program needs of federal institutions. There are nine program activities that comprise PWGSC's PAA, as follows:
- 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,
- Integrated Services.
Note: Although it is a program activity of PWGSC, the Office of Procurement Ombudsman is required to operate in an impartial and independent manner.
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 (Act) for PWGSC, including one Special Operating Agency, 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 and Strategic Policy Branch (ADM-CSSPB). The ATIP Directorate operated with up to 15 ATIP officers and nine consultants who worked under three units to manage the requests received within the Department. Reporting to the Director, ATIP, the units were 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 up to five clerks.
1.1 Delegation Instruments
Under section 3 of the 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 ADM-CSSPB, and the Director and Managers of the ATIP Directorate having full delegated authority under the Act. Certain administrative functions are also delegated to the ATIP Chiefs to speed the processing of requests.
The delegation was revised in 2010 to provide full authority under the Act to the ADM-CSSPB as the branch head responsible for the ATIP program, and additional delegation to the ATIP Chiefs to allow them to make disclosure decisions on routine requests involving third party information pursuant to subsections 20(1) and 28(1)(2)(4) of the Act. Although in effect, these changes will be incorporated in the Delegation of Authorities instrument of 2011-2012.
An excerpt of the Delegation of Authorities approved by the Minister of Public Works and Government Services is enclosed at Annex A.
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
The following departmental policies and procedures are being revised to reflect the new TBS ATI Policy and Directives and the changes made in 2010 to improve the PWGSC ATI process.
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.
The ATIP Liaison officer Handbook will be revised by the end of fiscal year 2011-2012.
1.3.3 ATIP Directorate Desk Procedures
The ATIP Directorate has an ATIP Officer Desk Procedures manual in place, 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 Information Commissioner Investigations
On October 26, 2009, the Office of the Information Commissioner (OIC) launched an investigation into a complaint received alleging delay and interference in the processing of access to information (ATI) request A-2009-00125. On October 8, 2010 the OIC initiated another complaint investigation regarding potential interference in the processing of 14 other requests.
During the investigations, the OIC reviewed numerous documents and examined, under oath, a number of individuals involved in the processing of the requests.
In December 2010, the Department retained the services of Andrée Delagrave to provide her opinion on the actions taken by the Department to update the ATI process (see section 2.2 below for details), and also make recommendations for further improvements. Ms. Delagrave is known for her work as the Chair of the ATI Task force that reviewed in the early 2000's all aspects of the federal ATI regime.
On March 14, 2011, the OIC issued the final results of the investigation of the complaint on requests A-2009-00125 that was reported as well founded with five recommendations, which were accepted by the Minister. The OIC recommendations included the referral of the matter of the then Minister's office interference with the request to the Royal Canadian Mounted Police to investigate the suspected contravention to section 67.1 of the Act.
The OIC investigation of the complaint on the other 14 requests is still ongoing, and the Department continues to fully cooperate with their office through their investigation.
2.2 Management Action Plan (MAP)
- Update to the Access to Information (ATI) Process
When the above complaint was initiated, and long before the completion of the OIC investigation, the Department had developed a Management Action Plan (MAP) to improve the ATI process and also include remaining activities of the three-year ATI Improvement Plan, which had a sun setting date of December 2010.
In the spirit of continuous improvements to enhance legislative compliance and departmental readiness, opportunities were identified as a result of discussions with branch ATIP Liaison Officers and consideration of factors such as the ATIP processes in other government departments, best practices and the Information Commissioner's 2008-2009 Report Cards.
In June 2010, changes to the Department's ATI process were recommended and approved by senior management at the Deputy Minister Management Committee (DMMC). All stakeholders (Minister's Office, branch heads, ATIP Liaisons and ATIP staff) have been informed, and a MAP was prepared for implementation.
All approved changes have been implemented, with the exception of one which is still underway. Below is a summary of the changes:
- Weekly Meeting - Structural change made to better reflect the nature of the meeting, in which the Minister's Office no longer participates. The meeting is now led by the Communications Branch as the purpose is to identify the requests that may require the preparation of communication products.
- Tracking timeliness of Requests - Streamlined ATI Weekly Report to senior management, with broader distribution to branch heads and ATIP Liaisons, that now includes late requests and requests at risk of being late, in addition to the new requests and consultations, new complaints, closed requests and requests that may be released.
- New Requests and Record Retrieval - Strengthened process requiring the responsible branch head to sign-off on records and disclosure recommendations provided to the ATIP Directorate.
- Senior Management Review - Improved process that eliminates sign-off and reduces, from six to four working days, the time spent by senior management to review release packages in response to requests identified as possibly needing communication products.
- Delegation of Authority - Expanded to the Assistant Deputy Minister, Corporate Services and Strategic Policy Branch (ADM-CSSPB) as the branch head responsible for the ATIP program, and to the ATIP chiefs allowing them to make disclosure decisions regarding third party information.
- Resolution of Questions or Issues - Any unresolved questions or issues, or issues involving the Minister's office, regarding the release of information are now brought to the attention of the ADM-CSSPB for resolution.
Electronic Tool - Acquired and implemented the AccessPro Redaction software commonly used by most government institutions to increase efficiency. - Organizational Structure - The ATIP Directorate continues to work with the Human Resources Branch to implement an organizational structure that is similar to ATIP offices in other government departments and in line with the model developed by the Treasury Board Secretariat for large organizations.
The MAP was updated to add the recommendations of Ms. Delagrave and the Information Commissioner. Some of the resulting MAP initiatives completed to date include:
- The matter of alleged interference by the then Minister's office has been referred to the RCMP.
- Internal procedures have been established to specifically address suspected contravention under section 67.1 of the Act. Any confirmed contravention to this provision will result in disciplinary action, up to and including termination of employment.
- An ATIP communications Plan for employees, exempt staff and contractors has been approved, incorporating key messages such as the duty to assist, delegation of authority and process to report potential section 67.1 contravention.
- A series of articles in the departmental Intranet publication "In The Know", for all employees, entitled "ATIP and You" has been initiated.
Despite a 22 percent increase of new requests in 2010-2011, the Department maintained its compliance rate above 95 percent for responding to ATI requests within the legislated timelines. It is with the management support and staff commitment to excellence that PWGSC was able to attain this outstanding performance for a third consecutive year.
The Department's timeliness and compliance also continue to be closely monitored and reported to senior management on a weekly basis. Progress, success and performance are also reported at DMMC on a quarterly basis.
2.3 Management Accountability Framework (MAF) Action Plan
The MAF requirements for Area of Management 12 Information Management, Line of Evidence 12.4 Access to Information necessitate that PWGSC demonstrate compliance with statutory and regulatory requirements of the Act, including 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. Recognizing that further work was required to improve its chapter of Info Source, and with the goal of maintaining the Green rating obtained from the MAF Round VII assessment, PWGSC developed a MAF action plan to improve the quality of the departmental content.
As sustained senior management engagement is key to ensuring the Department continues to improve its results, a MAF agreement also been prepared between ADM-CSSPB and the Deputy Minister to ensure that the activities of the MAF action plan are implemented.
The ATIP Directorate continued to work closely with the Treasury Board Secretariat (TBS) and the departmental branches to make significant revisions to PWGSC's Info Source chapter to align it with the 2010-2011 Program Activity Architecture, including revised/new Classes of Records (CORs) and conversion of institution-specific to standard CORs as recommended by TBS.
Although PWGSC was not evaluated in the MAF Round VIII assessment, feedback has been obtained and TBS was pleased with the improvements made to the 2010 Info Source submission. However, the Department needs to review the descriptions of all institution- specific CORs to ensure they are thorough and complete, and that the English and French versions of the document are the same.
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 that align with TBS requirements. A post mortem session was held with the departmental Info Source coordinators. In addition, planning for the 2011 submission was undertaken, and included an information session.
2.4 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 2010-2011, two PM-02s and seven PM-01s were hired under the program from the pools of successful candidates created as a result of the advertised processes launched in the previous fiscal years.
As ATIP Trainees are promoted to the next level, appointments from the pools will be made to hire new participants in the program.
2.5 Committees
The Director General, Executive Secretariat, participates on the interdepartmental ATIP DG Committee. The objective is to provide strategic advice to TBS on overarching ATIP policy and operational questions.
The Director, ATIP, participated on the ATIP Community Development Initiative Working Group for developing and making recommendations to the ATIP DG Committee on generic tools for the ATIP Community, specifically organizational models, job descriptions, and competency profiles.
The Managers, Intake and Administration is a member of the Departmental Information Management Committee (DIMC) that provides a forum for strategic discussions on department-wide IM related matters, ensuring that the Department makes IM decisions that are fully consistent with departmental priorities and for promoting collaboration between branches to ensure alignment to PWGSC's IM/IT strategies and business priorities.
The ATIP Directorate is also represented at the Information Management Specialist Working Group (IMSWG) that was created in response to the TBS Information Management Policy that came into effect on July 1, 2007. The IMSWG is comprised of employees with IM functional expertise and is responsible for making recommendations to DIMC about Information Management within the Department, relating to their field of expertise.
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, 33 training and awareness sessions were given to 531 managers and employees from all branches of the Department at all levels.
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 2010-2011 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 2010-2011 fiscal year, the public accounted for the highest percentage of users of the Act, generating 44 percent of the requests received by PWGSC. The business community represented the second largest source of requests, constituting 29 percent of those received, whereas the media accounted for 18 percent, with the remaining nine 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.
| Source of Request | 2008-2009 | 2009-2010 | 2010-2011 |
|---|---|---|---|
| Public | 208 | 277 | 384 |
| Business | 255 | 301 | 258 |
| Media | 84 | 103 | 158 |
| Organizations | 35 | 40 | 78 |
| Academic | 2 | 3 | 3 |
| Total | 584 | 724 | 881 |
3.3 Requests under the Access to Information Act
A total of 1,101 requests were in progress during this reporting period, representing a 30 percent increase in volume compared with the previous fiscal year. Of them, 881 requests (80 percent) were new requests, while 220 requests (20 percent) were outstanding from the previous years. Table II provides the related details.
| Reporting Period | Outstanding | Received | Completed | Carried Forward |
|---|---|---|---|---|
| 2008-2009 | 148 | 584 | 611 | 121 |
| 2009-2010 | 121 | 724 | 625 | 220 |
| 2010-2011 | 220 | 881 | 817 | 284 |
3.3.1. Interdepartmental Consultations
In addition to ATI requests, the Department received 262 ATI consultations from other federal institutions in 2010-2011, amounting to approximately 23,000 pages of records. On average, PWGSC responded to consultations within 35 days. These consultation requests are not reflected in the statistical tables at Annex B, 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 2010-2011.
| Originating Institution | Received | % | Pages Reviewed |
|---|---|---|---|
| National Defence | 34 | 13 | 5,555 |
| Treasury Board Secretariat | 29 | 11 | 749 |
| Industry Canada | 13 | 5 | 202 |
| Canadian Heritage | 12 | 5 | 947 |
| Other Government Institutions | 174 | 66 | 15,559 |
| Total | 262 | 100% | 23,012 |
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 27 requests in 2010-2011 for the informal review of records.
3.4 Disposition of Completed Requests
Of the 1,101 requests in progress, 817 requests (74 percent) were completed during the 2010-2011 reporting period. The remaining 284 requests (26 percent) were carried forward to the next fiscal year. This carry forward of 284 requests represents an increase of 64 requests (29 percent) as compared to the last fiscal year.
Of the 817 cases where the Department completed the request, information was released either in whole or in part in 557 requests (68 percent). The 817 completed requests represent approximately 490,000 pages of records reviewed, and over 216,000 pages released.
3.4.1 All Disclosed
In 143 of the 817 completed cases (18 percent), the requesters were provided with full access to the relevant records. This figure is down by 3.5 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 51 percent of the completed cases (414 of the 817 cases). This represents a five percent increase from last fiscal year. In most instances, the information withheld related to personal and third party information.
3.4.3 Nothing Disclosed (All Exempted; All Excluded)
In 19 of the 817 completed requests (2 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 817 requests completed, 27 (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 (11 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, 122 (15 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
Two of the requests received in 2010-2011 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 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, 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 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 2010-2011 fiscal year, exclusions were applied pursuant to sections 68 and 69 of the Act on 35 or four percent of the total number of requests completed.
3.7 Extension of Time Limits
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. Time extensions under paragraph 9(1)(a) of the Act were also required for requests involving a large number of records.
Of the 881 requests received during the fiscal year, 441 needed to be extended in accordance with section 9 of the Access to Information Act. While on average a 139 day time extension was taken, the average completion time for all requests completed was 92 days which represents a 39 percent increase compared to the average of 66 days in the previous fiscal year.
3.8 Completion Times
Despite the complexity of requests, coupled with a 22 percent increase of new requests received, 379 of the 817 requests (46 percent) were completed within the initial 30-day period. This is a three percent decrease compared to 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 557 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. 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 (72 percent) were responded to in the form of paper copies, whereas 28 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 $11,251.53, while the fees waived in accordance with subsection 11(6) of the Act were $8,875.10. 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 $1,507,167 or 51 percent of the ATIP Directorate's budget for fiscal year 2010-2011. The associated full-time equivalent (FTE) resources utilized were estimated at 28.75 for fiscal year 2010-2011.
Total operations and maintenance costs amounted to $1,477,147 and included the costs of consultants and maintenance of the Secret Local Area Network and case management system, and the purchase and implementation of the AccessPro Redaction software.
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 and the Federal Court of Appeal, for which PWGSC has been informed of over the past three fiscal years.
| Reporting Period | Complaints | Judicial Review |
|---|---|---|
| 2008-2009 | 66 | 5 |
| 2009-2010 | 44 | 4 |
| 2010-2011 | 92 | 4 |
4.1 Complaints to the Office of the Information Commissioner of Canada
In total the Department was notified in 2010-2011 of 92 complaints resulting in investigation, 28 of which related to requests received in previous fiscal years.
Of the 92 complaints, 42 (46 percent) related to time extensions taken, 25 (27 percent) concerned information withheld under the Act, and nine (10 percent) were about the delays. The remaining 16 complaints (17 percent) concerned the processing of requests.
Of the complaints investigated, 32 were not substantiated, 28 were well founded, 15 were discontinued, and 72 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 2010-2011, four access to information requests resulted in four applications for judicial reviews being registered with the Federal Court, all of which involving questions related to third party information. Below is a summary of these applications:
Federal Court Number T-724-10: Top Aces Consulting Inc. has requested a review of National Defence's decision to disclose records regarding contracts awarded to their company for Airborne Training Services. PWGSC was also identified as a Respondent in this case as it was processing a similar request. However, since PWGSC had not been involved in the National Defence's decision, a Discontinuance with Consent was filed on February 9, 2011.
Federal Court Number T-1665-10: ADGA Group Consultants Inc. has requested a review of PWGSC's decision to disclose records pertaining to the evaluation process of procurement EN260-093401/A (Project Management Office Services). ADGA claimed that non-responsive records should not be released and that information should be exempt from disclosure, pursuant to subsections 19(1) and 20(1) of the Act. A Notice of Discontinuance was filed on January 19, 2011.
Federal Court Numbers T-2-11 and T-3-11: Marketwire Canada Limited has requested a review of PWGSC's decision to disclose records pertaining to contracts awarded to their company between 2005 and 2010. Marketwire claimed that information contained in the records should be exempt from disclosure, pursuant to subsections 19(1) and 20(1) of the Act. Notices of discontinuance were filed on February 16, 2011.
4.2.2 Judicial Reviews Outstanding from Previous Fiscal Years
Four judicial reviews were carried over from previous fiscal years and continue to be outstanding.
Federal Court 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 PWGSC Engineering and Technical Services Request for Proposals referred to as EN869-04047/A. Affidavits have been exchanged.
Federal Court Number T-123-10: The Corps of Commissionaires requested a review of PWGSC's decision to disclose records pertaining to audits conducted on their company. The Corps of Commissionaires claimed that the records should be exempt from disclosure pursuant to subsection 19(1) and 20(1) of the Act. Affidavits have been exchanged.
Federal Court Number T-1685-10: Acklands-Grainger Inc. (AGI) Requested a review of PWGSC's decision to disclose portion of the records pertaining the offer they had submitted for the Fire Fighting Equipment Standing Offer. AGI claimed that the information should be exempted from disclosure in entirety pursuant to subsection 20(1) of the Act. Affidavits have been exchanged.
Federal Court of Appeal Number A-266-10: On July 27, 2010, Mr. Jaques Nault filed an Notice of Appeal of the decision rendered by the Honourable Judge Johanne Gauthier on June 9, 2010 (FCT T-474-09), with respect to PWGSC's decision to exempt personal information found in the records pursuant to subsection 19(1) of the Act. Affidavits and Memoranda of Facts and Law have been exchanged.
Annex A: Delegation of Authorities – Access to Information Act
Please note that the April 17, 2009 version has been updated as follows:
Changes to Schedule 1
Addition of authority to accept and release security. The Security for Debts Due to Her Majesty Regulations provide the Minister responsible for the recovery or collection of any debt or obligation due or payable to Her Majesty or claim by Her Majesty, with the authority to accept any security in respect of the debt, obligation or claim. The addition is to align the Delegation of Authorities Instrument with the Treasury Board Directive on Receivables Management that provides the authority to the Deputy Minister, the Chief Financial Officer and the senior official designated by the Deputy Minister as the lead official for the management of accounts receivable to seek security for debts due to Her Majesty on behalf of the Minister.
Recognize new or equivalent position titles to reflect the current corporate structures at both the national and regional level.
Increase Level 4 authority to allow Materiel Management 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 Corporate Services or Regional Corporate Services, Strategic Management & Communications.
Changes to Schedule 2
Removal of the authority for amendments to real property maintenance services contracts issued competitively by Acquisitions Branch.
Addition or change to the "Table of Equivalent Positions" to reflect current national and regional Real Property positions.
Addition or change to "Specific Delegation of Authorities Tables" included in the notes to reflect current national and regional Real Property positions.
Changes to Schedule 3
Aligning of Special Contracting limits with Services Contracts Approval Limits for level 2, 3 and 4.
Increase Level 2 Standing Offer and Supply Arrangement Approval Authority to reflect the limit for Non-regulated Telecommunication Services.
Change of the "Table of Equivalent Positions" to move the position of Senior Contracts Officer (Washington) from Level 2 to Level 3.
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.
The Honourable Rona Ambrose, P.C., M. P. (Edmonton–Spruce Grove)
Minister of Public Works and Government Services
François Guimont
Deputy Minister of Public Works and Government Services
DEPARTMENT–WIDE AUTHORITIES – SCHEDULE 1
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 | FULL See Notes |
FULL See Notes |
FULL See Notes |
See Notes | |||
| References to "Notes to Schedule 1" | 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 |
| 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 |
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 Corporate Services or Regional Corporate Services, Strategic Management & Communications.
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.
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:
- Unless restricted by legislation, regulations and policies, the Deputy Minister and Associate Deputy Minister have full delegated authority; and
- 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 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 |
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 - ull[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
lnstitution: PUBLIC WORKS AND GOVERNMENT SERVICES CANADA
Reporting period: 01/04/2010 to 31/03/2011
Media: 158
Academia: 3
Business: 258
Organization: 78
Public: 384
I. requests under the Access to Information Act
Received during reporting period: 881
Outstanding from previous period: 220
TOTAL: 1,101
Completed during reporting period: 817
Carried forward: 284
II. Disposition of requests completed
- All Disclosed: 143
- Disclosed in part: 414
- Nothing disclosed (excluded): 3
- Nothing disclosed (exempt): 16
- Transferred: 27
- Unable to process: 90
- Abandoned by applicant: 122
- Treated informally: 2
TOTAL: 817
III. Exemptions invoked
| Exemptions | Numbers |
|---|---|
| S. Art. 13(1)(a) |
6 |
| (b) | 0 |
| (c) | 5 |
| (d) | 0 |
| S. Art. 14 |
0 |
| S. Art. 15(1) International rel. |
0 |
| Defence | 34 |
| Subversive activities | 0 |
| S. Art. 16(1)(a) |
1 |
| (b) | 1 |
| (c) | 4 |
| (d) | 0 |
| S. Art. 16(2) |
42 |
| S. Art. 16(3) |
0 |
| S. Art. 17 |
0 |
| S. Art. 18(a) |
3 |
| S. Art. 18(b) |
24 |
| (c) | 0 |
| (d) | 11 |
| S. Art. 19(1) |
334 |
| S. Art. 20(1)(a) |
6 |
| (b) | 180 |
| (c) | 182 |
| (d) | 19 |
| S. Art. 21(1)(a) |
49 |
| (b) | 53 |
| (c) | 25 |
| (d) | 7 |
| S. Art. 22 |
17 |
| S. Art. 23 |
53 |
| S. Art. 24 |
142 |
| S. Art. 26 |
1 |
IV. Exclusions cited
| Exclusions | Numbers |
|---|---|
| S. Art. 68(a) |
6 |
| (b) | 0 |
| (c) | 0 |
| S. Art. 69(1)(a) |
5 |
| (b) | 0 |
| S. Art. 69(1)(c) |
2 |
| (d) | 0 |
| (e) | 3 |
| (f) | 0 |
| (g) | 24 |
V. Completion time
- 30 days or under: 379
- 31 to 60 days: 76
- 61 to 120 days: 153
- 121 days or over: 209
VI. Extensions
- 30 days or under
- Searching: 107
- Consultation: 3
- Third party: 1
- TOTAL: 111
- 31 days or over
- Searching: 50
- Consultation: 271
- Third party: 254
- TOTAL: 575
VII. Translations
Translations requested: 0
- Translations prepared
- English to French: 0
- French to English: 0
VIII. Method of access
- Copies given: 557
- Examination: 0
- Copies and examination: 0
IX. Fees
Net fees collected
- Application fees: $3,695.00
- Reproduction: $2,017.40
- Searching: $1,985.00
- Preparation: $0.00
- Computer processing: $3,554.13
- TOTAL: $11,251.53
Fees waived
- $25.00 or under: $2,861.30 - No. of times: 529
- Over $25.00: $6,013.80 - No. of times: 68
X. Costs
Financial (all reasons)
- Salary: $1,507,167
- Administration (O and M): $1,477,147
- TOTAL: $2,984,314
Person year utilization (all reasons)
- Person year (decimal format): 28.75
Additional 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:
Part III – Exemptions invoked
- Subsection 16.5: ___2___
- Subsection 20(1)(b.1): ___1___
Public Works and Government Services Canada (PWGSC) did not invoke any of the exemptions noted below during the reporting period.
- paragraph 13(1)(e)
- Subsection 16.1(1)(a)
- Subsection 16.1(1)(b)
- Subsection 16.1(1)(c)
- Subsection 16.1(1)(d)
- Subsection 16.2(1)
- Subsection 16.3
- Subsection 16.4(1)(a)
- Subsection 16.4(1)(b)
- Subsection 18.1(1)(a)
- Subsection 18.1(1)(b)
- Subsection 18.1(1)(c)
- Subsection 18.1(1)(d)
- Subsection 20.1
- Subsection 20.2
- Subsection 20.4
- Subsection 22.1(1)
Part IV – Exclusions cited
Public Works and Government Services Canada (PWGSC) did not cite any of the exclusions noted below during the reporting period.
- Subsection 68.1
- Subsection 68.2(a)
- Subsection 68.2(b)