Annual Report to Parliament on the Access to Information Act 2020 to 2021
1. Introduction
The Access to Information Act (ATIA) provides the Canadian public with a broad right of access to information in records under the control of a government institution. This is in accordance with the principles that government information should be available to the public and that necessary exceptions to the right of access should be limited and specific.
Section 72 of the ATIA requires that the Head of every federal government institution submit an annual report to Parliament on the administration of this Act over the fiscal year. The Minister of Public Safety and Emergency Preparedness has delegated the administration of the ATIA, including the reporting of the Annual Report, to the Commissioner of the Correctional Service of Canada (CSC).
This report describes how the CSC fulfilled its access to information responsibilities during the reporting period covering April 1, 2020 to March 31, 2021.
2. Organizational Structure
2.1 About Correctional Service of Canada
The purpose of the federal correctional system, as defined in law, is to contribute to the maintenance of a just, peaceful and safe society by carrying out sentences for offenders sentenced to two years or more imposed by courts. This is done through the safe and humane custody and supervision of offenders, and by assisting the rehabilitation of offenders and their safe reintegration into the community as law-abiding citizens through the provision of programs in penitentiaries and in the community (Corrections and Conditional Release Act, s.3).
CSC works closely with its Public Safety Portfolio partners, including the Royal Canadian Mounted Police (RCMP), the Parole Board of Canada (PBC), the Canada Border Services Agency (CBSA), the Canadian Security Intelligence Service (CSIS), in addition to oversight bodies including the Office of the Correctional Investigator (OCI).
2.2 The Access to Information and Privacy Division
The Access to Information and Privacy Division (ATIP) reports to the Director General of Rights, Redress and Resolution under the Policy Sector and has five units:
- Access to Information Operations
- Backlog Management
- Privacy Operations
- Policy and Governance
- Intake, Processing and Retention Unit (ATIP Administrative Team)
The Access to Information Operations team is responsible for reviewing records, conducting consultations, applying exemptions and exclusions, preparing release packages for applicants, and responding to complaints from the Office of the Information Commissioner (OIC).
The Backlog team is responsible for the backlog files and judicial reviews further to well-founded complaints from the Office of the Privacy Commissioner (OPC).
The Privacy Operations team processes formal and informal requests under the Privacy Act (PA) and responds to complaints from the OPC. The regional employees assigned to ATIP work with this team to support the fast track of files.
The Policy and Governance Unit (PGU) develops reports, policies, guidelines, tools and procedures to support ATIP requirements within CSC. The team oversees the Privacy Impact Assessment process; manages privacy breaches; reviews disciplinary, harassment, fact -finding and workplace violence reports and complex privacy requests related to investigations; responds to use and disclosure complaints; public interest disclosure releases; and provides training. The team also oversees files for requests under 8(2) of the PA, including files for litigation; dangerous offender applications and long-term supervision orders; other court purposes; and on-going investigations.
The Intake, Processing and Retention Unit (IPRU), is responsible for processing incoming requests, generating routine correspondence, tasking retrievals, ensuring quality control, preparing final release packages, responding to calls received on ATIP’s Toll Free number, and providing general support to the office.
In addition, each sector, region, institution, district, parole office and community correctional centre has an ATIP liaison who assists the national ATIP Division in administering its overall responsibilities.
During the 2020-2021 fiscal year, there were 7.75 employees dedicated to access to information activities as follows:
- 7.25 full-time employees
- .50 part-time employees
2.3 Delegation Order
The Commissioner of CSC is responsible for the administration of the ATIA and the PA. The Minister delegates this authority to members of departmental senior management, including the ATIP Division Departmental Coordinator (ATIP Director), to carry out their powers, duties and functions under the Acts, in relation to ATIP requests. Certain authorities are delegated to particular positions in the ATIP Division at National Headquarters as shown in Appendix A of this report.
2.4 Initiatives and Priorities
CSC ATIP manages many competing priorities on a daily basis, including an increasing number of requests related to legal proceedings, which are sensitive and urgent in nature, and manages a large backlog of files dating back several years.
Despite the huge challenges created by the COVID-19 pandemic, the ATIP Division continued to work on its initiatives and priorities identified in the 2019-2020 Annual Report. During this fiscal year, CSC ATIP examined its processes and continues to explore innovative ways to enhance its operations.
The following is a summary of the four main initiatives implemented and examined during 2020-2021:
(1) Fast Track Process
In December 2020, 15 additional temporary regional resources were allocated to the fast track process implemented in January 2020. Utilizing these resources, fast track teams were created to review the six low risk personal information banks - Health Care, Education and Training, Employment, Admissions and Discharge, Sentence Management and Grievances.
From December 1, 2020 to March 31, 2021, the fast track teams processed 353,537 pages which represents approximately one third of the total production in 2020-2021.
At the end of the fiscal year, nine of these temporary resources are still allocated to the fast track process.
(2) Informal Disclosure Working Group
A working group was created to examine the routine release of some personal information (i.e. health information) within the institutions. There was representation from all regions and it concluded its work in January 2021. Unfortunately, the regions also have limited capacity and have been unable to identify resources available to take on additional work at this time. Nonetheless, some efficiencies have been identified, but they are limited in terms of their impact on the ATIP Division’s workload.
(3) Process and Technological Innovation
The ATIP Division increased its licensing footprint for video/audio redacting to ensure a greater capacity to process these requests in a timely manner – our complement increased from three employees to 10. Collaboration with CSC - Information Management Team is currently underway to obtain a server, which will allow CSC ATIP to process Protected C files electronically.
(4) High Risk and Sensitive Files
In order to address an increased demand for high risk and sensitive files (complaints, judicial review applications, litigation and requests from Crown Counsels), resources were reallocated internally to dedicated teams in order to:
(i) meet all CSC court-ordered deadlines and avoid delays that can create legal risks for CSC further to on-going litigation. Others include O’Connor requests, Faint Hope applications, and human rights cases before the Canadian Human Rights Tribunal;
(ii) process privacy complaints and avoid/decrease potential judicial review applications; and
(iii) contribute to public safety by processing requests from crown attorneys for dangerous offender applications and long-term supervision orders efficiently and timely.
Addressing, the backlog requests still remains one of CSC’s top priorities, and CSC will continue to look at innovative ways to achieve results on this priority now and during the next years.
Challenges and Mitigation Strategies:
Treasury Board compliance expectations are approximately 85 percent for privacy requests. CSC’s ATIP Division has a low compliance rate in comparison – 10.5 percent for the 2020-2021 fiscal year. A number of factors have contributed to low compliance, including:
(1) A high number of historical backlog files, some dating back to 2013:
The ATIP Division is currently managing a historic backlog dating back to 2013 totaling more than 8.2 million pages at the end of the fiscal year – 7.5 million pages are privacy backlog; approximately 265,000 are access to information backlog; and the remaining 444,000 pages are backlog related to records for court purposes and investigation reports. The backlog has become compounded over many years, which is attributable to receiving approximately 2 million pages annually while only having the capacity to process 1.3 million pages.
The ATIP Division’s existing capacity can only process approximately 84,000 pages under the Access to Information Act annually. On average, it received about 133,000 pages per year during the last eight fiscal years.
(2) An exponential increase in requests for reviews of documents for court proceedings:
Over the past five years, CSC has seen an increase of approximately 2,889 percent in the volume of requests stemming from high risk and sensitive files. These are requests to support legal proceeding, including class action lawsuits, civil litigations, human rights cases, and other cases with court-imposed deadlines. In addition, there has been an increase in requests from provincial Crown Attorneys for dangerous offender applications and long-term supervision orders.
While several of these requests are not filed under the PA, given their importance to legal processes and court orders, the ATIP Division is required to prioritize them for action thereby exacerbating the existing backlog. In order to address the above-mentioned high risk and sensitive files, CSC restructured the ATIP Division in December 2020. As a result, approximately 67 percent of the team’s resources were allocated to respond to this priority area.
These files represent more than one third of the ATIP Division’s workload. During fiscal year 2020-2021, they accounted for 334,583 out of 915,872 pages closed, representing 37 percent of the total production. There is currently a backlog of 386,487 pages.
(3) Disproportionally low number of staff to respond to the demands:
While the ATIP Division currently has 51 employees dedicated to privacy activities and 7.75 dedicated to access activities, this capacity is not adequate to process a sufficient number of pages annually to both respond to incoming requests, meet court deadlines, and process the backlog. It is estimated that CSC’s ATIP Division will need to increase its capacity substantially in order to respond to the ever-increasing demands while addressing the existing backlog.
In order to respond to the above noted challenges, CSC has taken three important actions:
(i) The implementation of the fast track process.
(ii) CSC created a Class Action Management Office (CAMO) in March 2021. The CAMO is composed of a team whose exclusive mandate is to administer the files of offenders involved in the class action suit regarding administrative segregation. The CAMO will operate as an entity separate from the ATIP Division.
(iii) CSC is currently developing a Strategic Action Plan to address all issues/challenges described above. The comprehensive Strategic Action Plan will focus on four pillars: (1) Our Resources and People, (2) Our Infrastructure, (3) Our Culture and Practices, and (4) Our Results. These four pillars will identify various opportunities for additional resources leveraging partnerships with academic institutions; working with our Information Management experts in CSC, Shared Services Canada and Treasury Board Secretariat to strengthen our technological capabilities to fully digitize our ATIP processes; promote a culture of client satisfaction; and ensure accountability for timely and sustainable results.
As an interim measure, CSC is providing approximately 3.2 million dollars to address immediate needs and strengthen ATIP’s capacity to respond to its corporate obligations. A staffing action is currently underway. This will ensure new employees are mobilized to actively contribute to ATIP operations within a short timeframe. This will assist in reducing the backlog, increasing compliance rates for privacy requests, ensuring timely responses to complaints, supporting litigation response processes and improving corporate readiness and awareness.
3. Performance 2020-2021
3.1 Requests Processed Under the Access to Information Act
In 2020-2021, CSC received 483 ATIA requests, which represents an 11 percent increase from the previous year. A total of 371 requests were carried over from the previous reporting year, totaling 854 requests requiring processing in 2020-2021. CSC responded to 442 access to information requests, representing 52 percent of the total number of requests received and outstanding from the previous reporting period. Please refer to Appendix B for the Statistical Report.
3.1: Access to Information Request Workload:
This graph shows that 2016-2017, 582 requests were received, 252 were outstanding from the previous reporting period, and 508 were closed. In 2017-2018, 474 requests were received, 327 were outstanding from the previous reporting period, and 377 were closed. In 2018-2019, 452 requests were received, 403 were outstanding from the previous reporting period, and 408 were closed. In 2019-2020, 435 requests were received, 444 were outstanding from the previous reporting period, and 508 were closed. In 2020-2021, 483 requests were received, 371 were outstanding from the previous reporting period, and 442 were closed.This graph shows the total workload of access to information requests as a sum of requests received during the reporting period and requests outstanding from the previous reporting period. The line illustrates the trend of files closed. As the graph outlines, while the number of new requests has stabilized in the last two years, efficiencies continue to be implemented to address the long-standing backlog.
3.2 Disposition of Requests
Of the 442 requests completed during the 2020-2021 reporting period, 100 requests were full disclosures; 195 were partial disclosure; five were withheld in their entirety; two were transferred; no records existed for 47; 91 were abandoned by the requesters; and two were neither confirmed nor denied. In summary, 23 percent of the requests were full disclosures and 44 percent were partial disclosures. In total, 57,991 pages were processed.
3.2: Disposition of Requests
This graph shows that in the 2020-2021 reporting period, 100 requests were fully disclosed; 195 were partially disclosed; five were withheld in their entirety; two were transferred; no records existed for 47; 91 requests were abandoned by the requester; and two were neither confirmed nor denied. In summary, 23 percent of the requests were full disclosures and 44 percent were partial disclosures. In total, 57,991 pages were processed.3.3 Exemptions and Exclusions
The majority of exemptions invoked by CSC were under five sections of the ATIA:
- Subsection 19(1) was applied in 181 cases (41 percent) to protect personal information of individuals;
- Subsection 16(1) was applied in 86 cases (20 percent) to protect information relating to law enforcement and investigations;
- Subsection 20(1) was applied in 62 cases (14 percent) to protect information relating to third party information;
- Subsection 16.1(1) was applied in three cases (1 percent) to protect information relating to investigations, examinations and audits; and
- Subsection 21(1) was applied in 32 cases (7 percent) to protect information relating to operations of government.
A complete breakdown of the exemptions applied during this reporting period is as follows:
| Exemption Description | Number of Times Applied |
|---|---|
| Obtained in Confidence | 5 |
| International Affairs and Defence | 1 |
| Law Enforcement & Investigation | 108 |
| Safety of Individuals | 2 |
| Economic Interests | 5 |
| Personal Information | 181 |
| Third Party Information | 62 |
| Operations of Government (Advice) | 32 |
| Testing Procedures | 1 |
| Solicitor-Client Privilege | 21 |
| Refusal of access | 1 |
| Published information | 7 |
| Cabinet Confidences | 11 |
| Total | 437 |
3.4 Extensions
A total of 121 extensions were required during this reporting period. This represents an increase in extensions in comparison to the previous fiscal year. As requests get more voluminous, complex, and require an increased amount of programming time when asking for statistics, the need for dedicated search time is subsequently increased.
3.5 Completion Time
During the reporting period, CSC completed 59 requests in less than 30 days; 102 between 31 and 60 days; 102 requests between 61 and 120 days; 42 requests between 121 and 180 days; and 137 requests completed in over 180 days.
3.5: Completion Time
During the reporting period, CSC completed 13 percent of requests in less than 30 days; 23 percent of requests in 31 to 60 days; 23 percent of requests in 61 to 120 days; ten percent of requests in 121 to 180 days; and 31 percent of requests were completed in over 180 days.3.6 Deemed Refusals
During this fiscal year, there was a decrease in the number of requests deemed as refusal – 55 percent of the requests (242) were closed beyond the legislated timeline, a 17 percent decrease from 2019-2020. This can be attributed to the approval process being completed in a timely manner and placing a focus on clarification of requests to reduce scopes and better assist requesters.
3.6: Deemed Refusals
This graph shows that in 2016-2017, 173 requests were deemed refused, 508 were closed, and 34 percent of the closed requests were deemed refused. In 2017-2018, 155 requests were deemed refused, 377 were closed, and 41 percent of the closed requests were deemed refused. In 2018-2019, 214 requests were deemed refused, 408 were closed, and 52 percent of the closed requests were deemed refused. In 2019-2020, 368 requests were deemed refused, 508 were closed, and 72 percent of the closed requests were deemed refused. In 2020-2021, 242 requests were deemed refused, 442 were closed, and 55 percent of the closed requests were deemed refused.3.7 Informal Requests
During the reporting period, 162 informal requests were received. A total of 702 requests were carried over from the previous reporting year, totaling 864 informal requests requiring processing in 2020-2021. These include the review of audit and evaluation reports, lists of briefing notes, and requests for previously released access to information packages. A total of 55 informal requests were closed during 2020-2021.
3.8 Consultations from Other Institutions and Organizations
The ATIP Division’s workload involves responding to consultations in response to formal requests received by other institutions and organizations. CSC works closely with its partners under the Public Safety portfolio such as CBSA, RCMP, CSIS and PBC in an effort to respond to consultations in a timely fashion. CSC is consulted on such subjects as court cases, offender grievances, OCI matters, offender files, and deported individuals.
During the 2020-2021 reporting period, the ATIP Division received a total of 56 consultations from other institutions and organizations.
3.9 COVID-19 Measures and Mitigation Strategies
At the outset of the pandemic, CSC ATIP had some challenges to overcome, including:
- The ability to work remotely as most employees did not have laptops;
- Accepting new requests and correspondence from requesters and stakeholders, including being able to respond by regular mail was halted because on-site work was not permitted;
- Communication by telephone due to lack of cellular reception/service;
- The ability to process videos and records at the Protected C level (and higher) as these are only available in hard copy format;
- Limited access to the Virtual Private Network (VPN) requiring employees to import requests to their desktops in PDF format making it extremely challenging and time- consuming to identify information requiring protection, and then transfer those redactions into the AccessPro database when the VPN was available;
- Offices of Primary Interest (OPIs) performing frontline services could not respond to retrieval requests; and
- Third party consultations were limited because they were not always operational.
However, CSC ATIP quickly implemented mitigation strategies, including:
- Providing all employees with laptops;
- A staggered onsite shift for a minimum number of administrative employees for the purposes of addressing incoming and outgoing mail;
- Employees were provided with mobile phones so they could have immediate contact with their respective teams, stakeholders and requesters;
- The ATIP Division received its own teleconference number, providing teams with the ability to teleconference with their colleagues;
- Permission was granted to retrieve hard copy Protected C and secret files from the office for remote work;
- CSC increased its VPN licenses;
- Record retrieval to frontline OPIs was prioritized and restricted to only the highest priority requests. With time, and as the frontline OPIs adjusted, record retrieval resumed in full;
- Third parties were contacted in advance to ensure they were prepared to respond to consultations prior to the consultation being sent;
- E-post was adopted as an alternative to regular mail where possible; and
- Digital signatures were implemented.
4. Access to Information Fees for the Purposes of the Services Fees Act
The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.
With respect to fees collected under the ATIA, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.
- Enabling authority: ATIA
- Fee amount: $1,890
- Total revenue: $1,595
- Fees waived: $295 (In accordance with the Interim Directive on the Administration of the Access to Information Act, issued on May 5, 2016, CSC waives all fees prescribed by the Act and Regulations, other than the $5 application fee set out in paragraph 7(1)(a) of the Regulations.)
- Cost of operating the program: $865,148
5. Training and Awareness
The PGU plays a fundamental role in developing and delivering training to employees at National Headquarters (NHQ), Regional Headquarters and at the institutional level across Canada, as well as the ATIP staff, on ATIP related matters.
During this fiscal year, the ATIP Division offered less training and awareness sessions compared to previous years. This is due to challenges presented by the pandemic, the massive backlog and related heavy workload, the lack of seasoned team leaders and the increasing urgent and competing priorities.
In total, three training sessions were delivered this reporting period – one session was delivered at NHQ – 23 employees received training. An additional two training sessions were delivered by the Regional ATIP Liaisons in the regions, comprising of 38 employees.
PGU continues to provide advice and answers questions and concerns regarding training, policy and guidelines, and interpretations of the Acts through its generic email account. Through the use of these email accounts, CSC staff is provided with a single point of contact to increase their knowledge of the ATIP legislation.
6. Policies, Guidelines and Procedures
Over the past year, the ATIP Division has continued to update internal guidelines and procedures as required, including:
- Streamlining operating procedures.
- Updating internal procedures for clarifying requests, which resulted in more targeted requests where possible.
- Statistical reporting in response to ATIA requests to ensure accuracy and improved coordination.
As a result of Bill C-58: An Act to amend the Access to Information and Privacy Acts, receiving Royal Assent on June 21, 2019, the ATIP Division continues to work closely with Parliamentary Relations and other stakeholders on proactive publications. Twenty-two requests for proactive publication were processed this fiscal year.
7. Complaints, Compliance Investigations and Audits
At the end of this reporting period, CSC received a total of 95 complaints with a total of 44 findings issued, an increase in the number of complaints received during the last fiscal year (62 complaints in 2019-2020). At the end of fiscal year 2020-2021, there were 136 active complaints.
The majority of access complaints received during this reporting period are related to denial of access due to no record responses and delay/time limit complaints.
As a result of OIC’s investigations, recommendations, and the number of access complaints received (and carried over), CSC’s ATIP Division undertook several strategic measures. For example:
- ATIP continues to prioritize providing timely responses. The Division remains focused on building its human resource component and dedicating staff to lessening the backlog.
- ATIP has monthly meetings with the OIC to discuss priority files and resolve issues prior to the section 37 findings and recommendations.
- The ATIP Division has continued to use a divisional complaints coordinator in order to work closely with the OIC to respond to formal complaints and queries using a single point of contact.
There were no audits or compliance investigations undertaken during this fiscal year.
8. Monitoring Compliance
The ATIP Division runs reports from AccessPro Case Management on a regular basis in order to manage its workload with the ultimate goal of meeting legislated timeframes. A report created to monitor the outstanding complaints with the OIC , is also provided to the ATIP Director on a bi-weekly basis.
CSC ATIP produces a monthly report for senior management that outlines various outputs, including the number of requests which have been received, closed and are still outstanding. This report is shared with the Director General, Rights, Redress and Resolution and the Assistant Commissioner, Policy.
In addition to the reports, the IPRU actively monitors and triages the incoming requests, regularly reporting to senior management any requirement to reassess priorities and redistribute workload to improve performance.
9. Federal Court
The ATIP Division received three Notices of Application for Judicial Review in this reporting period.
Appendix A - Delegation Order
Delegation Order – Access to Information Act and Access to Information Regulations Correctional Service Canada
The Minister of Public Safety and Emergency Preparedness, pursuant to section 73 of the Access to Information Act, hereby designates the persons holding the positions set out in the schedule hereto to exercise the powers and perform the duties and functions of the Minister as the head of a government institution, that is, the Correctional Service of Canada, under the sections of the Act set out in the schedule opposite each position. This designation replaces all previous delegation orders
| Section Article | Action | Commissioner | Senior Deputy Commissioner | Assistant Commissioner, Policy | Director, ATIP | Deputy Director, ATIP | Team Leaders, ATIP & Senior Policy Advisor | Regional Deputy Commissioners | Wardens & District Directors | Regional Administrators, Communications and Executive Services |
|---|---|---|---|---|---|---|---|---|---|---|
| 4(2.1) | Responsibility of head of institution | • | • | • | • | • | • | |||
| 7(a) | Notice where access requested | • | • | • | • | • | • | |||
| 7(b) | Giving access to a record | • | • | • | • | • | • | |||
| 8(1) | Transfer to – transfer from institution | • | • | • | • | • | • | |||
| 9 | Extension of time limits | • | • | • | • | • | • | |||
| 11(2)(3)(4)(5)(6) | Additional fees | • | • | • | • | • | • | |||
| 12(2)(b) | Language of access | • | • | • | • | • | • | |||
| 12(3)(b) | Access in Alternative format | • | • | • | • | • | • | |||
| 13 | Exemption - Information obtained in Confidence | • | • | • | • | • | • | |||
| 14 | Exemption - Federal-Provincial Affairs | • | • | • | • | • | • | |||
| 15 | Exemption - International affairs and defence | • | • | • | • | • | • | |||
| 16 | Exemption - Law enforcement and investigation | • | • | • | • | • | • | |||
| 16.5 | Exemption - Public Servants Disclosure Protection Act | • | • | • | • | • | • | |||
| 17 | Exemption - Safety of individuals | • | • | • | • | • | • | |||
| 18 | Exemption - Economic Interests of Canada | • | • | • | • | • | • | |||
| 18.1 | Exemption - Economic interest of certain government institutions | • | • | • | • | • | • | |||
| 19 | Exemption - Personal Information | • | • | • | • | • | • | |||
| 20 | Exemption - Third party information | • | • | • | • | • | • | |||
| 21 | Exemption - Operations of Government | • | • | • | • | • | • | |||
| 22 | Exemption - Testing procedures | • | • | • | • | • | • | |||
| 22.1 | Exemption - Internal Audits | • | • | • | • | • | • | |||
| 23 | Exemption - Solicitor/Client Privilege | • | • | • | • | • | • | |||
| 24 | Exemption - Statutory prohibitions | • | • | • | • | • | • | |||
| 25 | Severability | • | • | • | • | • | • | |||
| 26 | Refusal of access where information is to be published | • | • | • | • | • | • | |||
| 27(1)(4) | Third party notification | • | • | • | • | • | • | |||
| 28(1)(b), (2)(4) | Third party notification | • | • | • | • | • | • | |||
| 29(1) | Disclosure on recommendation of Information Commissioner | • | • | • | • | • | • | |||
| 33 | Advise Information Commissioner of third party involvement | • | • | • | • | • | • | |||
| 35(2)(b) | Right to make representations | • | • | • | • | • | • | |||
| 37(4) | Access to be given to complainant | • | • | • | • | • | • | |||
| 43(1) | Notice to third party of application to Federal Court for review | • | • | • | • | • | ||||
| 44(2) | Notice to requester of application for review by third party | • | • | • | • | • | ||||
| 52(2)(b), 52(3) | Special rules for hearings | • | • | • | • | • | ||||
| 69 | Confidences of the Queen’s Privy Council for Canada | • | • | • | • | • | • | |||
| 71(1) | Facilities for inspection of manuals | • | • | • | • | • | • | |||
| 72 | Annual Report to Parliament | • | • | |||||||
| Access Regulations | ||||||||||
| 6(1) | Transfer of request | • | • | • | ||||||
| 7(2) | Search and preparation fees | • | • | • | ||||||
| 8 | Method of access | • | • | • | ||||||
| 8.1 | Limitations in respect of format | • | • | • | ||||||
|
Dated, at the City of Ottawa, this 21th day of June, 2016 ________________________________________________________________ Minister of Public Safety and Emergency Preparedness |
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Appendix B - Access to Information Act Statistical Report
Statistical Report on the Access to Information Act
Name of institution: Correctional Service Canada
Reporting period: 2020-04-01 to 2021-03-31
Section 1: Requests Under the Access to Information Act
1.1 Number of requests
| Type of request | Number of Requests |
|---|---|
| Received during reporting period | 483 |
| Outstanding from previous reporting period | 371 |
| Total | 854 |
| Closed during reporting period | 442 |
| Carried over to next reporting period | 412 |
1.2 Sources of requests
| Source | Number of Requests |
|---|---|
| Media | 29 |
| Academia | 100 |
| Business (private sector) | 19 |
| Organization | 65 |
| Public | 263 |
| Decline to Identify | 7 |
| Total | 483 |
1.3 Informal requests
| Completion Time | |||||||
|---|---|---|---|---|---|---|---|
| 1 to 15 Days | 16 to 30 Days | 31 to 60 Days | 61 to 120 Days | 121 to 180 Days | 181 to 365 Days | More Than 365 Days | Total |
| 17 | 4 | 5 | 10 | 4 | 1 | 14 | 55 |
Note: All requests previously recorded as “treated informally” will now be accounted for in this section only.
Section 2: Decline to act vexatious, made in bad faith or abuse of right requests
| Type | Number of Requests |
|---|---|
| Outstanding from previous reporting period | 0 |
| Sent during reporting period | 0 |
| Total | 0 |
| Approved by the Information Commissioner during reporting period | 0 |
| Declined by the Information Commissioner during reporting period | 0 |
| Carried over to next reporting period | 0 |
Section 3: Requests Closed During the Reporting Period
3.1 Disposition and completion time
| Disposition | Number of Requests | |||||||
|---|---|---|---|---|---|---|---|---|
| Completion time 1 to 15 Days |
Completion time 16 to 30 Days |
Completion time 31 to 60 Days |
Completion time 61 to 120 Days |
Completion time 121 to 180 Days |
Completion time 181 to 365 Days |
Completion time More Than 365 Days |
Completion time Total |
|
| All disclosed | 0 | 19 | 25 | 30 | 6 | 6 | 14 | 100 |
| Disclosed in part | 0 | 12 | 37 | 36 | 21 | 31 | 58 | 195 |
| All exempted | 0 | 0 | 1 | 3 | 0 | 0 | 0 | 4 |
| All excluded | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 |
| No records exist | 2 | 10 | 21 | 8 | 1 | 3 | 2 | 47 |
| Request transferred | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 2 |
| Request abandoned | 2 | 13 | 16 | 24 | 14 | 7 | 15 | 91 |
| Neither confirmed nor denied | 0 | 0 | 2 | 0 | 0 | 0 | 0 | 2 |
| Decline to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 5 | 54 | 102 | 102 | 42 | 48 | 89 | 442 |
3.2 Exemptions
| Section | Number of Requests | Section | Number of Requests | Section | Number of Requests |
|---|---|---|---|---|---|
| 13(1)(a) | 0 | 16(2) | 0 | 20(1)(b) | 32 |
| 13(1)(b) | 0 | 16(2)(a) | 4 | 20(1)(b.1) | 0 |
| 13(1)(c) | 3 | 16(2)(b) | 3 | 20(1)(c) | 21 |
| 13(1)(d) | 2 | 16(2)(c) | 11 | 20(1)(d) | 8 |
| 13(1)(e) | 0 | 16(3) | 0 | 20.1 | 0 |
| 14 | 0 | 16.1(1)(a) | 0 | 20.2 | 0 |
| 14(a) | 0 | 16.1(1)(b) | 0 | 20.4 | 0 |
| 14(b) | 0 | 16.1(1)(c) | 1 | 21(1)(a) | 12 |
| 15(1) | 0 | 16.1(1)(d) | 2 | 21(1)(b) | 14 |
| 15(1) - I.A.* | 0 | 16.2(1) | 0 | 21(1)(c) | 3 |
| 15(1) - Def.* | 0 | 16.3 | 1 | 21(1)(d) | 3 |
| 15(1) - S.A.* | 1 | 16.31 | 0 | 22 | 1 |
| 16(1)(a)(i) | 7 | 16.4(1)(a) | 0 | 22.1(1) | 0 |
| 16(1)(a)(ii) | 1 | 16.4(1)(b) | 0 | 23 | 21 |
| 16(1)(a)(iii) | 0 | 16.5 | 0 | 23(1) | 0 |
| 16(1)(b) | 3 | 16.6 | 0 | 24(1) | 0 |
| 16(1)(c) | 15 | 17 | 2 | 26 | 1 |
| 16(1)(d) | 60 | 18(a) | 1 | ||
| 16(2) | 0 | 18(b) | 1 | ||
| 16(2)(a) | 4 | 18(c) | 0 | ||
| 16(2)(b) | 3 | 18(d) | 3 | ||
| 16(2)(c) | 11 | 18.1(1)(a) | 0 | ||
| 16(3) | 0 | 18.1(1)(b) | 0 | ||
| 16.1(1)(a) | 0 | 18.1(1)(c) | 0 | ||
| 16.1(1)(b) | 0 | 18.1(1)(d) | 0 | ||
| 16.1(1)(c) | 1 | 19(1) | 181 | ||
| 16.1(1)(D) | 2 | 20(1)(a) | 1 |
*I.A.: International Affairs
Def.: Defence of Canada
S.A.: Subversive Activities
3.3 Exclusions
| Section | Number of Requests | Section | Number of Requests | Section | Number of Requests |
|---|---|---|---|---|---|
| 68(a) | 7 | 69(1) | 0 | 69(1)(g) re (a) | 4 |
| 68(b) | 0 | 69(1)(a) | 1 | 69(1)(g) re (b) | 2 |
| 68(c) | 0 | 69(1)(b) | 2 | 69(1)(g) re (c) | 0 |
| 68.1 | 0 | 69(1)(c) | 0 | 69(1)(g) re (d) | 1 |
| 68.2(a) | 0 | 69(1)(d) | 1 | 69(1)(g) re (e) | 0 |
| 68.2(b) | 0 | 69(1)(e) | 0 | 69(1)(g) re (f) | 0 |
| 69(1)(f) | 0 | 69.1(1) | 0 |
3.4 Format of information released
| Paper | Electronic | Other |
|---|---|---|
| 109 | 186 | 0 |
3.5 Complexity
3.5.1 Relevant pages processed and disclosed
| Number of Pages Processed |
Number of Pages Disclosed |
Number of Requests |
|---|---|---|
| 57991 | 40920 | 393 |
3.5.2 Relevant pages processed and disclosed by size of requests
| Disposition | Less Than 100 Pages Processed | 101-500 Pages Processed | 501-1000 Pages Processed | 1001-5000 Pages Processed | More Than 5000 Pages Processed | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | |
| All disclosed | 80 | 930 | 16 | 3612 | 2 | 713 | 2 | 2642 | 0 | 0 |
| Disclosed in part | 109 | 3337 | 59 | 11494 | 18 | 7074 | 9 | 10711 | 0 | 0 |
| All exempted | 4 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 89 | 135 | 2 | 272 | 0 | 0 | 0 | 0 | 0 | 0 |
| Neither confirmed nor denied | 0 | 0 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Declined to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 283 | 4402 | 79 | 15378 | 20 | 7787 | 11 | 13353 | 0 | 0 |
3.5.3 Other complexities
| Disposition | Consultation Required | Assessment of Fees | Legal Advice Sought | Other | Total |
|---|---|---|---|---|---|
| All disclosed | 10 | 0 | 0 | 1 | 11 |
| Disclosed in part | 41 | 0 | 0 | 0 | 41 |
| All exempted | 1 | 0 | 0 | 0 | 1 |
| All excluded | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 1 | 0 | 0 | 0 | 1 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 |
| Declined to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 | 0 |
| Total | 53 | 0 | 0 | 1 | 54 |
3.6 Closed requests
3.6.1 Number of requests closed within legislated timelines
Number of requests closed within legislated timelines: 200
Percentage of requests closed within legislated timelines (%): 45.2
3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
| Number of Requests Closed Past the Legislated Timelines | Principal Reason: Interference with Operations / Workload | Principal Reason: External Consultation | Principal Reason: Internal Consultation | Principal Reason: Other |
|---|---|---|---|---|
| 242 | 238 | 4 | 0 | 0 |
3.7.2 Requests closed beyond legislated timelines (including any extension taken)
| Number of Days Past Legislated Timelines |
Number of Requests Past Legislated Timeline Where No Extension Was Taken | Number of Requests Past Legislated Timeline Where An Extension Was Taken | Total |
|---|---|---|---|
| 1 to 15 days | 34 | 9 | 43 |
| 16 to 30 days | 13 | 1 | 14 |
| 31 to 60 days | 24 | 5 | 29 |
| 61 to 120 days | 29 | 0 | 29 |
| 121 to 180 days | 20 | 1 | 21 |
| 181 to 365 days | 32 | 0 | 32 |
| More than 365 days | 57 | 17 | 74 |
| Total | 209 | 33 | 242 |
3.8 Requests for translation
| Translation Requests | Accepted | Refused | Total |
|---|---|---|---|
| English to French | 0 | 0 | 0 |
| French to English | 0 | 0 | 0 |
| Total | 0 | 0 | 0 |
Section 4: Extensions
4.1 Reasons for extensions and disposition of requests
| Disposition of Requests Where an Extension Was Taken | 9(1)(a) Interference With Operations |
9(1)(b) Consultation |
9(1)(c) Third-Party Notice |
|
|---|---|---|---|---|
| Section 69 | Other | |||
| All disclosed | 18 | 0 | 5 | 0 |
| Disclosed in part | 46 | 0 | 32 | 3 |
| All exempted | 0 | 0 | 1 | 0 |
| All excluded | 0 | 0 | 0 | 0 |
| No records exist | 0 | 0 | 4 | 0 |
| Request abandoned | 3 | 0 | 0 | 0 |
| Decline to act with the approval of the Information Commisioner | 0 | 0 | 0 | 0 |
| Total | 76 | 0 | 42 | 3 |
4.2 Length of Extensions
| Length of Extensions | 9(1)(a) Interference With Operations |
9(1)(b) Consultation |
9(1)(c) Third-Party Notice |
|
|---|---|---|---|---|
| Section 69 | Other | |||
| 30 days or less | 37 | 0 | 32 | 1 |
| 31 to 60 days | 27 | 0 | 5 | 2 |
| 61 to 120 days | 5 | 0 | 4 | 0 |
| 121 to 180 days | 7 | 0 | 0 | 0 |
| 181 to 365 days | 0 | 0 | 0 | 0 |
| 365 days or more | 0 | 0 | 1 | 0 |
| Total | 76 | 0 | 42 | 3 |
Section 5: Fees
| Fee Type | Fee Collected | Fee Waived of Refunded | ||
|---|---|---|---|---|
| Requests | Amount | Requests | Amount | |
| Application | 378 | $1,890 | 59 | $295 |
| Other fees | 0 | $0 | 0 | $0 |
| Total | 378 | $1,890 | 59 | $295 |
Section 6: Consultations Received From Other Institutions and Organizations
6.1 Consultations received from other Government of Canada institutions and organizations
| Consultations | Other Government of Canada Institutions | Number of Pages to Review | Other Organizations | Number of Pages to Review |
|---|---|---|---|---|
| Received during reporting period | 52 | 2329 | 4 | 103 |
| Outstanding from the previous reporting period | 10 | 509 | 0 | 0 |
| Total | 62 | 2838 | 4 | 103 |
| Closed during the reporting period | 54 | 1862 | 4 | 103 |
| Carried over to next reporting period | 8 | 976 | 0 | 0 |
6.2 Recommendations and completion time for consultations received from other Government of Canada institutions
| Recommendation | Number of Days Required to Complete Consultation Requests | |||||||
|---|---|---|---|---|---|---|---|---|
| 1 to 15 Days | 16 to 30 Days | 31 to 60 Days | 61 to 120 Days | 121 to 180 Days | 181 to 365 Days | More Than 365 Days | Total | |
| Disclose entirely | 14 | 15 | 14 | 3 | 0 | 0 | 0 | 46 |
| Disclose in part | 1 | 0 | 3 | 3 | 0 | 0 | 0 | 7 |
| Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Other | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 1 |
| Total | 15 | 15 | 17 | 7 | 0 | 0 | 0 | 54 |
6.3 Recommendations and completion time for consultations received from other organizations
| Recommendation | Number of Days Required to Complete Consultation Requests | |||||||
|---|---|---|---|---|---|---|---|---|
| 1 to 15 Days | 16 to 30 Days | 31 to 60 Days | 61 to 120 Days | 121 to 180 Days | 181 to 365 Days | More Than 365 Days | Total | |
| Disclose entirely | 0 | 2 | 1 | 0 | 0 | 0 | 0 | 3 |
| Disclose in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exempt entirely | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 |
| Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 0 | 3 | 1 | 0 | 0 | 0 | 0 | 4 |
Section 7: Completion Time of Consultations on Cabinet Confidences
7.1 Requests with Legal Services
| Number of Days | Fewer Than 100 Pages Processed | 101‒500 Pages Processed | 501-1000 Pages Processed | 1001-5000 Pages Processed | More Than 5000 Pages Processed | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | |
| 1 to 15 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 16 to 30 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 31 to 60 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 61 to 120 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 121 to 180 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 181 to 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| More than 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
7.2 Requests with Privy Council Office
| Number of Days | Fewer Than 100 Pages Processed | 101‒500 Pages Processed | 501-1000 Pages Processed | 1001-5000 Pages Processed | More Than 5000 Pages Processed | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | |
| 1 to 15 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 16 to 30 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 31 to 60 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 61 to 120 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 121 to 180 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 181 to 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| More than 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 |
Section 8: Complaints and investigations
| Section 32 Notice of intention to investigate |
Subsection 30(5) Ceased to investigate |
Section 35 Formal representations |
Section 37 Reports of finding received |
Section 37 Reports of finding containing recommendations issued by the Information Commissioner |
Section 37 Reports of finding containing orders issued by the Information Commissioner |
|---|---|---|---|---|---|
| 95 | 0 | 2 | 13 | 1 | 0 |
Section 9: Court Action
9.1 Court actions on complaints received before June 21, 2019 and on-going
| Section 41 (before June 21, 2019) |
Section 42 | Section 44 |
|---|---|---|
| 2 | 0 | 0 |
9.2 Court actions on complaints received after June 21, 2019
Section 41 (after June 21, 2019)
| Complainant (1) | Institution (2) | Third Party (3) | Privacy Commissioner (4) | Total |
|---|---|---|---|---|
| 1 | 0 | 0 | 0 | 1 |
Section 10: Resources Related to the Access to Information Act
10.1 Costs
| Expenditures | MAmount | |
|---|---|---|
| Salaries | $850,360 | |
| Overtime | $10,964 | |
| Goods and Services | $3,824 | |
|
$0 | |
|
$3,824 | |
| Total | $865,148 | |
10.2 Human Resources
| Resources | Person Years Dedicated to Access to Information Activities |
|---|---|
| Full-time employees | 7.250 |
| Part-time and casual employees | 0.500 |
| Regional staff | 0.000 |
| Consultants and agency personnel | 0.000 |
| Students | 0.000 |
| Total | 7.750 |
Note: Enter values to three decimal places.
Appendix C - 2020-2021 Supplemental Statistical Report on the Access to Information Act and Privacy Act
Statistical Report on the Access to Information Act
Name of institution: Correctional Service Canada
Reporting period: 2020-04-01 to 2021-03-31
Section 1: Capacity to Receive Requests
Enter the number of weeks your institution was able to receive ATIP requests through the different channels.
| Type of request | Number of Requests |
|---|---|
| Able to receive requests by mail | 47 |
| Able to receive requests by email | 52 |
| Able to receive requests through the digital request service | 0 |
Section 2: Capacity to Process Records
2.1 Enter the number of weeks your institution was able to process paper records in different classification levels.
| Type of records | No capacity | Partial capacity | Full capacity | Total |
|---|---|---|---|---|
| Unclassified Paper Records | 0 | 0 | 52 | 52 |
| Protected B Paper Records | 0 | 0 | 52 | 52 |
| Secret and Top Secret Paper Records | 0 | 52 | 0 | 52 |
2.2 Enter the number of weeks your institution was able to process electronic records in different classification levels.
| Type of records | No capacity | Partial capacity | Full capacity | Total |
|---|---|---|---|---|
| Unclassified Electronic Records | 0 | 52 | 0 | 52 |
| Protected B Electronic Records | 0 | 52 | 0 | 52 |
| Secret and Top Secret Electronic Records | 52 | 0 | 0 | 52 |
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