Annual Report on the Access to Information Act 2008-2009
Introduction
The Access to Information Act was proclaimed on July 1, 1983. The Act gives Canadian citizens and permanent residents a broad right of access to information contained in federal government records, subject to certain specific and limited exceptions.
As a result of the Federal Accountability Act, the Office of the Commissioner of Official Languages (The Office or OCOL) became subject to the Access to Information Act as of April 1, 2007. The Office combined the functions of access to information and of privacy under the direction of the Access to Information and Privacy (ATIP) Coordinator, a position created for this purpose.
The Office of the Commissioner of Official Languages has the mandate to take all measures to ensure that the three main objectives of the Official Languages Act are met. These objectives are:
- Equality of English and French in Parliament, the Government of Canada, the federal administration and the institutions subject to the Act;
- Preservation and development of official language communities in Canada; and,
- Equality of English and French in Canadian society.
Section 72 of the Access to Information Act requires that the head of every federal government institution submit an annual report to Parliament on the administration of the Act during the fiscal year. This report describes how the Office fulfilled its access to information responsibilities during the fiscal year 2008-2009.
Organization of Activities
In accordance with the Access to Information Act, the information gathered at the Office is used only for the purposes for which it has been obtained and is primarily of a utilitarian nature (e.g., name and address of persons who file complaints with the Commissioner under the Official Languages Act, mailing lists, compensation, leave, travel). This information, among other things, enables the Commissioner to inform those concerned of the findings of his investigations or contributes to the effective management of his organization’s human and material resources.
The responsibility for responding to access to information requests rests with the Information Management and Information Technology sector of OCOL. The Office established its internal procedures on access to information and communicated these to staff in writing, during information sessions, on a group basis, and individually.
OCOL also established a procedure to keep track of newly appointed employees and of contractors creating or making use of OCOL’s information. These individuals are invited to attend the awareness and training sessions.
The Access to Information and Privacy (ATIP) Coordinator oversees the implementation of the Access to Information Act within OCOL and ensures compliance with the legislation. The ATIP Unit receives the requests, clarifies these with the requestors as need be, and obtains the sought records from the pertinent sectors of OCOL.
Appointed Liaison Officers within each main sector of OCOL contribute to the identification and gathering of these records with local staff members. When required, estimates are also produced at this level. The ATIP Unit analyses the records produced by the sectors and seeks their input along the way. A formal review of the processed records is completed by the sectors prior to releasing these to the requestors.
Delegation of Authority
The ATIP Coordinator has the delegated authority to oversee the implementation of the Access to Information Act within OCOL, to ensure compliance with the legislation, and apply the necessary exemptions.
Statistical Report and Interpretation
The 2008-2009 statistical report of the Office on the Access to Information Act is attached to this report.
The Office received few requests under the Act during fiscal year 2008-2009. No particular trend or application of exemptions and exclusions is noted.
Education and Training Activities
In 2008-2009, staff at the Office was made aware of the Act through written communications, information sessions and advice to employees, on a group basis or individually. Specific sessions addressing Liaison Officers were delivered as needed. Also highlighted were training session given about the most used exemptions in our office.
Complaints and Investigations
Two complaints concerning the Office were lodged with the Information Commissioner during fiscal year 2008-2009. The first complaint related to the exemptions applied to withhold records and was abandoned by the requester. The second complaint related to existence of records and is carried forward into 2009-2010.
Appeals to Federal Court
No appeal concerning the Office was filed in Federal Court during fiscal year 2007-2008.
