Annual Report on the Administration of the Access to Information Act 2015-2016
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On this page
- Executive summary
- 1.0 Introduction
- 2.0 Access to Information at ESDC
- 3.0 Access to Information Delegation Order
- 4.0 Summary of Key Data
- 5.0 Training and awareness activities
- 6.0 New or revised policies, guidelines and procedures
- 7.0 Complaints, investigations and court action
- 8.0 Timeframe monitoring at ESDC
- Annex A: Delegation order
- Annex B: Statistical report on the Access to Information Act
Executive summary
Employment and Social Development Canada (ESDC) is responsible for a range of programs and services that support Canadians throughout their lives—from school to work, from one job to another, from unemployment to employment and from the workforce to retirement.
The mission of ESDC, which includes the Labour Program and Service Canada, is to build a stronger, more competitive Canada, support Canadians in making choices that help them live productive and rewarding lives, and improve Canadians’ quality of life. It delivers programs and services directly to Canadians at over 615 points of service across Canada. ESDC serves the needs of millions of Canadians through multi-channel access points such as in-person services, on the Internet through web-based services and information, and via telephone through its network of call centres. With over 81.5 million annual visits to Service Canada’s website, Canadians are making a choice to interact with ESDC online.
The Access to Information Act (ATIA) and the Privacy Act establish legal rights for Canadian citizens and permanent residents to request and receive access to information in records held by the Government, while protecting the security and confidentiality of sensitive and personal information. Given the nature of services that ESDC provides, the Department receives a high number of access to information requests.
In the last few years, the Department has seen a substantial increase in the number of requests received, the number of pages reviewed and the complexity of requests received. In 2015–16, ESDC:
- received 1,572 formal requests under the ATIA and completed 1,439, an increase of over 35% from the previous year; and
- reviewed over 250,000 pages, a significant increase and an upward trend that has been observed for some time—moving from just over 100,000 in 2013–14 to about 140,000 in 2014-15. It is important to note that the volume of pages reviewed increases the complexity of the application of required exemptions and exclusions.
Despite this increase in volumes, the Department completed 82% of requests within legislated timeframes.
ESDC strongly believes in the right of access to government records in a timely manner, within the legislative provisions of the ATIA, and is always looking at ways to improve its performance. In 2015–16, the Department implemented its Access to Information Business Process Redesign (BPR). Although the BPR has led to greater efficiencies, improvements are ongoing. Additionally, in 2015–16 an internal audit to the access to information process was undertaken. Findings will be an opportunity to further improve access to information and privacy (ATIP) business processes.
Moving forward, the Department will continue to seek ways to educate, increase knowledge of and raise awareness about access to information and privacy. It will also seek opportunities to look at initiatives such as Open Government and Open Information to modernize its access to information practices and look at ways to make high-demand areas for information available more proactively.
1.0 Introduction
The Department of Employment and Social Development is pleased to present to Parliament its annual report on the administration of the Access to Information Act (ATIA) for the fiscal year 2015–16.
1.1 About the Access to Information Act
The purpose of the ATIA is to provide Canadian citizens and permanent residents with a right of access to information in records under the control of a government institution, subject to limited and specific exemptions and exclusions.
1.2 Section 72 requirement in the ATIA to report
Section 72 of the ATIA requires the head of every federal government institution to submit an annual report to Parliament on the administration of the Act following the close of each fiscal year. This report describes how ESDC fulfilled its access to information responsibilities during fiscal year 2015–16.
1.3 About Employment and Social Development Canada
The mission of Employment and Social Development Canada (ESDC), including the Labour Program and Service Canada, is to build a stronger and more competitive Canada, to support Canadians in making choices that help them live productive and rewarding lives, and to improve Canadians’ quality of life.
ESDC is one of the largest and most geographically distributed federal departments in the Government of Canada. Citizens and clients interact with ESDC on a daily basis through over 615 points of service across Canada. Each year, ESDC provides approximately $110 billion in benefits and payments to individuals, and supports millions of Canadians though its many programs and services. In 2015–16, this included:
- 81.5 million visits to the Service Canada website;
- 8.1 million in-person visits to Service Canada Centres;
- 1.9 million calls answered by 1 800 O-Canada agents;
- 4.7 million passports issued;
- 2.78 million Employment Insurance claims, 61.3 million Canada Pension Plan and 2.6 million Old Age Security applications processed;
- $2.74 billion withdrawn from Registered Education Savings Plans by students to help fund their post-secondary education; and
- 94% of labour disputes settled as part of the collective bargaining process.
ESDC delivers a range of programs and services that affect Canadians throughout their lives. The Department provides seniors with basic income security, supports unemployed workers, helps students finance their post-secondary education and assists parents who are raising young children. The Labour Program is responsible for labour laws and policies in federally regulated workplaces. Service Canada helps citizens access ESDC’s programs, as well as other Government of Canada programs and services.
1.4 Our ministers
The activities of ESDC are governed by federal legislation and reflected in the mandates of its three ministers:
- the Honourable Jean-Yves Duclos, Minister of Employment and Social Development, styled as Minister of Families, Children and Social Development;
- the Honourable Mary-Ann Mihychuk, Minister of Labour, styled as Minister of Employment, Workforce Development and Labour; and
- the Honourable Carla Qualtrough, Minister of Sport and Persons with Disabilities.
The Honourable Jean-Yves Duclos is the Minister responsible for the purposes of the Department of Employment and Social Development Act.
2.0 Access to Information at ESDC
2.1 Corporate Secretary and Chief Privacy Officer
The Corporate Secretary who also serves as ESDC’s Chief Privacy Officer is responsible for the administration of the ATIA at ESDC and is supported in that function by a Director of Access to Information and Privacy (ATIP) Operations who is also the Department’s designated ATIP Coordinator. The Chief Privacy Officer’s role is described in more detail in the Department’s Annual Report on the Administration of the Privacy Act.
Organizational chart – Text description
This organizational chart displays a hierarchy beginning with the Corporate Secretary and Chief Privacy Officer of ESDC at the top. To the bottom, a dotted line leads to the Regional Operations that include Access to Information and Privacy Managers. Directly below the Chief Privacy Officer are two branches which lead respectively to the Privacy Management Division and to the Access to Information and Privacy Operations Division.
Under the first of these two branches are two further branches. One represents Privacy Compliance and Review Unit while the other represents the Policy, Planning and Coordination Unit. Under the second branch are the Request Processing Unit and the Incident Management and Legislative Disclosures Unit.
Note: More information about the privacy function at ESDC can be found in the Annual Report on the Administration of the Privacy Act 2015–16.
2.2 Access to Information and Privacy Operations Division
The Access to Information and Privacy Operations Division (ATIP Ops) carries out the Department’s legislated requirements under the ATIA, the Privacy Act and parts of the Department of Employment and Social Development Act. ATIP Ops leads and advises on the processing of all requests under the ATIA by managing requests for access to information in records in the control of ESDC, and is supported by program Liaison Officers (LOs) and Regional Access to Information and Privacy Managers. This work involves responding to requests from the public, performing a line-by-line review of records requested under the ATIA and the Privacy Act, as well as delivering training and awareness programs to employees with respect to the administration of the Acts. A great deal of the information in the control of the Department contains personal information about individuals and must be withheld under mandatory exemptions of the Act unless specified conditions are met.
The administration of the ATIA at ESDC is a collaborative effort between ATIP Ops at Headquarters and the Department’s network of LOs in the branches and Regional ATIP Managers across Canada, who facilitate the work by providing assistance in request processing, including undertaking searches, collecting records and making recommendations. The LOs also play a liaison role between ATIP analysts and subject matter experts.
Additionally, ATIP Ops is responsible for determining when incidents involving personal information constitute privacy breaches, responding to legal instruments, public interest disclosures and privacy complaints not related to the processing of Privacy Act requests. It also liaises with the Office of the Information Commissioner and the Office of the Privacy Commissioner regarding complaints received against the Department.
In 2015–16, resources dedicated to the ATI processing functions consisted of a team of about 16 employees (the number of employees fluctuated throughout the year). This includes a manager, ATIP officers and an Intake Unit. ESDC also has a network of ATI Liaison Officers within all program areas that are responsible for searching and retrieving relevant records. These resources are not included in this total.
2.3 Regional operations
The Department has a network of LOs in the branches as well as Regional ATIP Managers who facilitate the work by providing expert Access to Information Act and Privacy Act advice and guidance directly to program areas within the regions, in consultation with ATIP Ops.
3.0 Access to Information Delegation Order
Section 73 of the Access to Information Act and section 11 of the Department of Employment and Social Development Act empower the head of the institution to delegate any of the powers, duties or functions assigned to him or her by those Acts to employees of the institution. The Delegation Order found in Annex A outlines the delegations that were in effect as of June 3, 2015.
The Delegation Order can be found in Annex A.
4.0 Summary of Key Data
The Statistical Report on the Access to Information Act for 2015–16 can be found in Annex B.
During the reporting period, ESDC observed a significant increase in the number of requests received, the number of pages processed and the complexity of the requests that were reviewed. In 2015–16, ESDC received 1,572 requests for information, which represents an increase of over 35% from the previous year. Additionally, the Department processed more than one and a half times the number of pages than the number of pages in 2014–15, yet completed 1,178 (82%) of requests within legislated timeframes.
The key data are presented in the summary table below (figure 1). The subsequent tables provide more detailed information.
| Details | 2013-2014 | 2014-2015 | 2015-2016 |
|---|---|---|---|
| Formal requests received under the Access to Information Act | 861 | 1,160 | 1,572 |
| Requests completed during the reporting period | 932 | 1,055 | 1,439 |
| Number of pages processed | 101,577 | 139,549 | 257,249 |
| Number of requests completed within legislated timeframes | 845 | 799 | 1,178 |
| Number of requests completed beyond legislated timeframes | 87 | 256 | 261 |
| Proportion of requests that were responded to within legislated time frames according to Information Commissioner’s standards | 91% | 76% | 82% |
| Complaints to the Information Commissioner | 38* | 29 | 42 |
* In the Annual Report on the Administration of the Access to Information Act 2015–16, 29 complaints were reported for the 2013–14 fiscal year; however, 38 complaints were reported in the 2013–14 annual report.
4.1 Requests received and completed under the ATIA
In 2015–16, the Department received 1,572 requests under the ATIA. It is the second year in a row that ESDC has received a year-over-year increase of about 35% in requests for information. Despite this increase, the Department completed 1,439 requests in 2015–16 and managed to maintain a compliance rate of 82%.
Figure 2 – Text description
| Year | Received | Completed |
|---|---|---|
| 2013-2014 | 861 | 932 |
| 2014-2015 | 1,160 | 1,055 |
| 2015-2016 | 1,572 | 1,439 |
4.2 Requests by calendar days taken to complete
Over the past three fiscal years, the majority of requests have been completed within 30 calendar days. In 2015–16, 787 requests, or more than half (55%) of requests, were responded to within the first 30 days.
Figure 3 – Text description
| Year | 30 jours civils | 31 à 60 jours civils | 61 jours civils ou plus |
|---|---|---|---|
| 2013-2014 | 388 | 273 | 212 |
| 2014-2015 | 447 | 312 | 296 |
| 2015-2016 | 787 | 352 | 300 |
4.3 Timeframes
In 2015-16, the Department was able to meet legislated timelines for 1,178 requests made under the ATIA. Despite an increase in the number of requests received and the number of pages processed, the majority of requests were completed within legislated timeframes—with a compliance rate of 82%. ESDC was unable to meet legislated timelines for 261 requests during the reporting year.
Figure 4 – Text description
| Year | Late | On time |
|---|---|---|
| 2013-2014 | 87 | 845 (91%) |
| 2014-2015 | 256 | 799 (76%) |
| 2015-2016 | 261 | 1,178 (82%) |
Note: Requests reported as completed “on time” include requests for which an extension was granted.
4.4 Pages processed and disclosed
In 2015–16, the Department observed a further significant increase in the number of pages processed, from about 100,000 in 2013–14 to over 250,000 during the reporting period.
Figure 5 - Text description
| Year | Processed | Disclosed |
|---|---|---|
| 2013-2014 | 101,577 | 87,116 |
| 2014-2015 | 139,549 | 121,801 |
| 2015-2016 | 257,249 | 216,929 |
4.5 Sources of requests
In 2015–16, the most common source of requests was from the general public (492), followed by businesses/private sector (395) and media (257). Close to one fifth (304) of requesters declined to identify themselves.
| Source | Nombre de demandes et pourcentage du total | ||
|---|---|---|---|
| 2013-2014 | 2014-2015 | 2015-2016 | |
| Media | 154 (18%) | 156 (13%) | 257 (16%) |
| Academia | 5 (1 %) | 14 (1%) | 19 (1%) |
| Business/private sector | 203 (24%) | 436 (38%) | 395 (25%) |
| Organization | 187 (22%) | 220 (19%) | 105 (7%) |
| Public | 312 (36%) | 286 (25%) | 492 (31%) |
| Decline to identify | s.o.* | 48 (4%) | 304 (19%) |
* This category was introduced in 2014-2015.
4.6 Exemptions and exclusions
While the Act gives a right of access to records held by government institutions, information within these records may be withheld by applying limited and specific exemptions. The following table outlines the most frequently invoked exemptions during the past three fiscal years.
| Section | 2013-2014 | 2014-2015 | 2015-2016 |
|---|---|---|---|
| 19 (personal information) | 368 (31%) | 347 (31 %) | 405 (29%) |
| 16 (law enforcement and investigations) | 155 (13%) | 214 (19%) | 193 (14%) |
| 21 (advice and recommendations) | 225 (19%) | 202 (18%) | 247 (18%) |
| 20 (third party information) | 239 (20%) | 174 (15%) | 170 (12%) |
| 23 (solicitor-client privilege) | 63 (5%) | 45 (4%) | 48 (3%) |
The Act allows for the exclusion of certain types of information from its application, specifically records that are already available to the public (section 68) and confidences of the Queen’s Privy Council for Canada (section 69), which require consultation with the Department of Justice. In 2015–16, ESDC excluded records based on section 69 of the ATIA in a total of 70 requests.
4.7 Consultations received from other Government of Canada institutions and other organizations
In 2015–16, EDSC responded to 170 requests for consultation from other Government of Canada institutions and organizations, corresponding to a review of an additional 5,360 pages. For 115 requests (68%) for consultation, the Department was able to respond within 30 days. More than half (104 or 61%) resulted in a recommendation to disclose the records entirely.
5.0 Training and awareness activities
ESDC has a comprehensive mandatory online training strategy to educate, increase knowledge of and raise awareness about the stewardship of information and effective workplace behaviours. The Department also offers online training on privacy and access to information to foster a common understanding of the proper management of information resources, ensuring that the privacy of information is respected, and to improve timeliness and compliance results.
Since the release of the mandatory online Stewardship of Information and Effective Workplace Behaviours training program in 2013–14, 24,147 employees have successfully completed the mandatory online training course (including 1,678 employees in 2015–16). In addition, the online training module Privacy and Access to Information – It’s Everybody’s Business, successfully trained 3,098 employees (including 1,742 employees in 2015–16).
Online training figure – Text description
| Details | Stewardship of Information and Effective Workplace Behaviours | Privacy and Access to Information – It’s everybody’s Business |
|---|---|---|
| 2013-2014 | 8,669 | Not Available |
| 2014-2015 | 13,800 | 1,356 |
| 2015-2016 | 1,678 | 1,742 |
In-person employee training figure – Text description
| Details | Training Sessions | Employees Trained |
|---|---|---|
| 2013-2014 | 37 | 838 |
| 2014-2015 | 37 | 1,120 |
| 2015-2016 | 48 | 1,131 |
The Department has undertaken a number of activities to educate and increase knowledge of access to information and privacy, such as regular meetings with liaison officers and in-person training sessions. Since 2013–14, the Department delivered 122 in-person sessions to 3,083 employees. In 2015–16, ESDC delivered 48 in-person sessions to 1,131 employees.
6.0 New or revised policies, guidelines and procedures
During the 2015–16 fiscal year, ATIP Ops received 35% more requests for information than during the preceding fiscal year, and reviewed 84% more pages without a corresponding increase in resources.
The Department is always looking to improve its performance standards and to find ways to address the persistent increase in volume, size and complexity of ATIP requests. In order to do so, the Department undertook a Business Process Redesign (BPR) to simplify and improve processes and ensure quality responses are provided in a timely manner, which was implemented in 2015. Although the BPR has led to greater efficiencies through better use of technology, the introduction of standards for greater consistency, as well as the introduction of Advance Release Notifications as an additional measure of quality control, more work needs to be done to meet the increasing demand for government-held records.
In 2015–16 an internal audit of the Access to Information Process was undertaken. Findings will be used to further improve ATIP business processes.
On March 31, 2015, a Federal Court decision was made to waive all search fees for electronic documents, although search fees could still apply for non-electronic records. Search fees reported in the statistical report are for requests made during previous years or for non-electronic records.
7.0 Complaints, investigations and court action
7.1 Complaints received
The Office of the Information Commissioner (OIC) notified EDSC of 42 complaints during 2015–16. The following table outlines the complaints by category.
| Denial of access | Unreasonable time extensions | Processing delays | Exemptions applied improperly |
|---|---|---|---|
| 17 | 3 | 6 | 16 |
7.2 Complaints closed
During the reporting period, ATIP Ops also managed to close 42 outstanding complaints, either carried over from previous years or from 2015–16. The following table outlines the OIC’s findings.
| Well founded | Not well founded | Discontinued | Resolved |
|---|---|---|---|
| 28 | 3 | 7 | 4 |
7.3 Court action
In April 2015, the Office of the Information Commissioner submitted to the Federal Court an application for judicial review following a complaint related to the processing of an ATIA request that had been received in 2006. The complaint was related to the alleged improper application of section 23 of the ATIA (solicitor-client privilege).
In January 2016, the Federal Court rendered its judgment. The judgment led to the disclosure of portions of the request but also maintained that portions were subject to solicitor-client privilege. As the application of section 23 is assessed on a case-by-case basis, the judgement does not have an impact on the way ESDC deals with information that is subject to solicitor-client privilege exemptions.
Federal Court docket: T-840-15
Citation: 2016 FC 36
8.0 Timeframe monitoring at ESDC
Except for certain circumstances that allow for claiming extensions, the ATIA contains a statutory timeline of 30 calendar days (about 20 working days) for responding to requests. The Department is committed to respecting this legislated timeframe and has implemented a number of business processes to monitor the time to process requests. The Business Process Redesign (BPR) has been oriented to process ATIP requests within 20 business days as effectively as possible. The BPR also introduced Advance Release Notifications as an additional way to monitor upcoming releases. Additionally, a number of training and ATIP awareness sessions have been delivered to stress the importance of timely ATIP processing. The Department also prepares a weekly “look ahead” report that provides an overview of upcoming releases to senior officials and a quarterly report that captures key ATIP processing performance indicators.
Annex A: Delegation order
Employment and Social Development Canada
The Minister of Employment and Social Development, pursuant to section 18 of the Department of Employment and Social Development Act, hereby designates the persons, officers or employees holding the positions with Employment and Social Development Canada set out in the schedules attached hereto, or the persons, officers or employees occupying on an acting basis those positions, to exercise the powers or perform the duties or functions of the Minister or to exercise or perform the powers, duties or functions of the head of the institution, as specified in the attached schedules.
- Part 4 of the Department of Employment and Social Development Act
- Privacy Act
- Access to Information Act
(Signed by)
Pierre Poilievre
Minister of Employment and Social Development
Date: June 3, 2015
Access to Information Act – Delegation of authority
Employment and Social Development Canada
| Description | Section | Deputy Minister ESDC | Deputy Minister Labour | Senior Associate Deputy Minister / Chief Operating Officer for Service Canada | Associate Deputy Minister ESDC | Corporate Secretary ESDC | Director ATIP Ops NHQ | Manager ATIP Processing NHQ | ATIP Officers NHQ* |
|---|---|---|---|---|---|---|---|---|---|
| Responsibility of government institutions | 4(2.1) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Notice where access requested | 7(a) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Giving access to record | 7(b) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Transfer of request to another government inst. | 8(1) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Extension of time limits | 9 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Payment of additional fees | 11(2) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Payment of fees for EDP record | 11(3) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Deposit | 11(4) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Notice of fee payment | 11(5) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Waiver of refund of fees | 11(6) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Language of access | 12(2)(b) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Access to alternate format | 12(3)(b) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Refuse access – Obtained in confidence | 13 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – Federal-provincial affairs | 14 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – International affairs and defence | 15 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – Law enforcement, investigations | 16 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – Public Servants Disclosure Protection Act | 16.5 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – Safety of individuals | 17 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – Economic Interests of Canada | 18 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – Economic interest of the Canada Post Corporation, Export Development Canada, the Public Sector Pension Investment Board and VIA Rail Canada Inc. | 18.1 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – Personal information | 19 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – Third party information | 20 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – Operations of Government | 21 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – Testing procedures, tests, audits | 22 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – Audit working papers and draft audit reports | 22.1 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – Solicitor-client privilege | 23 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Refuse access – Statutory prohibitions | 24 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Severability | 25 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Information to be published | 26 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Third party notification | 27(1) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Third party notification – Extension of time limit | 27(4) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Third party notification – Notice of decision | 28(1)(b) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Third party notification – Representations in writing | 28(2) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Third party notification – Disclosure of record | 28(4) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Where the Information Commissioner recommends disclosure | 29(1) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Advising Information Commissioner of third party involvement | 33 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Right to make representations | 35(2)(b) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Access to be given to complainant | 37(4) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Notice to third party (application to Federal Court) | 43(1) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Notice to applicant (application to Federal Court by third party) | 44(2) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Special rules for hearings | 52(2)(b) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Ex parte representations (Federal Court) | 52(3) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Facilities for inspection of manuals | 71(1) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Annual report to Parliament | 72 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
*ATIP Officers: Officers within the Access to Information and Privacy Operations Division, NHQ, at the PM-04 and PM-05 levels
Regulations
| Description | Section | Deputy Minister ESDC | Deputy Minister Labour | Senior Associate Deputy Minister / Chief Operating Officer for Service Canada | Associate Deputy Minister ESDC | Corporate Secretary ESDC | Director ATIP Ops NHQ | Manager ATIP Processing NHQ | ATIP Officers NHQ* |
|---|---|---|---|---|---|---|---|---|---|
| Transfer of request | 6(1) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Search and preparation of fees | 7(2) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Production and programming fees | 7(3) | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Providing access to records | 8 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
| Limitations in respect of format | 8.1 | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
*ATIP Officers: Officers within the Access to Information and Privacy Operations Division, NHQ, at the PM-04 and PM-05 levels
Annex B: Statistical report on the Access to Information Act
Name of institution: Employment and Social Development Canada
Reporting period: 2015-04-01 to 2016-03-31
Part 1: Requests under the Access to Information Act
1.1 Number of requests
| Details | Number of requests |
|---|---|
| Received during reporting period | 1572 |
| Outstanding from previous reporting period | 246 |
| Total | 1818 |
| Closed during reporting period | 1439 |
| Carried over to next reporting period | 379 |
1.2 Sources of requests
| Source | Number of requests |
|---|---|
| Media | 257 |
| Academia | 19 |
| Business (private sector) | 395 |
| Organization | 105 |
| Public | 492 |
| Decline to Identify | 304 |
| Total | 1572 |
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 |
|---|---|---|---|---|---|---|---|---|
| Requests | 172 | 117 | 64 | 21 | 0 | 0 | 1 | 375 |
Note: All requests previously recorded as “treated informally” will now be accounted for in this section only.
Part 2: Requests closed during the reporting period
2.1 Disposition and completion time
| Disposition of 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 | |
| All disclosed | 50 | 197 | 106 | 48 | 4 | 3 | 0 | 408 |
| Disclosed in part | 27 | 221 | 195 | 113 | 26 | 30 | 32 | 644 |
| All exempted | 0 | 1 | 0 | 1 | 1 | 0 | 0 | 3 |
| All excluded | 0 | 2 | 0 | 1 | 0 | 1 | 0 | 4 |
| No records exist | 16 | 92 | 39 | 1 | 1 | 0 | 1 | 150 |
| Request transferred | 35 | 5 | 0 | 0 | 0 | 0 | 0 | 40 |
| Request abandoned | 113 | 28 | 12 | 8 | 1 | 11 | 17 | 190 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 241 | 546 | 352 | 172 | 33 | 45 | 50 | 1,439 |
2.2 Exemptions
| Section | Number of requests |
|---|---|
| 13(1)(a) | 4 |
| 13(1)(b) | 2 |
| 13(1)(c) | 10 |
| 13(1)(d) | 2 |
| 13(1)(e) | 0 |
| 14 | 34 |
| 14(a) | 12 |
| 14(b) | 9 |
| 15(1) | 13 |
| 15(1) - International Affairs | 14 |
| 15(1) - Defence of Canada | 14 |
| 15(1) - Subversive Activities | 0 |
| 16(1)(a)(i) | 0 |
| 16(1)(a)(ii) | 0 |
| 16(1)(a)(iii) | 0 |
| 16(1)(b) | 4 |
| 16(1)(c) | 29 |
| 16(1)(d) | 0 |
| 16(2) | 149 |
| 16(2)(a) | 1 |
| 16(2)(b) | 3 |
| 16(2)(c) | 7 |
| 16(3) | 0 |
| 16.1(1)(a) | 0 |
| 16.1(1)(b) | 0 |
| 16.1(1)(c) | 0 |
| 16.1(1)(d) | 0 |
| 16.2(1) | 0 |
| 16.3 | 0 |
| 16.4(1)(a) | 0 |
| 16.4(1)(b) | 0 |
| 16.5 | 0 |
| 17 | 2 |
| 18(a) | 1 |
| 18(b) | 0 |
| 18(c) | 0 |
| 18(d) | 0 |
| 18.1(1)(a) | 0 |
| 18.1(1)(b) | 0 |
| 18.1(1)(c) | 0 |
| 18.1(1)(d) | 0 |
| 19(1) | 405 |
| 20(1)(a) | 1 |
| 20(1)(b) | 87 |
| 20(1)(b.1) | 1 |
| 20(1)(c) | 73 |
| 20(1)(d) | 8 |
| 20.1 | 0 |
| 20.2 | 0 |
| 20.4 | 0 |
| 21(1)(a) | 103 |
| 21(1)(b) | 112 |
| 21(1)(c) | 21 |
| 21(1)(d) | 11 |
| 22 | 17 |
| 22.1(1) | 17 |
| 23 | 48 |
| 24(1) | 170 |
| 26 | 5 |
2.3 Exclusions
| Section | Number of requests |
|---|---|
| 68(a) | 2 |
| 68(b) | 0 |
| 68(c) | 0 |
| 68.1 | 0 |
| 68.2(a) | 0 |
| 68.2(b) | 0 |
| 69(1) | 2 |
| 69(1)(a) | 6 |
| 69(1)(b) | 2 |
| 69(1)(c) | 2 |
| 69(1)(d) | 6 |
| 69(1)(e) | 12 |
| 69(1)(f) | 3 |
| 69(1)(g) re (a) | 10 |
| 69(1)(g) re (b) | 0 |
| 69(1)(g) re (c) | 11 |
| 69(1)(g) re (d) | 5 |
| 69(1)(g) re (e) | 3 |
| 69(1)(g) re (f) | 8 |
| 69.1(1) | 0 |
2.4 Format of information released
| Disposition | Paper | Electronic | Other formats |
|---|---|---|---|
| All disclosed | 363 | 45 | 0 |
| Disclosed in part | 493 | 151 | 0 |
| Total | 856 | 196 | 0 |
2.5 Complexity
2.5.1 Relevant pages processed and disclosed
| Disposition of requests | Number of pages processed | Number of pages disclosed | Number of requests |
|---|---|---|---|
| All disclosed | 23092 | 16445 | 408 |
| Disclosed in part | 223462 | 194069 | 644 |
| All exempted | 52 | 0 | 3 |
| All excluded | 2197 | 0 | 4 |
| Request abandoned | 8446 | 6415 | 190 |
| Neither confirmed nor denied | 0 | 0 | 0 |
2.5.2 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 | 357 | 4646 | 45 | 7603 | 4 | 2369 | 2 | 1827 | 0 | 0 |
| Disclosed in part | 394 | 12772 | 179 | 36873 | 36 | 21720 | 28 | 51659 | 7 | 71045 |
| All exempted | 3 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 2 | 0 | 0 | 0 | 1 | 0 | 1 | 0 | 0 | 0 |
| Request abandoned | 176 | 301 | 8 | 966 | 4 | 1999 | 2 | 3149 | 0 | 0 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 932 | 17719 | 232 | 45442 | 45 | 26088 | 33 | 56635 | 7 | 71045 |
2.5.3 Other complexities
| Disposition | Consultation required | Assessment of fees | Legal advice sought | Other | Total |
|---|---|---|---|---|---|
| All disclosed | 33 | 2 | 0 | 0 | 35 |
| Disclosed in part | 105 | 15 | 0 | 0 | 120 |
| All exempted | 1 | 0 | 0 | 0 | 1 |
| All excluded | 2 | 0 | 0 | 0 | 2 |
| Request abandoned | 19 | 5 | 0 | 0 | 24 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 |
| Total | 160 | 22 | 0 | 0 | 182 |
2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline
| Number of requests closed past the statutory deadline | Principal reason | |||
|---|---|---|---|---|
| Workload | External consultation | Internal consultation | Other | |
| 261 | 189 | 24 | 4 | 44 |
2.6.2 Number of days past deadline
| Number of days past deadline | Number of requests past deadline where no extension was taken | Number of requests past deadline where an extension was taken | Total |
|---|---|---|---|
| 1 to 15 days | 47 | 34 | 81 |
| 16 to 30 days | 22 | 11 | 33 |
| 31 to 60 days | 18 | 19 | 37 |
| 61 to 120 days | 15 | 16 | 31 |
| 121 to 180 days | 3 | 12 | 15 |
| 181 to 365 days | 4 | 33 | 37 |
| More than 365 days | 2 | 25 | 27 |
| Total | 111 | 150 | 261 |
2.7 Requests for translation
| Translation requests | Accepted | Refused | Total |
|---|---|---|---|
| English to french | 0 | 0 | 0 |
| French to english | 0 | 0 | 0 |
| Total | 0 | 0 | 0 |
Part 3: Extensions
3.1 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 | 48 | 3 | 24 | 1 |
| Disclosed in part | 181 | 12 | 61 | 6 |
| All exempted | 0 | 1 | 0 | 0 |
| All excluded | 1 | 1 | 1 | 0 |
| No records exist | 3 | 0 | 1 | 0 |
| Request abandoned | 33 | 2 | 11 | 4 |
| Total | 266 | 19 | 98 | 11 |
3.2 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 | 161 | 2 | 21 | 1 |
| 31 to 60 days | 43 | 7 | 47 | 6 |
| 61 to 120 days | 48 | 10 | 26 | 4 |
| 121 to 180 days | 11 | 0 | 3 | 0 |
| 181 to 365 days | 3 | 0 | 1 | 0 |
| 365 days or more | 0 | 0 | 0 | 0 |
| Total | 266 | 19 | 98 | 11 |
Part 4: Fees
| Fee type | Fee collected | Fee waived or refunded | ||
|---|---|---|---|---|
| Number of requests | Amount | Number of requests | Amount | |
| Application | 1,295 | $6,480 | 143 | $715 |
| Search | 15 | $6,992 | 3 | $5,020 |
| Production | 0 | $0 | 0 | $0 |
| Programming | 0 | $0 | 2 | $40 |
| Preparation | 0 | $0 | 0 | $0 |
| Alternative format | 0 | $0 | 0 | $0 |
| Reproduction | 0 | $0 | 0 | $0 |
| Total | 1310 | $13,472 | 148 | $5,775 |
Part 5: Consultations received from other institutions and organizations
5.1 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 | 160 | 5013 | 3 | 344 |
| Outstanding from the previous reporting period | 22 | 165 | 0 | 0 |
| Total | 182 | 5178 | 3 | 344 |
| Closed during the reporting period | 167 | 5019 | 3 | 344 |
| Pending at the end of the reporting period | 15 | 159 | 0 | 0 |
5.2 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 | 38 | 41 | 22 | 1 | 0 | 0 | 0 | 102 |
| Disclose in part | 5 | 20 | 20 | 2 | 1 | 1 | 0 | 49 |
| Exempt entirely | 0 | 0 | 3 | 0 | 0 | 0 | 0 | 3 |
| Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Consult other institution | 2 | 0 | 3 | 0 | 0 | 1 | 0 | 6 |
| Other | 3 | 4 | 0 | 0 | 0 | 0 | 0 | 7 |
| Total | 48 | 65 | 48 | 3 | 1 | 2 | 0 | 167 |
5.3 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 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 2 |
| Disclose in part | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 |
| 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 | 0 | 0 | 0 | 0 | 0 |
| Total | 2 | 0 | 1 | 0 | 0 | 0 | 0 | 3 |
Part 6: Completion time of consultations on cabinet confidences
6.1 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 | 5 | 8 | 0 | 0 | 0 | 0 | 1 | 1672 | 0 | 0 |
| 16 to 30 | 11 | 369 | 1 | 260 | 0 | 0 | 0 | 0 | 0 | 0 |
| 31 to 60 | 2 | 46 | 1 | 435 | 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 | 18 | 423 | 2 | 695 | 0 | 0 | 1 | 1672 | 0 | 0 |
6.2 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 | 0 | 0 | 0 | 0 | 0 | 0 |
Part 7: Complaints and investigations
| Section 32 | Section 35 | Section 37 | Total |
|---|---|---|---|
| 42 | 0 | 42 | 84 |
Part 8: Court action
| Section 41 | Section 42 | Section 44 | Total |
|---|---|---|---|
| 0 | 1 | 0 | 0 |
Part 9: Resources related to the Access to Information Act
9.1 Costs
| Expenditures | Amount |
|---|---|
| Salaries | $1,051,884 |
| Overtime | $30,049 |
Goods and Services
|
$87,403 |
| Total | $1,169,336 |
9.2 Human resources
| Resources | Person years dedicated to access to information activities |
|---|---|
| Full-time employees | 12.60 |
| Part-time and casual employees | 2.28 |
| Regional staff | 0.00 |
| Consultants and agency personnel | 0.39 |
| Students | 0.16 |
| Total | 15.43 |
Note: Enter values to two decimal places.
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