Annual report to Parliament: Access to Information Act 2021 to 2022

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Abstract

Environment and Climate Change Canada’s Annual Report to Parliament on the Administration of the Access to Information Act is submitted in accordance with section 94 of the Access to Information Act and section 20 of the Service Fees Act. It presents an overview of the Access to Information Act activities carried out within Environment and Climate Change Canada during the reporting period of April 1, 2021 to March 31, 2022.

During the reporting period, Environment and Climate Change Canada received 2,298 requests under the Access to Information Act, and completed 1,796 requests.

Introduction

The Access to Information Act (R.S.C. 1985, c. A-1) was proclaimed into force on July 1, 1983. Section 94 of the Act requires every head of a federal government institution to submit a report to Parliament on the administration of the Act within their institution during the fiscal year.

This report is submitted in accordance with section 94 of the Access to Information Act and section 20 of the Service Fees Act. It presents an overview of the Access to Information Act activities carried out within Environment and Climate Change Canada (ECCC) during the reporting period of April 1, 2021 to March 31, 2022. As the Canada Emission Reduction Incentives Agency was not operational during this reporting period, an Agency report will not be prepared for this period.

Purpose of the Acts

The Access to Information Act enhances the accountability and transparency of federal government institutions in order to promote an open and democratic society, and to enable public debate on the conduct of those institutions. Part 1 of the Act provides the right of access to information found within federal government institutions records, subject to certain specific and limited exceptions. Part 2 of the Act sets out requirements for the proactive publication of various types of information located within federal government institutions that are of interest to the public. The Access to Information Act complements but does not replace existing channels of communications within federal government institutions.

The Privacy Act protects the privacy of individuals with respect to their personal information. The Privacy Act sets out provisions that govern the collection, use, retention, disposition and disclosure of personal information by federal government institutions. It also provides individuals with the right of access to their personal information held within government institutions.

About Environment and Climate Change Canada

The Department of the Environment was established by the Government Reorganization Act (1970-71-72, c. 42) on June 10, 1971. A number of acts and regulations provide the Department with its mandate and allow it to carry out its programs. Under the Department of the Environment Act, the powers, duties and functions of the Minister of the Environment extend to and include matters relating to:

Organizational structure

As Environment and Climate Change Canada’s Access to Information and Privacy Coordinator, the Director of Access to Information and Privacy Division has delegated authority on matters concerning Access to Information and Privacy (ATIP). The ATIP Division is part of the Corporate Secretariat, found within the Public Affairs and Communications Branch of the Department. The ATIP Division is the central coordinating body for all requests received by Environment and Climate Change Canada under the Access to Information Act and the Privacy Act.

The ATIP Division directs all activities within Environment and Climate Change Canada relating to the administration, application and promotion of the Access to Information Act and the Privacy Act. It provides advice to senior management on the implementation of the statutes and prepares reports to Parliament, the Treasury Board Secretariat and senior management. The ATIP Division represents the Department in complaints and investigations conducted by the Information Commissioner and Privacy Commissioner of Canada, and in any Federal Court applications arising from ATIP matters.

The ATIP Division is organized into two functional areas: an Operations Unit, and a Policy and Governance Unit. Each unit is led by a manager who reports to the ATIP Director. As of March 31, 2022, the ATIP Division was comprised of 15 officers. To help meet the increase in volume and complexity of requests, the Division also engaged the support of three consultants during the reporting period.

Text description - Diagram 1

Diagram 1 presents a breakdown of ECCC’s ATIP Division Organizational Structure in 2021-2022.

The ATIP Division is organized into two functional areas: an Operations Unit, and a Policy and Governance Unit. Each unit is led by a manager who reports to the ATIP Director. The ATIP Director is assisted by an administrative assistant. The Operations Unit Manager oversees activities related to intake and complex files, while the ATIP Policy and Governance Unit Manager oversees activities related to policy and governance as well as proactive publication.

Operations Unit

The Operations Unit coordinates the management and processing of ECCC’s access to information and privacy requests. It leads the processing of all ECCC requests under the Access to Information Act and the Privacy Act and performs a “line-by-line” review of records. The Operations Unit also serves as the liaison between the Department and the Office of the Information and Privacy Commissioner on complaints related to requests under the Acts. The Operations Unit consists of two team leaders, four senior advisors, three advisors, one analyst, one junior ATIP analyst, an administrative officer and a clerical assistant.

Policy and Governance Unit

The Policy and Governance Unit is the focal point for privacy expertise within ECCC. The unit leads the horizontal implementation of departmental privacy policy and conducts risk analyses, including privacy impact assessments and privacy protocols for non-administrative purposes. It delivers privacy compliance support for ECCC’s programs and services. The Policy and Governance Unit plays a key role in the management and prevention of privacy breaches. It works collaboratively with departmental officials to fulfill the proactive publication requirements under Part 2 of the Access to Information Act and oversees its compliance. The unit develops ATIP directives, procedures and statistical reports, delivers training, promotes awareness, and prepares ATIP annual reports. The Policy and Governance Unit consists of one senior advisor and one junior analyst.

Capacity development

Environment and Climate Change Canada remains committed to recruiting, training and maintaining a workforce that possesses specialized skills and will continue to provide the best possible service to both internal and external clients.

During the 2021-2022 reporting period, Environment and Climate Change Canada completed several staffing actions. This included participation in a post-secondary recruitment process that resulted in the appointment of two junior analysts.

Environment and Climate Change Canada continues to focus on developing capacity through its ATIP Professional Development Program. The program aims to train employees over a period of three to five years through a combination of competency-based training, professional development training, and work assignments. Candidates enter the program at the PM-01 or PM-02 level and graduate as senior ATIP advisors at the PM-04 level. The program enables the ATIP Division to better manage increasing workloads while facilitating succession planning through the transfer of corporate memory, encouraging staff to remain with the Department for a longer period of time. In 2021-2022, ECCC expanded the program to the Policy and Governance Unit. During the reporting period, two participants in the ATIP Professional Development Program were promoted to the next level.

Delegation of Authority

Decision-making responsibility for the application of the various provisions of the Access to Information Act and the Privacy Act have been formally established and are outlined in the departmental Delegation of Authority Instrument found in Appendix A of this report.

The Delegation Order in effect during the reporting period was approved by the Honorable Jonathan Wilkinson, Minister of Environment and Climate Change, on April 12, 2021.

Interpretation of the Statistical Report

Environment and Climate Change Canada’s Statistical Report on the Access to Information Actis included in Appendix B of this report.

Between April 1, 2021, and March 31, 2022, ECCC received 2,298 requests under the Access to Information Act. There were 1,177 requests carried forward from previous reporting periods, for a total of 3,475 active requests in the 2021–2022 reporting period.

In the 2021–2022 fiscal year, a total of 1,796 requests were completed, and 1,679 were carried forward to the next reporting period, with 452 requests carried over within legislative timelines and 1,227 carried over beyond legislative timelines.

Figure 1 displays a breakdown of the sources of access to information requests received in 2021–2022.

Figure 1 – Sources of access to information requests, Access to Information Act, 2021–2022

Text description - Figure 1

Figure 1 shows a pie chart that represents the percentage breakdown of the sources of access to information requests that were received by the ATIP Secretariat in 2021-2022.

During the 2021-2022 fiscal year, 74% of access requests came from businesses, 10% from the media, 5% from organizations, 5% from members of the public, 1% from academia and 5% declined to identify.

Of the 2,298 requests received, 2,128 were received online, submitted through the ATIP Online Request Service.

During the 2021–2022 reporting period, 105 requests were abandoned by applicants for various reasons.

There were 1,444 requests for information for which there were no records. ECCC receives a number of requests each year for documents pertaining to the environmental compliance of properties (such as spills, infractions or investigations). Ninety-seven percent (97%) or 1,402 no record responses in 2021–2022 consisted of environmental compliance requests where no records were located concerning the properties in question. It should be noted that a ‘no records’ response is the requester’s desired outcome in these requests.

Records were retrieved in response to 244 requests. Of these, 30% were all disclosed, 68% were disclosed in part, and records were all exempted/excluded in 2% of requests.

Figure 2 displays the number of access to information requests that were received by the ATIP Division from 2017–2018 to 2021–2022. In 2021–2022, ECCC received 37% more requests than the previous reporting period.

Figure 2 – Access requests received, Access to Information Act, 2017–2022

Text description - Figure 2

Figure 2 shows a bar graph that provides a visual representation of the number of access requests that were received by the ATIP Secretariat from the 2017-2018 fiscal year to the 2021-2022 fiscal year.

During the 2017-2018 period, 1,999 requests were received; in 2018-2019, 1,794 requests were received; in 2019-2020, 1,874 requests were received; in 2020-2021, 1,683 requests were received; and in 2021-2022, 2,298 requests were received.

Environment and Climate Change Canada completed 1,796 requests under the Access to Information Act in 2021–2022. Overall, 1,680 were completed within the legislative timeline, which represents 94% of all access requests closed during the reporting period.

The number of access to information requests that were closed by the ATIP Division from 2017–2018 to 2021–2022 is found in Figure 3.

Figure 3 – Access requests closed, Access to Information Act, 2017–2022

Text description - Figure 3

Figure 3 shows a bar graph that provides a visual representation of the number of access requests that were closed by the ATIP Secretariat from the 2017-2018 fiscal year to the 2021-2022 fiscal year.

During the 2017-2018 period, 2,022 requests were received; in 2018-2019, 1,719 requests were received; in 2019-2020, 1,652 requests were received; in 2020-2021, 1,251 requests were received; and in 2021-2022, 1,796 requests were received.

In the 2021–2022 reporting period, 70,531 pages of records were processed in response to access to information requests, which represents an increase of 82% in comparison to the 2020–2021 fiscal year.

The number of pages processed by the ATIP Division in response to requests under the Access to Information Act from 2017–2018 to 2021–2022 is found in Figure 4.

Figure 4 – Pages processed, Access to Information Act, 2017–2022

Text description - Figure 4

Figure 4 shows a bar graph that provides a visual representation of the number of pages processed by the ATIP Secretariat in processing access to information requests under the Access to Information Act from the 2017-2018 fiscal year to the 2021-2022 fiscal year.

During the 2017-2018 period, 110,138 pages were processed; in 2018-2019, 79,626 pages were processed; in 2019-2020, 483,637 pages were processed; in 2020-2021, 38,650 pages were processed; and in 2021-2022, 70,531 pages were processed.

Exemptions and exclusions

The Access to Information Act prescribes a number of exemptions and exclusions that allow or require the Department to refuse to disclose certain types of information. The two most common exemptions invoked by ECCC in the 2021–2022 fiscal year were for personal information (section 19) and government operations (section 21).

Time limitations

During the 2021–2022 reporting period, 1,535 (85%) of the completed requests were processed within the initial 30-day period. This included 92 requests completed in the first 15 days, and 1,443 requests completed between 16 and 30 days.

Figure 5 is a breakdown of completion times for requests closed during the 2021–2022 reporting period.

Figure 5 – Completion time for access requests, Access to Information Act, 2021–2022

Text description - Figure 5

Figure 5 shows a pie chart which displays the breakdown of completion times for requests completed during the 2021-2022 reporting period. Environment Canada’s ATIP Secretariat closed 5% of requests in 1 to 15 days, 80% in 16 to 30 days, 6% in 31 to 60 days, 2% in 61 to 120 days, 1% in 121 to 180 days, 2% in 181 to 365 days and 4% in more than 365 days.

A total of 116 requests were completed beyond the legislated deadline. Of the 116 late requests, 85 requests were late due to heavy workloads.

Extension of time limits

Section 9 of the Access to Information Act allows government institutions to extend the deadline for responding to a request if the request requires the institution to search a large number of records, to consult with other government institutions, or to communicate with third parties. Requests may qualify for multiple extensions.

In 2021–2022, 40 requests required extensions of 30 days or less, 12 required an extension of between 31 and 60 days, 278 required an extension of between 61 to 120 days and 40 required an extension between 121 to 180 days. In total, 340 requests required an extension past the original deadline of 30 days. Most extensions were required in order to conduct extensive searches.

Complexity of files

Among the 1,796 requests closed during the 2021–2022 reporting period, 110 were considered complex for various reasons: 95 requests required consultations, 14 requests required legal advice, and one (1) request was classified in the ‘other’ category. The ‘other’ category consists of files containing high-profile subject matter, records held in a regional office, or records that are in a language other than French or English.

Of the requests closed by ECCC in 2021–2022, 14 required consultations with ECCC’s Legal Services to confirm Cabinet confidence exclusions.

Consultations

As an integral part of departmental processing procedures, other government institutions are consulted if access requests contain issues of interest to them. Although formal consultations are undertaken in writing, additional discussions between ATIP offices are initiated as required in order to facilitate the completion of each case. Consultations are also regularly undertaken with third parties and other levels of government.

As the environment is a shared jurisdiction, Environment and Climate Change Canada regularly receives access to information consultation requests from other federal and provincial departments that are processing files with records originating from or concerning the Department’s programs or services.

In 2021–2022, Environment and Climate Change Canada received 181 access to information consultations from other federal government institutions and 37 consultations from other organizations, for a total of 218 consultations received. This constitutes a 41% increase relative to the previous reporting period. There were 74 access consultations outstanding from the previous reporting period. In total, during the 2021–2022 reporting period, 205 consultations were completed. Eighty-seven (87) access consultations were carried forward to the 2022–2023 reporting period.

Figure 6 provides the number of access to information consultations that were received by the ATIP Division from 2017–2018 to 2021–2022.

Figure 6 – Access consultations received, Access to Information Act, 2017-2022

Text description - Figure 6

Figure 6 shows a bar graph which provides a visual representation of the number of access consultation requests that were received by the ATIP Secretariat from the 2017-2018 fiscal year to the 2021-2022 fiscal year.

During the 2017-2018 period, 218 requests were received; in 2018-2019, 260 requests were received; in 2019-2020, 300 requests were received; in 2020-2021, 125 requests were received; and in 2021-2022, 218 requests were received.

The number of access to information consultations that were closed by the ATIP Division from 2017–2018 to 2021–2022 is found in Figure 7.

Figure 7 – Access consultations closed, Access to Information Act, 2017–2022

Text description - Figure 7

Figure 7 shows a bar graph which provides a visual representation of the number of access consultation requests that were closed by the ATIP Secretariat from the 2017-2018 fiscal year to the 2021-2022 fiscal year.

During the 2017-2018 period, 216 requests were closed; in 2018-2019, 235 requests were closed; in 2019-2020, 287 requests were closed; in 2020-2021, 120 requests were closed; and in 2021-2022, 205 requests were closed.

Figure 8 displays the number of pages processed by the ATIP Division in response to access to information consultations receivedfrom 2017–2018 to 2021–2022.

Figure 8 –Pages processed for access consultations, Access to Information Act, 2017–2022

Text description - Figure 8

Figure 8 shows a bar graph which provides a visual representation of the number of pages processed by the ATIP Secretariat in processing access to information consultation requests under the Access to Information Act from the 2017-2018 fiscal year to the 2021-2022 fiscal year.

During the 2017-2018 period, 9,935 pages were processed; in 2018-2019, 8,478 pages were processed; in 2019-2020, 12,805 pages were processed; in 2020-2021, 4,448 pages were processed, and in 2021-2022, 28,435 pages were processed.

The number of pages processed in response to access to information consultations during the 2021–2022 reporting period increased in comparison to the previous reporting period; 28,435 pages were processed for consultations compared to 4,448 pages during the previous period. This is an increase of 539%.

Proactive disclosure and informal requests

The ATIP Division works collaboratively with departmental officials to fulfill the proactive disclosure requirements found in Part 2 of the Access to Information Act.

During the 2021-2022 reporting period, the ATIP Division partnered with program leads to review and publish briefing note titles on a monthly basis as well as Question Period notes, in accordance with the legislative requirements. A summary list of completed access to information requests is also published on the Open Government Registry Portal on a monthly basis.

In 2021-2022, ECCC also proactively published briefing materials for three parliamentary appearances and the Minister’s transition materials.

Environment and Climate Change Canada continues to process informal access to information requests. Between April 1, 2021, and March 31, 2022, the Department received 145 informal access to information requests, in addition to one (1) request carried over from the previous reporting period. All informal requests received in the 2021–2022 reporting period were for copies of records previously processed under the Access to Information Act. These requests were received via the Open Government Registry Portal.

Environment and Climate Change Canada completed a total of 146 informal requests during the 2021–2022 reporting period.

In 2021–2022, the ATIP Division processed four (4) parliamentary questions. The ATIP Division also provides advice to programs responding to other parliamentary questions.

The ATIP Division assists other branches within the department in the review of various documents such as investigation reports, harassment complaint files and audit and evaluation reports. The ATIP review ensures that mandatory exemptions such as personal information and Cabinet confidence-related information are properly identified, where appropriate.

Fees and costs

The Service Fees Act requires a responsible authority to report to Parliament annually on the fees collected by the institution. In accordance with the changes to the Access to Information Act that came into force on June 21, 2019, ECCC may only charge an application fee of $5, as set out in paragraph 7(1)(a) of the Regulations.

With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.

Training activities

The ATIP Division provides daily advice to departmental officials on the processing of ATIP requests as well as the interpretation of the Acts to ensure the efficient and consistent processing of all requests received by the Department.

As a result of the operational challenges posed by the COVID-19 pandemic over the last two years, the ATIP Division has continued to focus on providing targeted training and assistance to help ECCC staff respond to requests. During the 2021–2022 fiscal year, the ATIP Division conducted four (4) formal information and training sessions that were attended by approximately 100 ECCC employees. The sessions included an overview of the Access to Information Act and the Privacy Act as well as a description of internal procedures and associated deadlines for responding to requests.

COVID-19 operational impact

The exceptional measures put in place to curb the spread of COVID-19 continued to pose challenges to the operations of ECCC’s ATIP Division over the 2021–2022 reporting period.

In Fall 2020, ECCC updated its Business Continuity Plan to recognize the ATIP Division as an essential service. This resulted in an increased onsite presence toward the end of the fiscal year, which allowed staff to continue processing files containing classified and paper records. This working arrangement continued for the 2021–2022 reporting period.

As most program officials continued to work remotely throughout the fiscal year, the retrieval and processing of classified and hard copy records remained difficult. When necessary, the ATIP Division processed electronic records in response to requests and opened a second request for paper records that will be processed once program officials return to work onsite. Consultations with other government departments and third parties varied according to their ability to receive and process consultation packages.

Over the course of the year, ECCC’s ATIP Division refined the procedures and processes implemented in 2020–2021 to improve efficiency in electronic processing. In addition, it established a process to share larger files with program officials through the use of an encrypted shared drive.

The pandemic served to accelerate the digitization of government services, which significantly impacted the policy workload within the ATIP Division. The ATIP Division provided advice on the collection, use, retention and disposal of personal information in order to help reduce the risks associated with dozens of new initiatives and updated business processes. The ATIP Division has also increased its activities related to Privacy Act compliance, including the incorporation of privacy provisions within contractual agreements involving personal information, ensuring that outreach activities and stakeholder engagement adheres to the privacy policy requirements, and that any privacy risks associated with new ECCC programs or services are identified and mitigated.

In the upcoming year, ECCC’s ATIP Division will continue to refine its electronic retrieval processes. These process improvements, along with increased onsite presence, are expected to further stabilize ATIP performance and assist in reducing our inventory of requests.

Policies, guidelines, procedures and reporting

Policy Framework

Environment and Climate Change Canada’s access to information policy framework was approved in November 2012. No changes were brought to the access to information policy framework in 2021–2022.

In response to the COVID-19 pandemic, the ECCC ATIP Division was obliged to shift its operations by developing and implementing new ATIP processes. Procedures were put in place to manage electronic documents and deploy new strategies to assist program staff to retrieve and prepare records in response to requests.

Reporting

The ATIP Division regularly monitors the timeliness and trends associated with the processing of requests through ongoing communication with branch and directorate liaisons. This includes providing performance reports on the status of branch retrievals to branch head offices on a regular basis. In addition, weekly reports on the number of requests received are provided to the Deputy Minister’s Office and to the Communications Branch. ATIP updates are also provided to ECCC’s Executive Management Committee.

Publicly accessible information and inquiry points

Info Source is a series of publications containing information on the Government of Canada and its data collection activities. Info Source is intended to help the public access government information and to exercise their rights under the Access to Information Act and Privacy Act.

The ATIP Division is responsible for providing updates on Environment and Climate Change Canada’s activities and information holdings for publication in Info Source on the Department’s website. While no changes were made to ECCC’s Info Source Chapter in 2021–2022, updates are planned for the next fiscal year.

Environment and Climate Change Canada’s comprehensive website provides information on the Department’s policies, its organizational structure and the means to contact departmental officials. In accordance with the federal government’s policy of proactive disclosure, the Department’s website also allows access to internal evaluations and audits, as well as information on hospitality expenses, contracts and grants.

Environment and Climate Change Canada’s website has an access to information and privacy webpage that provides background information on both the Access to Information Act and the Privacy Act. It also contains a Frequently Asked Questions section and links to access to information request forms, personal information request forms and summaries of completed access to information requests.

In order to facilitate public access to information and to comply with the Act, the ECCC Library has been designated a public reading room. The library is located on the 1st floor of the Place Vincent Massey Annex, 351 St. Joseph Boulevard, Gatineau, Quebec.

Online request service

Environment and Climate Change Canada has participated in the Treasury Board Secretariat Online Request Service Pilot Project since April 2014. This initiative makes the process of requesting government records simpler and more convenient by enabling Canadians to submit their ATIP requests and application fees online. In June 2019, the Department migrated to the Treasury Board Secretariat Online Request Service and will be transitioning to the new ATIP online management system in early 2022–2023.

Environment and Climate Change Canada received 2,128 access to information requests online during the 2021–2022 reporting period. This represents 93% of the total number of access requests received by the Department.

Complaints, audits, investigations and appeals

Applicants have the right to register a complaint with the Information Commissioner of Canada regarding any matter relating to the processing of a request.

During the 2021–2022 reporting period, 33 complaints were filed with the Office of the Information Commissioner of Canada against ECCC. Environment and Climate Change Canada provided representations to the Office of the Information Commissioner in 38 complaints. The Department received a report of findings for 24 complaints. One complaint was discontinued.

Table 1 provides a breakdown of the results of the investigations of the 24 complaints closed in 2021–2022. Of the 24 complaints, twelve (12) complaints related to processing delays, four (4) complaints pertained to extensions, four (4) complaints concerned the application of exemptions, and four (4) complaints related to general refusals.

Table 1 – Results of complaints investigations, Access to Information Act, 2021-2022
Results of investigations Number of decisions
Well founded 14
Not well founded 2
Resolved 7
Discontinued 1
Total 24
Text description - Table 1

Table 1 provides a breakdown of the results of the investigations of the 24 complaints closed in 2021-2022 by the ATIP Secretariat.

Of the 24 complaints, 14 complaints were deemed well founded; two (2) complaints were deemed not well founded; seven (7) complaints were resolved; and one (1) complaint was discontinued.

The Department reviews the outcomes of all Office of the Information Commissioner investigations and, where appropriate, incorporates lessons learned into business processes. In 2021–2022, three reports of findings from the Office of the Information Commissioner contained recommendations that were implemented by ECCC.

There were no recommendations raised by other Agents of Parliament during the reporting period.

Applications/appeals to the Federal Court or Federal Court of Appeal

There were no applications or appeals filed to the Federal Court or Federal Court of Appeal during the 2021-2022 reporting period.

Interpretation of Supplementary Statistical Report

As previously detailed in the COVID-19 Operational Impact section, ECCC’s ability to process requests continued to be affected by the measures put in place to address COVID-19.

Environment and Climate Change Canada was able to receive requests by mail, email and through the online portal throughout the 2021–2022 fiscal year. In addition, the Department was able to fully process unclassified and protected B electronic records over the reporting period.

However, the department’s ability to process paper records and records above protected B continued to be reduced during the 2021–2022 reporting period as most departmental employees were working remotely.

As a result of the measures put in place to curb COVID-19, the carryover of active requests and complaints increased. Over the coming year, the Department will continue to focus on building capacity and will work diligently to close files and complaints carried over into the 2022–2023 fiscal year. Increased onsite presence will further facilitate these efforts.

Table 1 presents a breakdown of the requests carried over to the next reporting period.

Table 1 – Number of requests carried over, Access to Information Act, 2021-2022
Fiscal year open requests were received Open requests that are within legislated timelines as of March 31, 2022 Open requests that are beyond legislated timelines as of March 31, 2022 Total
Received in 2021-2022 356 360 716
Received in 2020-2021 72 298 370
Received in 2019-2020 3 268 271
Received in 2018-2019 2 134 136
Received in 2017-2018 1 53 54
Received in 2016-2017 0 72 72
Received in 2015-2016 or earlier 0 60 60
Total 434 1,245 1,679
Text description - Table 1

Table 1 presents a breakdown of the requests carried over to the next reporting period by the ATIP Secretariat from the 2015-2016 fiscal year or earlier to the 2021-2022 fiscal year.

As of March 31, 2022, there are 434 open requests that were carried over to the next reporting period within legislated timelines, whereas 1245 requests were carried over to the next reporting period beyond legislated timelines.

Table 2 presents a breakdown of active complaints with the Information Commissioner of Canada, carried over to the 2022–2023 fiscal year.

Table 2 – Number of active complaints carried over, Access to Information Act, 2021-2022
Fiscal year open complaints were received by institution Number of open complaints
Received in 2021-2022 27
Received in 2020-2021 28
Received in 2019-2020 10
Received in 2018-2019 4
Received in 2017-2018 5
Received in 2016-2017 0
Received in 2015-2016 or earlier 10
Total 84
Text description - Table 2

Table 2 presents a breakdown of active complaints with the Information Commissioner of Canada, carried over to the 2022-2023 fiscal year by the ATIP Secretariat from the 2015-2016 fiscal year or earlier to the 2021-2022 fiscal year.

Of the complaints received during the 2015-2016 period or earlier, 10 open complaints were carried over to the 2022-2023 fiscal year; of the 2016-2017 period, no open complaints were carried over; of the 2017-2018 period, 5 open complaints were carried over; of the 2018-2019 period, 4 open complaints were carried over; of the 2019-2020 period, 10 open complaints were carried over; of the 2020-2021 period, 28 open complaints were carried over; and of the 2021-2022 period, 27 open complaints were carried over.

Appendix A: Delegation Order Instrument

Access to Information and Privacy Acts Delegation Order

I, undersigned, Minister of Environment and Climate Change, pursuant to section 95 of the Access to Information Act and section 73 of the Privacy Act, hereby delegate the persons holding the positions set out in the Delegation of Authority Schedule attached hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Minister as head of Environment and Climate Change Canada, under the provisions of the Act and related regulations set out in the schedule opposite each position. This delegation replaces all previous delegation orders.

Schedule
Position Access to Information Act, Part 1 and Regulations Privacy Act and Regulations
Deputy Minister of the Environment Full authority Full authority
Associated Deputy Minister of the Environment Full authority Full authority
Director General, Corporate Secretariat Full authority Full authority
Director, Access to Information and Privacy Full authority Full authority
Manager, Access to Information and Privacy Full authority Full authority
Team Leader, Access to Information and Privacy Paragraph: 7(a), 8, 9 & 11 15

Dated at the City of Gatineau, Quebec, this April 12, 2021

(signed)

The Honourable Jonathan Wilkinson
Minister of the Environment and Climate Change Canada

Appendix B: Statistical Report on the Access to Information Act

Statistical Report on the Access to Information Act

Name of institution: Environment and Climate Change Canada

Reporting period:  2021-04-01  to  2022-03-31

Section 1: Requests under the Access to Information Act

1.1 Number of requests
Category Number of requests
Received during reporting period 2,298
Outstanding from previous reporting periods 1,177
  • Outstanding from previous reporting period
522  
  • Outstanding from more than one reporting period
655
Total 3,475
Closed during reporting period 1,796
Carried over to next reporting period 1,679
  • Carried over within legislated timeline
452  
  • Carried over beyond legislated timeline
1,227
1.2 Sources of requests
Source Number of requests
Media 230
Academia 23
Business (private sector) 1,709
Organization 109
Public 113
Decline to Identify 114
Total 2,298
1.3 Channels of requests
Source Number of requests
Online 2,128
E-mail 0
Mail 170
In person 0
Phone 0
Fax 0
Total 2,298

Section 2: Informal requests

2.1 Number of informal requests
Source Number of requests
Received during reporting period 145
Outstanding from previous reporting periods 1
  • Outstanding from previous reporting period
1  
  • Outstanding from more than one reporting period
0
Total 146
Closed during reporting period 146
Carried over to next reporting period 0
2.2 Channels of informal requests
Source Number of requests
Online 145
E-mail 0
Mail 0
In person 0
Phone 0
Fax 0
Total 145
2.3 Completion time of 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
27 44 70 4 0 1 0 146
2.4 Pages released informally
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
2.5 Pages re-released informally
Less than 100 pages re-released 100-500
pages re-released
501-1000
pages re-released
1001-5000
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
100 2,294 33 9,233 8 6,997 5 12,503 0 0

Section 3: Applications to the Information Commissioner on declining to act on requests

Source 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

4.1 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 3 21 16 19 5 6 3 73
Disclosed in part 2 34 27 15 7 25 56 166
All exempted 0 1 1 1 0 1 1 5
All excluded 0 0 0 0 0 0 0 0
No records exist 25 1,353 60 5 1 0 0 1,444
Request transferred 3 0 0 0 0 0 0 3
Request abandoned 59 34 2 1 1 1 7 105
Neither confirmed nor denied 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
Total 92 1,443 106 41 14 33 67 1,796
4.2 Exemptions
Section Number of requests
13(1)(a) 2
13(1)(b) 0
13(1)(c) 7
13(1)(d) 2
13(1)(e) 0
14 11
14(a) 9
14(b) 0
15(1) 7
15(1) - International Affairs 0
15(1) - Defence of Canada 0
15(1) - Subversive Activities 0
16(1)(a)(i) 0
16(1)(a)(ii) 1
16(1)(a)(iii) 0
16(1)(b) 3
16(1)(c) 9
16(1)(d) 0
16(2) 44
16(2)(a) 0
16(2)(b) 0
16(2)(c) 14
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 0
18(a) 0
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) 135
20(1)(a) 0
20(1)(b) 30
20(1)(b.1) 0
20(1)(c) 25
20(1)(d) 7
20.1 0
20.2 0
20.4 0
21(1)(a) 50
21(1)(b) 53
21(1)(c) 4
21(1)(d) 1
22 3
22.1(1) 0
23 11
23.1 0
24(1) 4
26 2
4.3 Exclusions
Section Number of requests
68(a) 6
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 0
69(1)(a) 0
69(1)(b) 0
69(1)(c) 1
69(1)(d) 2
69(1)(e) 4
69(1)(f) 1
69(1)(g) re (a) 4
69(1)(g) re (b) 0
69(1)(g) re (c) 5
69(1)(g) re (d) 1
69(1)(g) re (e) 9
69(1)(g) re (f) 5
69.1(1) 0
4.4 Format of information released
Paper Electronic Other
E-record Data set Video Audio
4 233 8 0 0 12

4.5 Complexity

4.5.1 Relevant pages processed and disclosed for paper and e-record formats
Number of pages processed Number of pages disclosed Number of requests
70,531 37,924 349
4.5.2 Relevant pages processed per request disposition for paper and e-record formats by size of requests
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 67 1,753 6 908 0 0 0 0 0 0
Disclosed in part 113 2,569 35 7,711 6 4,453 10 21,425 2 26,986
All exempted 4 83 1 172 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 99 43 2 319 3 1,987 1 2,122 0 0
Neither confirmed nor denied 0 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 283 4,448 44 9,110 9 6,440 11 23,547 2 26,986
4.5.3 Relevant minutes processed and disclosed for audio formats
Number of minutes processed Number of minutes disclosed Number of requests
0 0 0
4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
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
4.5.5 Relevant minutes processed and disclosed for video formats
Number of minutes processed Number of minutes disclosed Number of requests
0 0 0
4.5.6 Relevant minutes processed per request disposition for video formats by size of requests
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
4.5.7 Other complexities
Disposition Consultation required Legal advice sought Other Total
All disclosed 20 0 0 20
Disclosed in part 67 12 1 80
All exempted 3 0 0 3
All excluded 0 0 0 0
Request abandoned 5 2 0 7
Neither confirmed nor denied 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0
Total 95 14 1 110

4.6 Closed requests

4.6.1 Requests closed within legislated timelines
Number of requests closed within legislated timelines 1,680
Percentage of requests closed within legislated timelines (%) 93.54120267

4.7 Deemed refusals

4.7.1 Reasons for not meeting legislated timelines
Number of requests closed past the legislated timelines Principal reason
Interference with operations/workload External consultation Internal consultation Other
116 85 11 5 15
4.7.2 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 2 7 9
16 to 30 days 0 3 3
31 to 60 days 2 5 7
61 to 120 days 0 12 12
121 to 180 days 0 8 8
181 to 365 days 2 26 28
More than 365 days 0 49 49
Total 6 110 116
4.8 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 5: Extensions

5.1 Reasons for extensions and disposition of requests
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 42 0 32 5
Disclosed in part 108 0 87 41
All exempted 4 0 4 1
All excluded 0 0 0 0
Request abandoned 12 0 6 11
No records exist 14 0 8 5
Declined to act with the approval of the Information Commissioner 0 0 0 0
Total 180 0 137 63
5.2 Length of extensions
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 39 0 1 0
31 to 60 days 0 0 5 7
61 to 120 days 121 0 112 45
121 to 180 days 16 0 16 8
181 to 365 days 4 0 3 3
365 days or more 0 0 0 0
Total 180 0 137 63

Section 6: Fees

Fee type Fee collected Fee waived Fee refunded
Number of requests Amount Number of requests Amount Number of requests Amount
Application 2,118 $10,590.00 180 $900.00 0 $0.00
Other fees 0 $0.00 0 $0.00 0 $0.00
Total 2,118 $10,590.00 180 $900.00 0 $0.00

Section 7: Consultations received from other institutions and organizations

7.1 Consultations received from other Government of Canada institutions and other organizations
Consultations Other Government of Canada institutions Number of pages to
review
Other organizations Number of pages to review
Received during the reporting period 181 7,582 37 1,150
Outstanding from the previous reporting period 66 16,064 8 11,972
Total 247 23,646 45 13,122
Closed during the reporting period 176 16,394 29 12,041
Carried over within negotiated timelines 6 227 2 6
Carried over beyond negotiated timelines 65 7,025 14 1,075
7.2 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 32 43 20 10 3 2 3 113
Disclose in part 2 6 15 12 1 5 14 55
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 4 1 0 0 0 1 2 8
Total 38 50 35 22 4 8 19 176
7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
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 5 8 4 0 0 0 0 17
Disclose in part 1 5 2 1 0 1 0 10
Exempt entirely 0 0 0 0 0 1 1 2
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 6 13 6 1 0 2 1 29

Section 8: Completion time of consultations on Cabinet confidences

8.1 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 1 95 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 1 11 0 0 0 0 0 0 0 0
More than 365 5 139 0 0 0 0 1 1,344 0 0
Total 7 245 0 0 0 0 1 1,344 0 0
8.2 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

Section 9: Investigations and reports of finding

9.1 Investigations
Section 32
Notice of
intention to investigate
Subsection 30(5)
Ceased to investigate
Section 35
Formal representations
33 0 38
9.2 Investigations and reports of finding
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
3 3 0 23 3 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
10.2 Court actions on third party notifications under paragraph 28(1)(b)
Section 44 - under paragraph 28(1)(b)
0

Section 11: Resources related to the Access to Information Act

11.1 Allocated costs
Expenditures Amount
Salaries $960,694
Overtime $267
Goods and Services $545,414
  • Professional services contracts
$533,000  
  • Other
$12,414
Total $1,506,375
11.2 Human resources
Resources Person years dedicated to access to information activities
Full-time employees 12.600
Part-time and casual employees 0.200
Regional staff 0.000
Consultants and agency personnel 2.400
Students 0.000
Total 15.200

Note: Enter values to three decimal places.

Appendix C: Supplemental Statistical Report on the Access to Information Act and the Privacy Act

Name of institution: Environment and Climate Change Canada

Reporting period: April 1, 2021 to March 31, 2022

Section 1: Capacity to receive requests under the Access to Information Act and the Privacy Act

Enter the number of weeks your institution was able to receive ATIP requests through the different channels.
Capacity to receive requests Number of weeks
Able to receive requests by mail 52
Able to receive requests by email 52
Able to receive requests through the digital request service 52

Section 2: Capacity to process records under the Access to Information Act and the Privacy Act

2.1 Enter the number of weeks your institution was able to process paper records in different classification levels.
Classification level No capacity Partial capacity Full capacity Total
Unclassified paper records 0 52 0 52
Protected B paper records 0 52 0 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.
Classification level No capacity Partial capacity Full capacity Total
Unclassified electronic records 0 0 52 52
Protected B electronic records 0 0 52 52
Secret and top secret electronic records 0 52 0 52

Section 3: Open requests and complaints under the Access to Information Act

3.1 Enter the number of open requests that are outstanding from previous reporting periods.
Fiscal year open requests were received Open requests that are within legislated timelines as of March 31, 2022 Open requests that are beyond legislated timelines as of March 31, 2022 Total
Received in 2021-2022 356 360 716
Received in 2020-2021 72 298 370
Received in 2019-2020 3 268 271
Received in 2018-2019 2 134 136
Received in 2017-2018 1 53 54
Received in 2016-2017 0 72 72
Received in 2015-2016 or earlier 0 60 60
Total 434 1,245 1,679
3.2 Enter the number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods.
Fiscal year open complaints were received by institution Number of open complaints
Received in 2021-2022 27
Received in 2020-2021 28
Received in 2019-2020 10
Received in 2018-2019 4
Received in 2017-2018 5
Received in 2016-2017 0
Received in 2015-2016 or earlier 10
Total 84

Section 4: Open requests and complaints under the Privacy Act

4.1 Enter the number of open requests that are outstanding from previous reporting periods.
Fiscal year open requests were received Open requests that are within legislated timelines as of March 31, 2022 Open requests that are beyond legislated timelines as of March 31, 2022 Total
Received in 2021-2022 3 13 16
Received in 2020-2021 1 5 6
Received in 2019-2020 0 9 9
Received in 2018-2019 0 1 1
Received in 2017-2018 0 2 2
Received in 2016-2017 1 3 4
Received in 2015-2016 or earlier 0 0 0
Total 5 33 38
4.2 Enter the number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods.
Fiscal year open complaints were received by institution Number of open complaints
Received in 2021-2022 2
Received in 2020-2021 0
Received in 2019-2020 1
Received in 2018-2019 0
Received in 2017-2018 0
Received in 2016-2017 0
Received in 2015-2016 or earlier 1
Total 4

Section 5: Social Insurance Number (SIN)

Did your institution receive authority for a new collection or new consistent use of the SIN in 2021-2022 No

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