Annual Report on the Administration of the Access to Information Act, 2022 to 2023
On this page
- Executive summary
- 1. Introduction
- 2. Organizational structure
- 3. Delegations
- 4. Policies, guidelines, procedures and initiatives
- 5. Performance reporting
- Requests and consultations: Total volume
- Total requests received and completed
- Requests by calendar days taken to complete
- Timeframes
- Timeframe Monitoring
- Pages processed and disclosed
- Source of requests made under the Access to Information Act
- Exemptions and exclusions
- Consultations received from other Government of Canada institutions and other organizations
- Reporting on Access to Information fees for the purposes of the Service Fees Act
- 6. Complaints, Investigations and Court Actions
- 7. Training and awareness activities
- Annex A: Delegation orders
- Annex B: Statistical reports
Executive Summary
Employment and Social Development Canada (ESDC), including the Labour Program and Service Canada, strives to build a stronger and more inclusive Canada, to help Canadians live productive and rewarding lives, and to improve the quality of life for all Canadians. Many of the federal government’s largest and most well-known programs and services are provided by the Department in fulfillment of this broad mandate from coast to coast to coast.
As a federal institution, ESDC is subject to the Access to Information Act. The Department is pleased to submit this report as part of the legislative requirements of the Act, which describes ESDC’s performance as related to access to information and progress in delivering modern, open and transparent government operations.
The results achieved reflect ongoing efforts by the Department to provide service excellence for Canadians by continuing to focus on service transformation via improvements to technology, capacity and training.
Overview of Results
Results in fiscal year 2022 to 2023 show ESDC returned to its previous levels of performance. In the wake of the COVID-19 pandemic, the Department continued to adapt to changes brought by a hybrid work environment, significant resourcing challenges, and an expanded digital environment. Of note, the volume of both access requests and privacy requests reached record highs in fiscal year 2022 to 2023, with a total of 20,964 Privacy Act requests, up from 17,695 the previous year, while the volume of pages processed similarly increased to 1.84 million pages. The comparable figures for Access to Information Act requests follow in the bullets below.
The following is a high-level overview of the Department’s key access to information results during the reporting period:
- 1,930 requests were received, a significant increase of 66% from the previous year;
- Requests completed within legislated timelines increased again from the previous year from 84% to 94%;
- Pages processed declined by 45% to 51,468;
- All mandated proactive disclosure requirements were met;
- 19 Office of the Information Commissioner of Canada (OIC) investigations were determined to be well founded, representing 1.0% of all active requests received in the year;
- 9,503 ESDC employees were trained in the mandatory Stewardship of Information and Workplace Behaviours (SIWB) course; and
- 8,829 employees completed the mandatory online course Access to Information and Privacy (ATIP): It’s Everybody’s Business.
The detailed results that follow help to illustrate the Department’s ongoing commitment to open
and transparent government, as a foundation of our democratic system. The actions taken to support these principles contribute to building the modern, effective, and good government that Canadians expect and deserve. Continued increases in the numbers of both access and privacy requests demonstrate that the Department will need to continue modernization of program delivery. Enhancements to digital channels, enabling clients to access their personal information directly, as well as proactive disclosure of institutional information, will allow for streamlined client service and for further improvements in Access to Information and Privacy (ATIP) processing time.
1. Introduction
Presentation of the Report
ESDC is pleased to present to Parliament its annual report for the 2022–23 fiscal year. Section 94 of the Access to Information Act requires the head of a federal institution to submit an annual report to Parliament on the administration of the Act.
The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution. Information regarding fees collected under the Access to Information Act, and in accordance with the requirements of section 20 of the Service Fees Act, is available in section 5 of this report.
About ESDC
ESDC is the Government of Canada department responsible for developing, managing, and delivering social programs and services. Its mission is to build a stronger and more inclusive Canada, support Canadians in helping them have productive and rewarding lives and improve their quality of life. ESDC includes 2 major entities: the Labour Program and Service Canada.
The Department is responsible for a wide range of programs and services that affect Canadians throughout their lives. It provides seniors with basic income security, supports unemployed workers, helps students finance their post-secondary education, and aids parents in raising young children. The Labour Program contributes to social and economic well-being by fostering safe, healthy, fair, and inclusive work environments and cooperative workplace relations under federal jurisdiction. Service Canada engages with millions of Canadians each year to provide a range of government services and information online, by phone, and in person.
ESDC is responsible for the design and delivery of many of the most well-known Government of Canada programs and services, such as:
- Old Age Security;
- Canada Pension Plan;
- Employment Insurance;
- Canada Student Grants and Loans and Canada Apprentice Loans program;
- Canada Education Savings Program;
- Wage Earner Protection Program; and
- Passport Services.
For the fiscal year 2022 to 2023, ESDC’s planned expenditures on programs and services totalled $89.2 billion. Of that amount, $87.6 billion was allocated to benefit Canadians directly through statutory payment, grant and contribution programs.
About the Access to Information Act
The Access to Information Act provides Canadian citizens, permanent residents, and any individual or corporation present in Canada a right to access records of government institutions that are subject to the Act. This right is subject to limited and specific exemptions and exclusions, and in accordance with the principle that government information should be available to the public. The Government of Canada brought forth new legislative requirements under the Act in 2019, mandating departments to, among other things, proactively publish frequently requested information to further increase transparency and openness.
ESDC is committed to delivering on its legislative obligations.
2. Organizational Structure
Corporate Secretary and Chief Privacy Officer
ESDC’s Corporate Secretariat Branch is responsible for the Department’s Access to Information and Privacy (ATIP) operations, issuing and managing privacy management policy, providing privacy advice and guidance, and privacy operations in the National Capital Region. These functions are carried out by ESDC’s ATIP Operations Division and the Privacy Management Division (PMD).
The Branch is led by the Corporate Secretary who is ESDC’s designated Chief Privacy Officer, the Department’s functional authority on all privacy matters and for the implementation of the privacy management framework. The Chief Privacy Officer’s responsibilities include providing strategic privacy advice and recommendations, maintaining ESDC’s privacy management program, and monitoring compliance with the relevant statutory obligations, policies, and standards for privacy. In addition to this report, the Corporate Secretariat Branch reports separately on the administration of the Privacy Act.
Access to Information and Privacy Operations Division
ATIP Operations Division
The ATIP Operations Division carries out the Department’s legislated requirements under the Access to Information Act and the privacy request components of the Privacy Act. It leads and advises on the processing of all ESDC requests under the Access to Information Act, performs line-by-line reviews of records requested under the Access to Information Act and the Privacy Act, and delivers training and awareness sessions to departmental employees on the administration of the acts. The Director of ATIP Operations is ESDC’s designated ATIP Coordinator. Approximately 39 ATIP Operations employees were dedicated to processing requests in 2022 to 2023, a 13% reduction from the previous year. This is evidence of capacity constraints with respect to resourcing efforts, despite which the team achieved an improved rate of compliance while also receiving more requests.
The day-to-day administration of the Access to Information Act is a collaborative endeavour between ATIP Operations and the Department’s network of branch liaison officers, who support this work by undertaking searches, collecting records and making recommendations. The liaison officers play an intermediary role between ATIP analysts and subject matter experts across ESDC. Finally, the Division continues to provide departmental leadership on the 2019 amendments to the Access to Information Act and the Privacy Act.
In addition to processing requests under the Access to Information Act, ATIP Operations contributed to other departmental activities. For instance, ATIP Operations staff frequently reviewed departmental material for proactive disclosure (for example, contracts, position reclassification, travel and hospitality expenses), informal requests (for example, audits and administrative investigations) and Open Government publications (for example, datasets) to identify sensitivities, such as personal information and cabinet confidences. While these activities are not accounted for within this report’s statistical information, such activities are an important and growing part of strengthening transparency and accountability.
The COVID-19 pandemic prompted the Department to transition, ever more efficiently, to new electronic processes, including epost and the use of digital signatures. These changes, among others, have contributed to the continued improved compliance rates in the last 2 years.
Regional privacy operations
The regional branches play an important role in fulfilling the Department’s responsibilities. During the 2022 to 2023 fiscal year, there were approximately 61 employees in the regions who processed ATIP files. A network of liaison officers and managers within the branches in each region support the processing of privacy requests, as well as providing expert advice and guidance directly to program areas with support from the ATIP Operations Division.
Privacy Management Division
PMD is ESDC’s centre for privacy policy expertise and is the Department’s focal point for privacy advice. PMD leads the horizontal implementation of departmental privacy policies and initiatives, conducts risk analyses, including PIAs, and gives privacy compliance guidance. In doing so, the Division incorporates a privacy by design approach that integrates privacy considerations in the early stages of new programs, projects, and initiatives. It also supports the preparation of information-sharing agreements and contracts. The Division responds to court and law enforcement requests for documents, administers public interest disclosures, plays a key role in the management and prevention of privacy breaches, and supports privacy training and awareness activities. Also, PMD provides strategic privacy policy and analytical advice to the Chief Privacy Officer, and ESDC’s senior leaders.
The Division is organized into 4 functional groups consisting of a privacy policy and risk management unit, a privacy compliance and advisory services unit, an incident management and legislative disclosures unit, and a small strategic advisory and planning team. At the end of the 2022 to 2023 fiscal year, PMD had 39 employees. Consultants totalling an equivalent of 1.1 person years were engaged during the reporting period.
Service Agreement with the Canadian Accessibility Standards Development Organization
ESDC has a memorandum of understanding to provide ATIP services for the Canadian Accessibility Standards Development Organization, an independent departmental corporation in the Department’s portfolio. This organization, established under the Accessible Canada Act, is mandated to help realize a Canada without barriers on or before January 1, 2040.
3. Delegations
Section 73 of the Access to Information Act empowers the head of an institution to delegate any of the powers, duties or functions assigned by these acts to employees of that institution.
The Minister of ESDC is responsible for the purposes of the Access to Information Act, and the Department’s enabling legislation, the Department of Employment and Social Development Act.
The approved Delegation Order that was in effect on March 31, 2023, is reproduced in Annex A. A new delegation order incorporating organizational changes in ESDC is anticipated during the 2023 to 2024 fiscal year.
4. Policies, Guidelines, Procedures and Initiatives
Access to Information Activities and Initiatives
ESDC continued its ATIP modernization initiative by implementing digital solutions as the Department continued to move to a paperless office environment. In 2022 to 2023, the modernization initiative focussed on improving client service through identifying efficiencies in the processing of access to information and privacy access requests. This renewal exercise remains a priority and is expected to continue to enhance operational effectiveness. The Department is targeting some of these solutions to take effect in fiscal year 2023 to 2024.
5. Performance Reporting
The following section provides key statistics and analysis on ESDC’s accomplishments in the previous 4 fiscal years and how the Department contributed to the Government’s agenda in terms of access to information. Table 1, Figures 3 and 4 display a 4-year comparison to highlight Access to Information Act performance trends. Detailed statistical reports for the Act are found in Annex C.
This year, the number of requests received, and the compliance rate increased significantly from the previous year; the compliance rate is about the same as that typically achieved before the pandemic.
Requests and Consultations: Total Volume
ESDC experienced a significant increase (66%) in access to information requests,
from 1,163 requests in 2021–22 to 1,930 in 2022 to 2023.
Text description of Figure 1
Year | Requests |
---|---|
2019 to 2020 | 1,396 |
2020 to 2021 | 1,177 |
2021 to 2022 | 1,163 |
2022 to 2023 | 1,930 |
In 2022 to 2023, Access to Information Consultation requests decreased slightly remaining broadly comparable with levels seen since the pandemic.
Text description for Figure 2:
Year | Requests |
---|---|
2019 to 2020 | 309 |
2020 to 2021 | 137 |
2021 to 2022 | 189 |
2022 to 2023 | 172 |
Activity | 2019 to 2020 | 2020 to 2021 | 2021 to 2022 | 2022 to 2023 |
---|---|---|---|---|
Formal requests received under the Access to Information Act | 1,396 | 1,177 | 1,163 | 1,930 |
Requests completed during the reporting period1 | 1,302 | 1,234 | 1,176 | 1,786 |
Number of pages processed | 133,982 | 92,080 | 93,092 | 51,468 |
Number of requests completed within legislated timeframes (including extensions) | 1,094 | 772 | 990 | 1,681 |
Number of requests completed beyond legislated timeframes | 208 | 462 | 186 | 289 |
Proportion of requests that were responded to within legislated timeframes | 84% | 63% | 84% | 94% |
Complaints to the Information Commissioner | 52 | 19 | 36 | 55 |
Total Requests Received and Completed
In 2022 to 2023, ESDC received 1,930 requests under the Access to Information Act, a 66% increase from the previous fiscal year, during which the Department received 1,163 requests. This reverses the trend in recent years where ESDC has observed a decrease in the number of access requests received. ESDC continues, with the consent of the client, to treat access requests as privacy requests when deemed appropriate. With respect to the volume of requests received in 2022 to 2023, 62% of ATI requests were transferred to Privacy. ATIP modernization efforts are expected to address this processing anomaly.
The number of requests closed during the reporting period showed a similar significant increase compared to the previous year, from 1,176 to 1,786 this year.
The number of complaints submitted to the Information Commissioner increased, returning to pre-pandemic levels after a period of decline. The number of complaints submitted remains low relative to the volume of requests received.
Text description for Figure 3
Year | Total Request Received | Total Requests Completed |
---|---|---|
2019 to 2020 | 1,396 | 1,302 |
2020 to 2021 | 1,177 | 1,234 |
2021 to 2022 | 1,163 | 1,176 |
2022 to 2023 | 1,930 | 1,786 |
Requests by Calendar Days taken to Complete
ESDC processed 83% (1,487) of all requests received (1,786) under the Access to Information Act within 30 days of receipt, an increase on the previous fiscal year’s level of 51%.
Text description for Figure 4
Year | 30 Calendar Days | 31-60 Calendar Days | 61 or more Calendar Days |
---|---|---|---|
2019 to 2020 | 673 | 240 | 389 |
2020 to 2021 | 569 | 152 | 513 |
2021 to 2022 | 609 | 235 | 332 |
2022 to 2023 | 1,487 | 121 | 178 |
Timeframes
The Department met legislated timelines for 1,686 requests, a compliance rate of 94%. This represents a further increase compared to the previous year. In addition, the Department continued to reduce the number of requests outstanding from the previous reporting period (the backlog) from 358 in 2021–22, to 286 in 2022 to 2023.
ESDC was unable to meet legislated timelines for 100 requests during the fiscal year, a significant decrease compared to the previous year. Institutions may apply for an extension beyond the original 30-day statutory timeframe in cases where meeting the statutory date is not feasible due to the volume of pages to be processed, where consultation is required that could not reasonably be conducted within the initial 30 days, or where notice is given to a third party. During the 2022 to 2023 fiscal year, ESDC requested 251 extensions. Requesters were notified of delays.
Text description for Figure 5
Year | Total Closed | Beyond timeframe | Within timeframe |
---|---|---|---|
2019 to 2020 | 1302 | 208 | 1094 |
2020 to 2021 | 1234 | 462 | 772 |
2021 to 2022 | 1176 | 186 | 990 |
2022 to 2023 | 1,786 | 100 | 1,686 |
Timeframe Monitoring
Except in certain circumstances, which allow for extensions, the Access to Information Act contains a statutory timeline of 30 calendar days to respond to requests. Given the legislated timeframes and ESDC’s commitment to respecting both the letter and spirit of the Access to Information Act, an established process and defined responsibilities are followed as outlined in table 2.
Roles and Responsibilities | Description |
---|---|
Retrieval of Relevant Records and Formulation of Recommendations | Once a request is received, it is tasked to the relevant branches and/or regions and the Offices of Primary Interest. The Offices of Primary Interest have 8 working days to retrieve all responsive records and present them, along with any recommendations, to ATIP Operations. |
Line-by-line Review of the Responsive Records | ATIP Operations has 8 working days to complete a thorough line-by-line review of the records and to invoke any applicable exemptions and/or exclusions. |
Advance Release Notice | Key stakeholders receive a notification that the release package has been posted electronically on a secure internal website at least 4 working days prior to the scheduled release date. This mechanism allows all implicated parties to provide final comments prior to release. |
In support of timeframe monitoring, ATIP Operations provides weekly and quarterly reporting to senior management and the ministerial level. These reports continue to help branches and regions monitor their access to information requests, identifies quickly where any systemic issues may be, and allows for swift implementation of solutions.
Pages Processed and Disclosed
During the reporting period, the Department experienced a 45% decrease in the total number of pages of documents processed, and a 54% decrease in the number of pages disclosed for requests under the Access to Information Act (Figure 6).
Text description for Figure 6
Year | Pages Processed | Pages Disclosed |
---|---|---|
2019 to 2020 | 133,982 | 91,228 |
2020 to 2021 | 92,080 | 69,052 |
2021 to 2022 | 93,092 | 66,018 |
2022 to 2023 | 51,468 | 30, 203 |
Source of requests made under the Access to Information Act
During the 2022 to 2023 fiscal year, the most common source of requests under the Access to Information Act was from the general public (1,007), followed by the business and private sector (557), with media requests (74) falling significantly from previous years.
Source | 2019 to 2020 | 2020 to 2021 | 2021 to 2022 | 2022 to 2023 |
---|---|---|---|---|
Media | 584 (42%) | 335 (29%) | 134 (12%) | 74 (4%) |
Academia | 28 (2%) | 46 (4%) | 23 (2%) | 41 (2%) |
Business/Private Sector | 315 (22%) | 264 (22%) | 388 (33%) | 557 (29%) |
Organization | 50 (4%) | 62 (5%) | 79 (7%) | 84 (4%) |
Public | 374 (27%) | 321 (27%) | 439 (38%) | 1,007 (52%) |
Decline to Identify | 45 (3%) | 149 (13%) | 100 (9%) | 167 (9%) |
Exemptions and Exclusions
ESDC is one of the largest holders of personal information in the Government of Canada, which affects the frequency by which exemptions and exclusions are applied under the Access to Information Act.
Exemptions
The Access to Information Act allows, and in some instances requires, that information relating to the internal decision-making processes of government, national security, law enforcement or trade secrets be exempted and not released.
The following table 4 outlines the most frequently invoked exemptions during the past 4 fiscal years. Due to the nature of ESDC’s mandate, most of the information under the Department’s control contains personal information about individuals and must be withheld under the mandatory exemptions set out in section 19 (Personal Information) unless certain conditions are met. Section 21 (Advice) was another frequently applied exemption for the
2022 to 2023 fiscal year and continued to represent an important percentage of the total. Of note, section 16 (Law enforcement and investigations) increased during the period. This was primarily due to protections afforded to government cell phone information.
Section | 2019 to 2020 | 2020 to 2021 | 2021 to 2022 | 2022 to 2023 |
---|---|---|---|---|
s. 19 - Personal information | 249 (23%) | 180 (21%) | 182 (20%) | 133 (22%) |
s. 16 - Law enforcement and investigations | 127 (12%) | 89 (10%) | 124 (14%) | 165 (28%) |
s. 20 - Third-party information | 180 (17%) | 119 (14%) | 118 (13%) | 65 (11%) |
s. 21 - Advice and recommendations | 300 (28%) | 266 (31%) | 310 (34%) | 151 (25%) |
s. 24 - Statutory prohibitions against disclosure | 75 (7%) | 49 (6%) | 55 (6%) | 37 (6%) |
- * Figures are rounded for readability purposes
Exclusions
The Access to Information Act does not apply to information that is already publicly available, such as government publications (section 68) and confidences of the King’s Privy Council for Canada (section 69), which require consultation with the Department of Justice. During the 2022 to 2023 fiscal year, ESDC excluded records based on section 68 for 4 requests and for section 69 for 52 requests.
Consultations received from other Government of Canada Institutions and Other Organizations
In 2022 to 2023, ESDC received 172 (9,468 pages) external consultation requests from other Government of Canada institutions and organizations. This represents a decrease compared to the previous fiscal year (189), as well as a proportionally smaller decrease in the number of pages reviewed compared to the 2021 to 2022 fiscal year (10,450).
The Department closed 134 requests for consultations, of which 51 were completed within 30 days. The vast majority (82 or 61%) of those completed resulted in a recommendation to disclose the records in their entirety, and 41 (31%) recommended to disclose in part.
Types of consultation | 2019 to 2020 | 2020 to 2021 | 2021 to 2022 | 2022 to 2023 |
---|---|---|---|---|
Consultations requests received under the Access to Information Act | 309 | 137 | 189 | 172 |
Pages reviewed under the Access to Information Act | 10,823 | 7,230 | 10,450 | 9,468 |
Access to Information Act Requests for Consultations closed | 291 | 155 | 191 | 134 |
Access to Information Act Requests for Consultations closed within 30 days | 170 | 24 | 90 | 51 |
Reporting on Access to Information fees for the purposes of the Service Fees Act
In 2017, the Government of Canada introduced the Service Fees Act, which replaced the User Fees Act. All government departments and agencies that charge fees for services are subject to this legislation, including ESDC.
The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution. Consistent with Treasury Board policy, fees charged pursuant to the Access to Information Act are to be reported in the Access to Information Annual Report. Consequently, ESDC is reporting these fees in this consolidated report.
General fees information
Table 6 provides information on the fees for processing requests filed under the Access to Information Act.
Category | Details |
---|---|
Fee-setting authority | Access to Information Act |
Fee Amount | $5 |
Service standard | Response provided within 30 days following receipt of a request; the response time may be extended pursuant to section 9 of the Access to Information Act. Notice of extension is to be sent within 30 days after receipt of the request. |
Performance results |
|
Other information | In accordance with the Interim Directive on the Administration of the Access to Information Act, issued on May 5, 2016, and the changes to the Access to Information Act that came into force on June 21, 2019, ESDC 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. |
Table 7 is a summary of the financial information for all Access to Information Act fees under the Department’s authority.
2021 to 2022 Revenue | 2022 to 2023 Revenue | 2022 to 2023 Total Cost of Operating the Program4 | 2022 to 2023 Remissions5 |
---|---|---|---|
$4,660.00 | $ 8.510.00 | $2,595,238 | $1,140 |
6. Complaints, Investigations and Court Actions
Individuals are entitled under the Access to Information Act to file a complaint related to their request for a record with the OIC.
During the reporting period, the Department was notified of 55 complaints by the OIC, an increase on the previous year’s figure. As with much of the data in this report, the number of complaints notified has returned to the level typically seen in pre-pandemic years. The Commissioner closed 51 complaints and determined 19 to be well founded, the vast majority of which related to time delays. There were no court actions during the reporting period. Please refer to table 8 for more information about the complaints.
Detail | Access to Information Act |
---|---|
Complaints | |
Total complaints received | 44 |
|
16 |
|
2 |
|
23 |
|
2 |
|
1 |
|
NA |
Investigations | |
Total findings received | 36 |
|
19 |
|
4 |
|
9 |
|
4 |
Court Actions | |
Number of court actions | 0 |
- Note: The total number of notifications of complaints received and the total number of investigations with findings received will not necessarily be the same in a given fiscal year. Investigations could relate to complaints that were received by the Office of the Privacy Commissioner of Canada in a fiscal year before the 2022 to 2023 reporting period.
7. Training and Awareness Activities
Access to Information Training
ESDC has a comprehensive mandatory training program to increase knowledge and awareness of the stewardship of information. All employees are required to maintain valid certification in the Stewardship of Information and Workplace Behaviours course (SIWB), which addresses access to information, information management, privacy, how to handle personal information, security and values and ethics. The course is a component of the Department’s Essential Training Curriculum and is delivered online. At the end of the reporting period, 9,503 employees achieved SIWB certification over the fiscal year, which is valid for 2 years. There were 33,453 employees certified in 2021 to 2022. Further, new ATIP staff and more junior ATIP employees can access the new Access to Information and Privacy Community Development Office “Introduction to ATIP” course.
In addition to SIWB certification, ESDC provided additional online courses in its training catalogue that were relevant to access. The course “Access to Information and Privacy (ATIP): It’s Everybody’s Business” gives employees the knowledge required to protect, use and disclose personal information on a daily basis and teaches them to incorporate the principles of openness and transparency in their everyday work. During the last fiscal year, 8,829 employees completed the course.
New employees take the “Doing Things Right and Doing the Right Thing: Putting the Departmental Code of Conduct into Action” course, which has a significant access to information component. The course helps participants understand the application of ethical behaviour in the workplace and how to use that knowledge to guide them in their day-to-day work and decision-making, including their interactions with clients and colleagues. The course was taken by 7,137 employees during the 2022 to 2023 fiscal year.
Annex A: Delegation Orders
Access to Information Act and Regulations: Delegation of Authority Department of Employment and Social Development
The Minister of Employment and Social Development, pursuant to section 11 of the Department of Employment and Social Development Act, hereby designates the persons, officers or employees holding the positions with Employment and Social Development 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 function of the head of the institution, as specified in the attached schedules.
Original signed March 12, 2020 by the Honourable Carla Qualtrough, Minister of Employment and Social Development
Department of Employment and Social Development
Description | Section | Delegated Authority |
---|---|---|
Responsibility of government institutions | 4(2.1) |
|
Reasons for declining to act on request | 6.1(1) |
|
Notice – suspension | 6.1(1.3) |
|
Notice – end of suspension | 6.1(1.4) |
|
Notice (written notice for declining to act on a request) | 6.1(2) |
|
Notice where access requested/Giving access to record | 7 |
|
Transfer of request to another government institution | 8(1) |
|
Extension of time limits | 9 |
|
Notice where access refused | 10 |
|
Application fee waiver | 11(2) |
|
Language of access | 12(2) |
|
Access to alternate format | 12(3) |
|
Refuse access – Obtained in confidence | 13 |
|
Refuse access – Federal-provincial affairs | 14 |
|
Refuse access – International affairs and defence | 15 |
|
Refuse access – Law enforcement and investigations | 16 |
|
Refuse access – Public Servants Disclosure Protection Act | 16.5 |
|
Refuse access – Safety of individuals | 17 |
|
Refuse access – Economic interests of Canada | 18 |
|
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 |
|
Refuse access – Personal information | 19 |
|
Refuse access – Third-party information | 20 |
|
Refuse access – Operations of Government | 21 |
|
Refuse access – Testing procedures, tests, audits | 22 |
|
Refuse access – Audit working papers and draft audit reports | 22.1 |
|
Refuse access – Solicitor-client privilege | 23 |
|
Refuse access – Statutory prohibitions | 24 |
|
Severability | 25 |
|
Information to be published | 26 |
|
Third-party notification | 27(1) |
|
Third-party notification – Extension of time limit | 27(4) |
|
Third-party notification – Notice of decision | 28(1) |
|
Third-party notification – Waive representations in writing | 28(2) |
|
Third-party notification – Disclosure of record | 28(4) |
|
Advising Information Commissioner of third-party involvement | 33 |
|
Right to make representations | 35(2) |
|
Access given to complainant | 37(4) |
|
Review by Federal Court – government institution | 41(2) |
|
Review by Federal Court – government institution-Respondents | 41(5) |
|
Notice to third party (application to Federal Court) | 43(1) |
|
Service or notice | 43(2) |
|
Notice to person who requested record | 44(2) |
|
Special rules for hearings | 52(2) |
|
Ex parte representations (Federal Court) | 52(3) |
|
Description | Section | Delegated Authority |
---|---|---|
Transfer of request | 6(1) |
|
Search and preparation of fees | 7(2) |
|
Production and programming | 7(3) |
|
Providing access to records | 8 |
|
Limitations in respect of format | 8.1 |
|
Annex B: Statistical Reports
Statistical Report on the Access to Information Act
Name of institution: Employment and Social Development Canada
Reporting period: 2022-04-01 to 2023-03-31
Section 1: Requests under the Access to Information Act
Details | Sub-total | Number of requests |
---|---|---|
Received during reporting period | 1,930 | |
Outstanding from previous reporting periods | 347 | |
|
222 | N/A |
|
125 | N/A |
Total | 2,277 | |
Closed during reporting period | 1,786 | |
Carried over to next reporting period | 491 | |
|
205 | N/A |
|
286 | N/A |
Source | Number of requests |
---|---|
Media | 74 |
Academia | 41 |
Business (private sector) | 557 |
Organization | 84 |
Public | 1,007 |
Decline to identify | 167 |
Total | 1,930 |
Source | Number of requests |
---|---|
Online | 1,653 |
84 | |
176 | |
In person | 0 |
Phone | 0 |
Fax | 17 |
Total | 1,930 |
Section 2: Informal requests
Details | Sub-total | Number of requests |
---|---|---|
Received during reporting period | 338 | |
Outstanding from previous reporting periods | 4 | |
|
2 | |
|
2 | |
Total | 342 | |
Closed during reporting period | 273 | |
Carried over to next reporting period | 69 |
Source | Number of requests |
---|---|
Online | 338 |
0 | |
0 | |
In person | 0 |
Phone | 0 |
Fax | 0 |
Total | 338 |
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 |
139 | 112 | 2 | 15 | 2 | 1 | 2 | 273 |
Less than 100 Pages released |
100-500 Pages released |
501-1000 Pages released |
1001-5000 Pages released |
More than 5000 Pages released |
|||||
---|---|---|---|---|---|---|---|---|---|
Number of requests | Pages released | Number of requests | Pages released | Number of requests | Pages released | Number of requests | Pages released | Number of requests | Pages released |
0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Less than 100 Pages re-released |
100 to 500 Pages re-released |
501 to 1000 Pages re-released |
1001 to 5000 Pages re-released |
More than 5000 Pages re-released |
|||||
---|---|---|---|---|---|---|---|---|---|
Number of requests | Pages re-released | Number of requests | Pages re-released | Number of requests | Pages re-released | Number of requests | Pages re-released | Number of requests | Pages re-released |
202 | 55,617 | 64 | 16,068 | 2 | 1,296 | 4 | 6,984 | 1 | 6,425 |
Section 3: Applications to the Information Commissioner on declining to act on requests
Details | 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 |
Withdrawn during reporting period | 0 |
Carried over to next reporting period | 0 |
Section 4: Requests closed during the Reporting period
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 | 15 | 37 | 41 | 22 | 1 | 3 | 1 | 120 |
Disclosed in part | 7 | 38 | 41 | 77 | 19 | 24 | 17 | 223 |
All exempted | 0 | 0 | 1 | 2 | 0 | 0 | 0 | 3 |
All excluded | 1 | 3 | 1 | 1 | 0 | 0 | 0 | 6 |
No records exist | 107 | 69 | 31 | 4 | 0 | 0 | 0 | 211 |
Request transferred | 23 | 3 | 0 | 0 | 0 | 0 | 0 | 26 |
Request abandoned | 1,160 | 23 | 6 | 3 | 0 | 0 | 0 | 1,194 |
Neither confirmed nor denied | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 3 |
Declined to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 1,313 | 174 | 121 | 109 | 21 | 27 | 21 | 1,786 |
Section | Number of requests |
---|---|
13(1)(a) | 0 |
13(1)(b) | 0 |
13(1)(c) | 3 |
13(1)(d) | 0 |
13(1)(e) | 0 |
14 | 15 |
14(a) | 0 |
14(b) | 0 |
15(1) | 3 |
15(1) - I.A.* | 0 |
15(1) - Def.* | 0 |
15(1) - S.A.* | 0 |
16(1)(a)(i) | 0 |
16(1)(a)(ii) | 0 |
16(1)(a)(iii) | 0 |
16(1)(b) | 6 |
16(1)(c) | 13 |
16(1)(d) | 1 |
16(2) | 127 |
16(2)(a) | 0 |
16(2)(b) | 0 |
16(2)(c) | 18 |
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 |
16.6 | 0 |
17 | 2 |
18(a) | 0 |
18(b) | 2 |
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) | 133 |
20(1)(a) | 1 |
20(1)(b) | 44 |
20(1)(b.1) | 0 |
20(1)(c) | 16 |
20(1)(d) | 4 |
20.1 | 0 |
20.2 | 0 |
20.4 | 0 |
21(1)(a) | 77 |
21(1)(b) | 67 |
21(1)(c) | 6 |
21(1)(d) | 1 |
22 | 2 |
22.1(1) | 0 |
23 | 18 |
23.1 | 0 |
24(1) | 37 |
26 | 0 |
- * I.A.: International Affairs
- Def.: Defence of Canada
- S.A.: Subversive Activities
Section | Number of requests |
---|---|
68(a) | 4 |
68(b) | 0 |
68(c) | 0 |
68.1 | 0 |
68.2(a) | 0 |
68.2(b) | 0 |
69(1) | 0 |
69(1)(a) | 2 |
69(1)(b) | 0 |
69(1)(c) | 0 |
69(1)(d) | 5 |
69(1)(e) | 2 |
69(1)(f) | 1 |
69(1)(g) re (a) | 18 |
69(1)(g) re (b) | 0 |
69(1)(g) re (c) | 11 |
69(1)(g) re (d) | 6 |
69(1)(g) re (e) | 3 |
69(1)(g) re (f) | 3 |
69.1(1) | 0 |
Paper | Electronic | Other | |||
---|---|---|---|---|---|
E-record | Data set | Video | Audio | ||
10 | 333 | 0 | 0 | 0 | 0 |
4.5 Complexity
Number of pages processed | Number of pages disclosed | Number of requests |
---|---|---|
51,468 | 30,203 | 1549 |
Disposition | Less than 100 pages processed |
100-500 pages processed |
501-1000 pages processed |
1001-5000 pages processed |
More than 5000 pages processed |
|||||
---|---|---|---|---|---|---|---|---|---|---|
Number of requests | Pages processed | Number of requests | Pages processed | Number of requests | Pages processed | Number of requests | Pages processed | Number of requests | Pages processed | |
All disclosed | 113 | 1,352 | 6 | 2,343 | 0 | 0 | 1 | 1,691 | 0 | 0 |
Disclosed in part | 136 | 3,886 | 68 | 14,855 | 12 | 8,520 | 7 | 10,973 | 0 | 0 |
All exempted | 3 | 32 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
All excluded | 6 | 44 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Request abandoned | 1,193 | 48 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 8,838 |
Neither confirmed nor denied | 3 | 0 | 0 | 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 | 1,454 | 5,359 | 74 | 16,087 | 12 | 8,520 | 8 | 12,664 | 1 | 8,838 |
Number of minutes processed | Number of minutes disclosed | Number of requests |
---|---|---|
0 | 0 | 0 |
Disposition | Less than 60 minutes processed | 60 - 120 minutes processed | More than 120 minutes processed | |||
---|---|---|---|---|---|---|
Number of requests | Minutes processed | Number of requests | Minutes processed | Number of requests | Minutes processed | |
All disclosed | 0 | 0 | 0 | 0 | 0 | 0 |
Disclosed in part | 0 | 0 | 0 | 0 | 0 | 0 |
All exempted | 0 | 0 | 0 | 0 | 0 | 0 |
All excluded | 0 | 0 | 0 | 0 | 0 | 0 |
Request abandoned | 0 | 0 | 0 | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 |
Declined to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 | 0 | 0 |
Number of minutes processed | Number of minutes disclosed | Number of requests |
---|---|---|
0 | 0 | 0 |
Disposition | Less than 60 minutes processed | 60 - 120 minutes processed | More than 120 minutes processed | |||
---|---|---|---|---|---|---|
Number of requests | Minutes processed | Number of requests | Minutes processed | Number of requests | Minutes processed | |
All disclosed | 0 | 0 | 0 | 0 | 0 | 0 |
Disclosed in part | 0 | 0 | 0 | 0 | 0 | 0 |
All exempted | 0 | 0 | 0 | 0 | 0 | 0 |
All excluded | 0 | 0 | 0 | 0 | 0 | 0 |
Request abandoned | 0 | 0 | 0 | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 |
Declined to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 | 0 | 0 |
Disposition | Consultation required | Legal advice sought | Other | Total |
---|---|---|---|---|
All disclosed | 15 | 0 | 0 | 15 |
Disclosed in part | 79 | 3 | 0 | 82 |
All exempted | 2 | 0 | 0 | 2 |
All excluded | 1 | 0 | 0 | 1 |
Request abandoned | 1 | 0 | 0 | 1 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 |
Declined to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 |
Total | 98 | 3 | 0 | 101 |
4.6 Closed requests
Details | Quantity |
---|---|
Number of requests closed within legislated timelines | 1,686 |
Percentage of requests closed within legislated timelines (%) | 94.40089586 |
4.7 Deemed refusals
Number of requests closed past the legislated timelines | Principal Reason | |||
---|---|---|---|---|
Interference with operations/ Workload | External Consultation | Internal Consultation | Other | |
100 | 60 | 8 | 4 | 29 |
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 | 19 | 9 | 28 |
16 to 30 days | 5 | 2 | 7 |
31 to 60 days | 11 | 2 | 13 |
61 to 120 days | 5 | 7 | 12 |
121 to 180 days | 2 | 9 | 11 |
181 to 365 days | 3 | 8 | 11 |
More than 365 days | 9 | 9 | 18 |
Total | 54 | 46 | 100 |
Translation requests | Accepted | Refused | Total |
---|---|---|---|
English to French | 0 | 0 | 0 |
French to English | 0 | 0 | 0 |
Total | 0 | 0 | 0 |
Section 5: Extensions
Disposition of requests where an extension was taken | 9(1)(a) Interference with Operations/ Workload |
9(1)(b) Consultation |
9(1)(c) Third-Party notice |
|
---|---|---|---|---|
Section 69 | Other | |||
All disclosed | 32 | 0 | 22 | 0 |
Disclosed in part | 105 | 20 | 46 | 11 |
All exempted | 1 | 0 | 2 | 0 |
All excluded | 0 | 0 | 1 | 0 |
Request abandoned | 2 | 0 | 1 | 0 |
No records exist | 7 | 0 | 1 | 0 |
Declined to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 |
Total | 147 | 20 | 73 | 11 |
Length of Extensions | 9(1)(a) Interference with Operations/ Workload |
9(1)(b) Consultation |
9(1)(c) Third-Party notice |
|
---|---|---|---|---|
Section 69 | Other | |||
30 days or less | 66 | 0 | 20 | 0 |
31 to 60 days | 52 | 0 | 20 | 10 |
61 to 120 days | 27 | 20 | 27 | 1 |
121 to 180 days | 2 | 0 | 5 | 0 |
181 to 365 days | 0 | 0 | 1 | 0 |
365 days or more | 0 | 0 | 0 | 0 |
Total | 147 | 20 | 73 | 11 |
Section 6: Fees
Fee type | Fee collected | Fee waived | Fee refunded | |||
---|---|---|---|---|---|---|
Number of requests | Amount | Number of requests | Amount | Number of requests | Amount | |
Application | 1,702 | $8.510.00 | 228 | $1,140.00 | 0 | $0.00 |
Other fees | 0 | $0.00 | 0 | $0.00 | 0 | $0.00 |
Total | 1,702 | $8,510.00 | 228 | $1,140.00 | 0 | $0.00 |
Section 7: Consultations Received From Other Institutions and Organizations
Consultations | Other Government of Canada Institutions | Number of Pages to Review | Other Organizations | Number of Pages to Review |
---|---|---|---|---|
Received during the reporting period | 138 | 6,635 | 10 | 343 |
Outstanding from the previous reporting period | 22 | 2,445 | 2 | 45 |
Total | 160 | 9,080 | 12 | 388 |
Closed during the reporting period | 122 | 5,127 | 12 | 388 |
Carried over within negotiated timelines | 15 | 489 | 0 | 0 |
Carried over beyond negotiated timelines | 23 | 3,464 | 0 | 0 |
Recommendation | Number of days required to complete the 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 | 23 | 15 | 20 | 10 | 3 | 3 | 1 | 75 |
Disclose in part | 2 | 2 | 11 | 15 | 2 | 1 | 3 | 37 |
Exempt entirely | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 2 |
Other | 2 | 0 | 1 | 2 | 0 | 0 | 0 | 7 |
Total | 27 | 20 | 33 | 28 | 5 | 5 | 4 | 122 |
Recommendation | Number of days required to complete the 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 | 1 | 2 | 3 | 0 | 0 | 0 | 0 | 7 |
Disclose in part | 0 | 0 | 3 | 1 | 0 | 0 | 0 | 4 |
Exempt entirely | 0 | 0 | 0 | 0 | 0 | 1 | 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 | 1 | 3 | 6 | 1 | 0 | 1 | 0 | 12 |
Section 8: Completion time of Consultations on Cabinet Confidences
Number of days | Fewer than 100 pages processed | 100-500 pages processed |
501-1000 pages procesed |
1001-5000 pages procesed |
More than 5000 pages procesed |
|||||
---|---|---|---|---|---|---|---|---|---|---|
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 | 4 | 75 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
31 to 60 | 14 | 264 | 2 | 360 | 0 | 0 | 0 | 0 | 0 | 0 |
61 to 120 | 5 | 57 | 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 | 23 | 396 | 2 | 360 | 0 | 0 | 0 | 0 | 0 | 0 |
Number of days | Fewer than 100 pages processed | 100-500 pages processed |
501-1000 pages procesed |
1001-5000 pages procesed |
More than 5000 pages procesed |
|||||
---|---|---|---|---|---|---|---|---|---|---|
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 | 4 | 40 | 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 | 3 | 40 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Section 9: Investigations and Reports of finding
Section 32 Notice of intention to investigate |
Subsection 30(5) Ceased to investigate |
Section 35 Formal Representations |
---|---|---|
55 | 23 | 12 |
Section 37(1) Initial Reports | Section 37(2) Final Reports | ||||
---|---|---|---|---|---|
Received | Containing recommendations issued by the Information Commissioner | Containing orders issued by the Information Commissioner | Received | Containing recommendations issued by the Information Commissioner | Containing orders issued by the Information Commissioner |
0 | 0 | 0 | 30 | 30 | 0 |
Section 10: Court action
10.1 Court actions on complaints
Section 41 | ||||
---|---|---|---|---|
Complainant (1) | Institution (2) | Third Party (3) | Privacy Commissioner (4) | Total |
0 | 0 | 0 | 0 | 0 |
Section 44 - under paragraph 28(1)(b) |
---|
0 |
Section 11: Resources related to the Access to Information Act
Expenditures | Amount | |
---|---|---|
Salaries | $2,095,385 | |
Overtime | $18,147 | |
Goods and Services | $381,706 | |
|
$338,036 | |
|
$43,671 | |
Total | $2,495,238 |
Resources | Person Years dedicated to Access to Information activities |
---|---|
Full-time employees | 25.893 |
Part-time and casual employees | 0.000 |
Regional staff | 0.000 |
Consultants and agency personnel | 1.313 |
Students | 0.000 |
Total | 27.206 |
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