Annual Report to Parliament 2022 to 2023: Administration of the Access to Information Act

October 2023

Catalogue Number: En104-12/1E-PDF
ISSN 2562-766X

GCdocs# 21130677

Impact Assessment Agency of Canada
Access to Information and Privacy Coordinator

Physical / mailing address:
160 Elgin Street, 22nd Floor
Ottawa, ON K1A 0H3

Telephone: 613.297.2320
Email: atip-aiprp@iaac-aeic.gc.ca

On this page

List of tables

List of abbreviations and acronyms

ATI
Access to Information
ATIP
Access to Information and Privacy
Act, the
Access to Information Act
ECCC
Environment and Climate Change Canada
IAA
Impact Assessment Act
IAAC
Impact Assessment Agency of Canada
OIC
Office of the Information Commissioner of Canada
OPI
Office of Primary Interest
PD/OG
Proactive Disclosure/Open Government
PSPC
Public Services and Procurement Canada
Registry, the
Canadian Impact Assessment Agency Registry
SACC
Standard Acquisition Clauses and Conditions
TBS
Treasury Board Secretariat

Introduction

The Access to Information Act (the Act) provides Canadian citizens, as well as people and corporations present in Canada, the right of access to federal government records that are not of a personal nature and/or subject to certain limited and specific exceptions. The Act complements but does not replace other procedures for obtaining government information. It is not intended to limit in any way the access to government information that is normally available to the public upon request.

This report is submitted in accordance with section 94(1) of the Act, which 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 reporting period and in accordance with section 20 of the Service Fees Act. It presents an overview of the Access to Information Act activities carried out within the Impact Assessment Agency of Canada (formerly known as the Canadian Environmental Assessment Agency and further referred to in this report as “the Agency”) during the reporting period of April 1, 2022 to March 31, 2023.

Established in 1994, the Agency came into being to prepare for the implementation of the Canadian Environmental Assessment Act, which came into effect in early 1995. The Agency is a federal body accountable to the Minister of Environment and Climate Change Canada. The Agency provides high-quality impact assessments that contribute to informed decision making, in support of sustainable development. The Agency is the responsible authority for most federal impact assessments. The current Impact Assessment Act came into force on August 28, 2019 and its accompanying regulations provide the legislative framework for impact assessments

Organizational Structure

The provision of Access to Information and Privacy (ATIP) services in the Agency is under the Chief Information Officer organization and is directly managed by the Program Manager who reports to the President through the Vice President, Corporate Services, to fulfill the Agency’s Access to Information Act responsibilities. The Impact Assessment Agency of Canada was not party to any service agreement pursuant to section 96 of the Act during the reporting period of April 1, 2022 to March 31, 2023.

During 2022-2023 reporting period, there were 4.9 FTEs working on Access to Information related files.

The ATIP Team has administered the Act by:

The proactive publication responsibilities associated with Part 2 of the ATI are assigned to the Manager, Executive Coordination and Briefing Unit (ECBU), in the President’s Office. This person is also known as the Proactive Disclosure/Open Government (PD/OG) Analyst. Each team responsible for compiling the raw data will submit their report to the PD/OG analyst who will then ensure that the reports meet standards for accessibility, translation, formatting, and completeness before posting these reports to the Open Government website.

Delegation Order

For the purposes of the Act, the Agency’s “head of the institution” as defined in section 3 of the Act is the President of the Agency.

The responsibilities associated with the administration of the Act are delegated to the senior executive officers reporting directly to the President (Vice-presidents and General Counsel), as well as the Access to Information and Privacy Coordinator by the President for the effective administration of the program. The decision-making responsibility for the application of the various provisions of the Act is formally established and outlined in the departmental Delegation of Authority Instrument, which can be found under Appendix A.

Performance 2022-2023

The Statistical Report on Access to Information requests processed by the Agency from April 1, 2022 to March 31, 2023 is included in Appendix B of this report. The following sections provide an overview of key data on the Agency’s performance for the year with some explanations, interpretations and analysis of the Statistical Report for 2022-2023.

Percentage of requests responded to within legislated timelines

Of the 58 requests closed during the 2022-2023 period, 55 were closed within the legislated timeline. This represents a percentage of 94.83%.

Table 1 – Requests responded to within legislated timelines

Number of requests closed within legislated timelines

55

Percentage of requests closed within legislated timelines (%)

94.83

Number of completed requests

During the 2022–2023 reporting period, 28 (48.28%) of the completed requests were processed within the initial 30-day period. This included 14 requests completed in the first 15 days, and 14 requests completed between 16 and 30 days. Over 25,500 pages of records were processed as part of these access requests.

Table 2 – Completion time for access requests

Number of days

Requests completed

1 to 15 days

14

16 to 30 days

14

31 to 60 days

2

61 to 120 days

21

121 to 180 days

6

181 to 365 days

0

More than 365 days

1

Total

58

Of the 58 requests completed, 3.45% (2) were disclosed in full, and 67.24% (39) were disclosed in part. Table 3 outlines the remaining resulting dispositions of all completed requests.

Table 3 – Disposition of requests

Outcomes of completed requests

Number

Percentage

All disclosed

2

3.45%

Disclosed in part

39

67.24%

Nothing disclosed (All exempted)

0

0%

Nothing disclosed (All excluded)

0

0%

No records exist

10

17.24%

Request transferred

4

6.90%

Request abandoned

3

5.17%

Neither confirmed nor denied

0

0%

Number of active requests

A total of 57 requests were received during the 2022-2023 reporting period and 10 requests were carried over from 2021-2022. Of the 67 active requests, a total of nine requests (13.43%), as identified in Table 4, were carried over to the 2023-2024 reporting year. All active were received during the 2022-2023 reporting period and were within legislated timelines as of March 31, 2023.

Table 4 – Number of active requests

Fiscal year Open Requests Were Received

Open Requests that are Within Legislated Timelines as of March 31, 2023

Open Requests that are Beyond Legislated Timelines as of March 31, 2023

Total

Received in 2022-2023

9

0

9

Received in 2021-2022 or ealier

0

0

0

Total

9

0

9

Number of active complaints

During the 2022–2023 reporting period, there were 11 open complaints with the Office of the Information Commissioner of Canada against the Agency. Of these complaints, ten were opened in the 2022-2023 reporting period, and one was opened in the previous 2021-2022 period. No other open complaints were carried forward.

Table 5 – Active complaints by year

Fiscal Year Active Complaints Were Received by Institution

Number of Active Complaints

Received in 2022-2023

10

Received in 2021-2022

1

Received in 2020-2021 or earlier

0

Total

11

Extensions

Section 9 of the Act allows institutions to extend the legislated timeframe for processing a request if a search for responsive records cannot be completed within 30 days of receipt of the request, or if the institution must consult with other institutions or third parties.

In 2022-2023, the Agency invoked one or more extensions (beyond the initial 30 days) in 29 of the requests completed during the reporting period. Table 6 identifies the length of time sought for each extension.

Table 6 – Length of extension
 

9(1)(a) Interference With Operations/ Workload

9(1)(b) Consultation Section 69

9(1)(b) Consultation Other

9(1)(c) Third-Party Notice

30 days or less

8

0

0

0

31 to 60 days

6

0

15

16

61 to 120 days

0

1

1

4

121 to 180 days

0

0

0

1

181 to 365 days

2

0

0

0

365 days or more

0

0

0

0

Total

16

1

16

21

Of the 29 requests requiring one or more extensions, 16 extensions were required given that meeting the original time limit would have unreasonably interfered with the operations of the Agency. Seventeen extensions were required for necessary consultations with other government institutions and 21 were required for third party notices. The reason for the extension and disposition of requests is shown in Table 7.

Table 7 – 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 Section 69

9(1)(b) Consultation Other

9(1)(c) Third-Party Notice

All disclosed

0

0

0

0

Disclosed in part

15

1

15

20

All exempted

0

0

0

0

All excluded

0

0

0

0

Request abandoned

0

0

0

0

No records exist

0

0

0

0

Declined to act with the approval of the Information Commissioner

1

0

1

1

Total

16

1

16

21

Consultations completed for other institutions

The details of the Access Consultation requests processed during the 2022-2023 reporting period are presented in Section 7 of the Statistical Report in Appendix B.

The Agency received 50 Access Consultation requests from other federal institutions and six from other organizations, for a total of 56 consultation requests received during the 2022-2023 reporting period. Additionally, one request was carried forward from the 2021-2022 reporting period.

Forty-five of the Access Consultation requests received from other federal institutions and other organizations were completed within 30 days. Five consultation requests were carried forward into the 2023-2024 reporting period. Over 4500 pages of records were processed as part of these Access Consultations.

When viewed collectively, Table 8 and Table 9 show that the Agency recommended full disclosure in 10 of the consultation requests, two to be transferred for consultation with another institution, and partial disclosure for the remaining 11 requests.

Table 8 – Completion time for consultations received from other Government of Canada institutions

Recommendation

1 to 15 Days

16 to 30 Days

31 to 60 Days

61 to 120 Days

121 to 180 Days

181 to 365 Days

Total

Disclose entirely

25

6

2

0

0

0

33

Disclose in part

2

4

3

2

0

0

11

Exempt entirely

0

0

0

0

0

0

0

Exclude entirely

0

0

0

0

0

0

0

Consult other institution

2

0

0

0

0

0

2

Other

0

0

0

0

0

0

0

Total

29

10

5

2

0

0

46

Table 9 – Completion time for consultations received from other organizations

Recommendation

1 to 15 Days

16 to 30 Days

31 to 60 Days

61 to 120 Days

121 to 180 Days

181 to 365 Days

Total

Disclose entirely

4

1

0

0

0

0

5

Disclose in part

0

1

0

0

0

0

1

Exempt entirely

0

0

0

0

0

0

0

Exclude entirely

0

0

0

0

0

0

0

Consult other institution

0

0

0

0

0

0

0

Other

0

0

0

0

0

0

0

Total

4

2

0

0

0

0

6

Impact of COVID-19

During the reporting period, our operations remained unaffected by the Covid-19 pandemic. Despite the challenges faced globally, our organization successfully maintained its regular business operations, ensuring minimal disruption to our employees, clients, and stakeholders.

The Agency’s 2022-2023 Statistical Report on the Access to Information Act for 2022-2023

Source and channels of access requests received

Requests received by the public (61.4%) and businesses (21%) represent the largest source of incoming requests. Figure 10 shows a percentage breakdown of the sources of the access requests received during the 2022-2023 reporting period.

Table 10 – Percentage breakdown of source of requests

Source of Requests

Number

Percentage

Media

2

3.5%

Academia

3

5.3%

Business

12

21.0%

Organization

3

5.3%

Public

35

61.4%

Declined to Identify

2

3.5%

Total

57

100%

Of the 57 requests received, 18 were received through online channels, and 39 were received by email. This represents an overall receipt of 31.58% and 68.42% respectively, as identified in Table 11.

Table 11 – Percentage breakdown of channel of requests

Channel

Number

Percentage

Online

18

31.58%

E-mail

39

68.42%

Mail

0

0%

In person

0

0%

Phone

0

0%

Fax

0

0%

Total

57

100%

Informal requests

A total of two informal requests were received during the 2022-2023 reporting period. Both requests were received by email.

One request, containing 104 pages, was re-released within 1 to 15 days. The remaining request, containing 1,472 pages, was re-released within 61 to 120 days. Section 2 in appendix B of this report provides a breakdown of each.

Multi-year trends

The following demonstrates the trends that have emerged over the last three reporting periods in comparison with the current reporting period.

There were 58 files closed in the 2022-2023 reporting period as noted below in Table 12 compared to 54 in 2021-2022 and 51 in 2020-2021.

Table 12 – Access to information requests
 

2019-2020

2020-2021

2021-2022

2022-2023

Number of ATI requests closed

44

51

54

58

As identified previously, the majority of requests were received from businesses and the public. When compared to the previous reporting year, the number of requests received from businesses has decreased byby 7.69% and increadby 66.67% for those from the public.

Table 13 – Source of requests
 

2019-2020

2020-2021

2021-2022

2022-2023

Media

6

14.5%

3

5.6%

1

1%

2

3.5%

Academia

4

10%

2

3.7%

1

1%

3

5.3%

Business

7

17%

25

47%

13

25%

12

21%

Organization

4

10%

11

21%

13

25%

3

5.3%

Public

14

34%

10

19%

21

39%

35

61.4%

Decline to Identify

6

14.5%

2

3.7%

5

9%

2

3.5%

Total number of requests received

41

100%

53

100%

54

100%

57

100%

Table 14 illustrates the steady trend for the release of records in electronic format rather than paper. All requestors in the past four reporting years have specified they would like their release packages electronically, with the last request for release in paper format submitted in 2018-2019.

Table 14 – Electronic format vs paper format
 

2019-2020

2020-2021

2021-2022

2022-2023

Release format: paper

0

0

0

0

Release format: electronic

21

31

40

41

Percentage electronic

100%

100%

100%

100%

With regard to Access Consultations, it is noted in this reporting period that there was an increase of consultations from federal institutions by 66.66% and other organizations by 100%. This is detailed below in Table 15.

Table 15 – Consultations received from other Government of Canada institutions and other organizations
 

2019-2020

2020-2021

2021-2022

2022-2023

No. of federal institution consults

46

19

30

50

No. of other organization consults

3

0

3

6

% of consults from other organizations

7%

0%

10%

12%

Exemptions and exclusions

The Access to Information Act exempts certain information from being disclosed. In 2022–23, 39 requests contained information that was subject to exemptions and/or exclusions under the act and this information was not disclosed. A request may have multiple exemptions applied resulting in a greater number of exemptions invoked than redacted requests.

Most requests were subject to exemptions because the records requested contained the following information, as reflected in Appendix B of this report:

The Act excludes or does not apply to Cabinet confidences. Many TBS documents are classified as Cabinet confidences because TBS provides administrative support to the Treasury Board Cabinet committee and provides a central agency challenge function for cabinet submissions of other government institutions. Records that are publicly available (for example, government publications and records in libraries or museums) are also excluded.

In 2022–23, all applications of exclusions were for information that included published information (section 68 of the act).

Translation

No requests for translation were made in the 2022-2023 reporting year.

The Agency’s Supplemental ATIP Statistical Report for 2022-2023

Capacity to receive requests

The Agency had an uninterrupted service delivery and was able to receive requests by mail, email and through digital request service for the full 52 weeks of the reporting period.

Capacity to process paper and electronic requests

The Agency had an uninterrupted service delivery and was able to process paper and electronic records in all classification levels (i.e., classified, protected B, secret and top secret) for the full 52 weeks of the reporting period.

Subject matter of access requests received

The requests received during this reporting period dealt with a range of topics including:

Training and Awareness

Agency employees are provided with training and guidance to assist them in fulfilling their duties under the Act. The ATIP Team provides advice and support on an as-needed basis.

Employees have been informed of the ATIP-related training offered by the Canada School of Public Service. Training and reference materials are made available to employees on the Agency’s Intranet site.

Training and awareness of proactive publication responsibilities and requirements

All training sessions around proactive disclosure and publication are usually done as one-off sessions with the concerned employees. Each session covers the requirements and frequency of that team’s responsibilities. For instance, should an employee from the Finance team request additional training or clarification of requirements, the PD/OG analyst will schedule a meeting, usually of approximately 30 minutes, in which they will cover the requirements for only those reports that touch on the financial requirements. The following table gives the total number of scheduled training sessions since these have been tracked. This does not include any impromptu in-person or videoconferencing meetings. It also does not include when proactive disclosure training is giving as part of another training type, for instance training on transition binders for the Minister or binders produced for the President’s appearance before a Parliamentary Committee.

Table 16 – Total number of scheduled training sessions

Month of sessions

Total number of scheduled sessions held

Total number of attendees
(not including PD/OG analyst)

December 2022

1

1

September 2022

3

4

August 2022

2

6

Policies, Guidelines and Procedures

There were no new policies, guidelines or procedures implemented during this reporting period.

Proactive Publication under Part 2 of the ATIA

The proactive publication responsibilities associated with Part 2 of the ATI are assigned to the Manager, Executive Coordination and Briefing Unit (ECBU), in the President’s Office. This person is also known as the Proactive Disclosure/Open Government (PD/OG) Analyst. Each team responsible for compiling the raw data will submit their report to the PD/OG analyst who will then obtain approvals that the reports meet standards for accessibility, translation, formatting, and completeness before posting these reports to the Open Government website.

Table 17 – Proactive Disclosure requirements overview chart of deliverablesFootnote 1

Report Requirement

Responsible Division for Content

Frequency

Apr.

May

June

July

Aug.

Sept.

Oct.

Nov.

Dec.

Jan.

Feb.

Mar.

Posted by

Travel

Financial Management

Monthly

X

X

X

X

X

X

X

X

X

X

X

X

PD/OG analyst

Hospitality

Financial Management

Monthly

X

X

X

X

X

X

X

X

X

X

X

X

PD/OG analyst

Grants and Contributions

Financial Management

30 days after quarter

X

N/A

N/A

X

N/A

N/A

X

N/A

N/A

X

N/A

N/A

PD/OG analyst

Contracts

Financial Management

30 days after quarter except Q4 at 60 days

N/A

X

N/A

X

N/A

N/A

X

N/A

N/A

X

N/A

N/A

PD/OG analyst

Briefing Notes - Titles

ECBU

Monthly

X

X

X

X

X

X

X

X

X

X

X

X

PD/OG analyst

Reclassification of Positions

HR Classification

30 days after quarter

X

N/A

N/A

X

N/A

N/A

X

N/A

N/A

X

N/A

N/A

HR Classification

ATI Summaries

ATIP

Monthly

X

X

X

X

X

X

X

X

X

X

X

X

ATIP team

Tabled Reports

ECBU

30 days after tabling - no fixed date

*

*

*

*

*

*

*

*

*

*

*

*

PD/OG analyst

Briefing Packages (transition books)

ECBU

120 days after appointment to position (already translated before appointment) - no fixed date

*

*

*

*

*

*

*

*

*

*

*

*

PD/OG analyst

Briefing Packages (Committee appearance books)

ECBU

120 days after appearance at Parliamentary Committee (to be translated for posting) - no fixed date

*

*

*

*

*

*

*

*

*

*

*

*

PD/OG analyst

Tabled Report: Ministerial Advisory Committee (MINAC) Annual Report

External Committee

30 days after tabling - no fixed date

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

MINAC Committee with help from Communications

Question Period (QP) Notes

ECBU

30 days after the last sitting day in June and Dec.; or July 31 and Jan 31 if HoC not sitting in Jun. or Dec.

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

  • Privy Council Office if QP was requested by the Prime Minister
  • ECCC’s Parliamentary Affairs team if QP was requested by the Minister

PD/OG = Proactive disclosure/Open Government

The Impact Assessment Agency of Canada is a government entity for the purposes of Part 2 of the ATIA. As such the requirements to which the Agency is held include the following.

Table 18 – Requirements to which the Agency is held

Legislative Requirement

Section

Publication Timeline

Travel Expenses

82

Within 30 days after the end of the month of reimbursement

Hospitality Expenses

83

Within 30 days after the end of the month of reimbursement

Reports tabled in Parliament

84

Within 30 days after tabling

Contracts over $10,000

86

Q1-3: Within 30 days after the quarter Q4: Within 60 days after the quarter

Grants & Contributions over $25,000

87

Within 30 days after the quarter

Packages of briefing materials prepared for new or incoming deputy heads or equivalent

88(a)

Within 120 days after appointment

Titles and reference numbers of memoranda prepared for a deputy head or equivalent, that is received by their office

88(b)

Within 30 days after the end of the month received

Reclassification of positions

85

Within 30 days after the quarter

Packages of briefing materials prepared by a government institution for new or incoming ministers

74(a)

Within 120 days after appointment

Titles and reference numbers of memoranda prepared by a government institution for the minister, that is received by their office

74(b)

Within 30 days after the end of the month received

Package of question period notes prepared by a government institution for the minister and in use on the last sitting day of the House of Commons in June and December

74(c)

Within 30 days after last sitting day of the House of Common in June and December

Packages of briefing materials prepared by a government institution for a minister’s appearance before a committee of Parliament

74(d)

Within 120 days after appearance

The following reports are the sole responsibility of ECCC as the Agency is not involved in these for the Minister of the Environment and Climate Change.

Table 19 – Requirements that are the sole responsibility of ECCC

Legislative Requirement

Section

Publication Timeline

Minister’s Travel Expenses

75

Within 30 days after the end of the month of reimbursement

Minister’s Hospitality Expenses

76

Within 30 days after the end of the month of reimbursement

Minister’s Contracts over $10,000

77

Q1-3: Within 30 days after the quarter

Q4: Within 60 days after the quarter

Ministers’ Offices Expenses

*Note: This consolidated report is currently published by TBS on behalf of all institutions.

78

Within 120 days after the fiscal year

The Agency’s reports are published in three different locations which are all linked on the Open Government website.

Table 20 – Reports published within timelines

Requirement

Number of reports published for 2022-2023

Number of reports published within timelines

Percentage of late reports

Travel Expenses

12

3

75 %

Hospitality Expenses

12

2

83 %

Reports tabled in Parliament

  • Administration of the Access to Information Act – Annual Report to Parliament 2021-2022
  • Administration of the Privacy Act – Annual Report to Parliament 2021-2022
  • Fees Report: Fiscal year 2021-2022
  • 2021–2022 Reports by Federal Authorities with Obligations under section 71 of CEAA 2012

4

2

50 %

Contracts over $10,000

4

0

100 %

Grants & Contributions over $25,000

4

0

100 %

Packages of briefing materials prepared for new or incoming deputy heads or equivalent

0

0

n/a

Packages of briefing materials prepared by a government institution for new or incoming ministers

0

0

n/a

Titles and reference numbers of memoranda prepared for a deputy head or equivalent, that is received by their office

Titles and reference numbers of memoranda prepared by a government institution for the minister, that is received by their office

(NOTE: These are compiled in one report)

12

2

83 %

Briefing materials prepared for the President’s appearance before a committee of Parliament

  • Appearance before the House of Commons Standing Committee on Environment and Sustainable Development and the Senate Committee on Energy, the Environment, and Natural Resources (March 2022): Supplementary binder used by the President
  • Appearance before the Standing Committee on Environment and Sustainable Development (May 2022): Supplementary Binder used by the President

2

0

100 %

Packages of briefing materials prepared by a government institution for a minister’s appearance before a committee of Parliament

(NOTE: These are published on ECCC’s Transparency page with input from IAAC)

  • Appearance before the Standing Committee on Environment and Sustainable Development – March 24, 2022
  • Appearance before the Standing Committee on Environment and Sustainable Development – May 3, 2022

2

2

0 %

Reclassification of positions

4

1

75 %

ATI Summaries

12

1

91 %

Various issues caused delays in posting the reports, these included the following. To note, both restructuring exercises resulted in unanticipated data validation issues, thus any delays caused were beyond anyone’s control.

With 2022-2023 being the first year that departments and agencies were asked to report against publishing deadlines, this highlighted internal processing challenges that led to small delays in posting these reports. As a result, compliance rates with legislated deadlines are low. To ensure that future reporting falls within acceptable timeframes, the teams involved in the process have agreed to the following:

Initiatives and Projects to Improve Access to Information

In the Fall of 2022, the Agency transitioned to the Treasury Board Secretariat’s new ATIP online management system to manage the intake of requests.

Further, the ATIP Team revised the templates used for correspondence with Offices of Primary Interest (OPI) on an as-needed basis and has continued to streamline the approval process for requests and consultations. The records retrieval procedure and the tasking process were also revised. Liaison roles and responsibilities under the Act have been further clarified, and guidance was provided on the obligation to provide recommendations and strong rationale to the ATIP team.

Summary of Key Issues and Actions Taken on Complaints

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

Fifteen complaints were received in the 2022-2023 reporting period and four requests were carried over from the previous reporting period. The OIC closed 8 complaints and determined two to be well founded. Both complaints deemed well founded were resolved without recommendations. As of the end of this reporting period there were a total of 11 active complaints.

No appeals have been filed with the Federal Court of Appeal on closed complaints.

Table 21 provides a breakdown of the reasons for the complaints, Table 22 summarizes the findings from the OIC, and Table 23 shows the number of complaints received, closed, and carried over for the current year as well as for three of the previous reporting periods.

Table 21 – Reason for complaint
 

Number

Denied Access

1

Unreasonable time extension

1

Processing delays

2

Improperly applied exemptions

4

Collection

0

Use and disclosure / Retention and disposal

0

Table 22 – Office of the Information Commissioner findings
 

Number

Well founded

2

Not well founded

4

Complaints resolved during investigation

0

Discontinued

2

Table 23 – Complaint data over multi year trend
 

2019-2020

2020-2021

2021-2022

2022-2023

Number of complaints carried over from previous reporting period

3

2

2

4

Number of complaints received

0

0

6

15

Number of complaints closed

1

0

4

8

Number of complaints active at end of reporting period

2

2

4

11

Reporting on Access to Information fees for the purposes of the Service Fees Act

Fees

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.

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

The $5.00 application fee is the only fee charged for an ATI request. In the 2022-2023 reporting period, total fees of $275 were collected for the processing of 55 requests. Two application fees were waived.

Cost

The total costs involved in administering the Access to Information Act during the 2022-2023 reporting period were $383,000. This amount represents the total spent on salaries.

Monitoring Compliance

Access to Information requests

The Agency continues to ensure compliance with the Act through effective reporting and monitoring mechanisms. Weekly ATIP reports containing detailed statuses of individual requests are prepared for the Vice-President, Corporate Services, and for the Agency’s senior leadership.

A weekly Access to Information (ATI) report is provided to the Minister’s Office, which includes new ATI requests and anticipated releases. These reports include request description, and statuses of any individual requests.

Special reports are also submitted to provide justifications for time extensions and to outline plans for timely completion of complex or high profile requests. Extensions over 90 days require the approval of the Agency’s President. Extensions under 90 days require the approval of the Vice-President, Corporate Services, and disclosure to the Agency senior leadership.

Inter-institutional consultations

To ensure the Agency limits inter-institutional consultations to only when required for the proper exercise of discretion or for an intention to disclose, ATIP Analysts are instructed to review records page by page when marking records requiring consultation. This ensures not only that the appropriate institutions are being consulted, but also to limit the number of pages an institution will receive. Where possible, records requiring more than one consultation are separated by page so that institutions only have to review their information. For example, a table containing multiple institutional comments spanning 60 pages will be separated by institution, rather than sending the full 60 pages to all.

Frequently requested information

As is described in the next section of this report, the Agency facilitates public access to information and records related to environmental assessments, through the Canadian Impact Assessment Agency Registry (the Registry). Offices of Primary Interest work with the Registry Team to determine if additional information that is frequently requested, does not contain sensitive information, and meets the Agency’s operational policy can be posted on the Registry.

Procurement

The Agency ensures measures to support the right of public access to information are reflected in contracts, information sharing agreements and information sharing arrangements in accordance with section 4.2.8 of the Directive Access to Information Requests.

The templates used by the Agency for preparing solicitations with resulting contract clauses are from Public Services and Procurement Canada (PSPC) and the requirement for disclosure of information is captured in those templates. For example, the Agency’s most commonly used template for under $121K contracts includes PSPC’s general conditions located in clause 2010B 34 Access to Information. For contracts over $121K, clause 2035 44 Access to Information, containing the same information as 2010B 34 is used and a clause pertaining to the disclosure of incumbent information is used.

Further, the Agency follows the Directive on the Management of Procurement, which requires quarterly public disclosure of a contract when its value is over $10,000, a positive or negative amendment when its value is over $10,000, and a positive amendment when it modifies the initial value of a contract to an amended contract value that is over $10,000.

Proactively published information

The Agency monitors the accuracy and completeness of proactively published information in the approval process. Each team responsible for compiling the raw data will submit their report to the Proactive Disclosure/Open Government (PD/OG) Analyst, located in the President’s office. The PD/OG ensures that the reports meet standards for accessibility, translation, formatting, and completeness before posting these reports to the Open Government website.

Impact Assessment Agency Registry

As required under the Impact Assessment Act, the Agency facilitates public access to information and records related to environmental assessments, through the Impact Assessment Agency Registry (the Registry). Formal processes are in place to provide the public with access to environmental assessment records without recourse under the Access to Information Act.

Subsequent to the reporting period, the Agency has undertaken a renewal of the Registry further to section 105 of the Impact Assessment Act. Under the new legislative authorities and proposed policy direction, online comments are automatically published when an individual agrees to the terms and conditions for submitting comments to the Registry.

In addition, the ATIP Team refers requesters to the program responsible for granting access to Registry records in accordance with the Impact Assessment Act.

Annexes

Annex A: Designation Order

Designation order

(Access to Information Act)

As head of the Canadian Environmental Assessment Agency for purposes of the Access to Information Act, I hereby designate, under section 73 of that Act, the officers and employees of the Canadian Environmental Assessment Agency, who hold the positions set out in the attached Annex, to exercise or perform all of the powers, duties or functions that are conferred upon me by the provisions of the Access to Information Act specified in the aforementioned Annex.

Original signed July 23, 2017 by Ron Hallman, President, Canadian Environmental Assessment Agency.

Annex to Designation Order (Access to Information Act) Dated – July 2014

The Access to Information and Privacy Coordinator and the Senior Executive Officers reporting directly to the President of the Canadian Environmental Assessment Agency are designated to exercise or perform all powers, duties or functions of the President as the head of the Canadian Environmental Assessment Agency under the provisions of the Access to Information Act listed below. This designation replaces all previous delegation orders.

7(a)

Respond to request for access, give access or give notice

8(1)

Transfer to institution which has a greater interest

9

Extend time limit

11

Assess fees

12(2)(b)

Language of access

12(3)

Access in an alternative format

13(1)

Apply exemption - Information obtained in confidence from other governments

14

Apply exemption - Federal-provincial affairs

15

Apply exemption - International affairs and defense

16

Apply exemption - Law enforcement and investigations

16.5

Apply exemption - Public Servants Disclosure Protection Act

17

Apply exemption - Safety of individuals

18

Apply exemption - Economic interests of Canada

18.1

Apply exemption - Economic interests of certain government institutions

19(1)

Apply exemption - Personal information

19(2)

Disclose personal information

20

Apply exemption - Third party information

21

Apply exemption - Operations of government

22

Apply exemption - Testing procedures, tests and audits

22.1

Apply exemption - Internal audits

23

Apply exemption - Solicitor/client privilege

24

Apply exemption - Statutory prohibitions against disclosure

26

Apply exemption - Information to be published

27(1)

Notify third party of intent to disclose information

27(4)

Extend time limit

28(1)(b)

Disclose information after third party representations

28(2)

Waive requirement that third party representation be in writing

28(4)

Disclose information where no third party review requested

29(1)

Notify all parties of disclosure on recommendation of Information Commissioner

33

Advise Information Commissioner of third party involvement

35(2)

Make representations to the Information Commissioner in the course of an investigation

37

Give notice to the Information Commissioner of action taken/to be taken to implement recommendations and provide access to complainant

43(1)

Notice to third party (application to Federal Court for review)

44(2)

Notice to applicant (application to Federal Court by third party)

52(2)

Special rules for hearings

69 (1)

Exclusion - Confidences of the Queen’s Privy Council for Canada

71(2)

Exempt information severed from manuals

72(1)

Prepare annual report to Parliament

77

Responsibilities conferred to the head of the institution by the regulations made under section 77 which are not included above

Annex B: Statistical Report on the Access to Information Act

Name of institution: Impact Assessment Agency of Canada

Reporting period: 2022-04-01 to 2023-03-31

Section 1: Requests under the Access to Information Act

1.1a Number of requests received
 

Number of Requests

Received during reporting period

57

Outstanding from previous reporting periods

9

Outstanding from more than one reporting period

1

Total

67

1.1b Number of requests carried into next reporting period
 

Number of Requests

Closed during reporting period

58

Carried over to next reporting period within legislated timeline

9

Carried over to next reporting period beyond legislated timeline

0

1.2 Sources of requests

Source

Number of Requests

Media

2

Academia

3

Business (private sector)

12

Organization

3

Public

35

Decline to Identify

2

Total

57

1.3 Channels of requests

Source

Number of Requests

Online

18

E-mail

39

Mail

0

In person

0

Phone

0

Fax

0

Total

57

Section 2: Informal requests

2.1a Number of informal requests received
 

Number of Requests

Received during reporting period

2

Outstanding from previous reporting periods

0

Outstanding from more than one reporting period

0

Total

2

2.1b Number of informal requests carried into next reporting period
 

Number of Requests

Closed during reporting period

0

Carried over to next reporting period

0

2.2 Channels of informal requests

Source

Number of Requests

Online

0

E-mail

2

Mail

0

In person

0

Phone

0

Fax

0

Total

2

2.3 Completion time of informal requests

Timeframe

Number of Requests

1 to 15 Days

1

16 to 30 Days

0

31 to 60 Days

0

61 to 120 Days

1

121 to 180 Days

0

181 to 365 Days

0

More Than 365 Days

0

Total

2

2.4 Pages released informally
 

Number of Requests

Number of Pages

Less Than 100 Pages Released

0

0

100-500 Pages Released

0

0

501-1000 Pages Released

0

0

1001-5000 Pages Released

0

0

More Than 5000 Pages Released

0

0

2.5 Pages re-released informally
 

Number of Requests

Number of Pages

Less Than 100 Pages Re-released

0

0

100-500 Pages Re-released

1

104

501-1000 Pages Re-released

0

0

1001-5000 Pages Re-released

1

1472

More Than 5000 Pages Re-released

0

0

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

3.1a Number of applications received by the Information Commissioner
 

Number of Requests

Outstanding from previous reporting period

0

Sent during reporting period

0

Total

0

3.1b Information Commissioner decision
 

Number of Requests

Approved by the Information Commissioner during reporting period

0

Declined by the Information Commissioner during reporting period

0

Withdrawn during reporting period

0

Withdrawn during reporting period

0

Section 4: Requests closed during the reporting period

4.1 Disposition and 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

0

2

0

0

0

0

0

2

Disclosed in part

1

9

2

20

6

0

1

39

All exempted

0

0

0

0

0

0

0

0

All excluded

0

0

0

0

0

0

0

0

No records exist

7

3

0

0

0

0

0

10

Request transferred

4

0

0

0

0

0

0

4

Request abandoned

2

0

0

1

0

0

0

3

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

14

14

2

21

6

0

1

58

4.2 Number of exemptions per section of the Act

Section of the Act

Number of Requests Exempted

13(1)(a)

1

13(1)(b)

0

13(1)(c)

2

13(1)(d)

0

13(1)(e)

3

14

1

14(a)

6

14(b)

0

15(1)

0

15(1) - International Affairs

0

15(1) - Defence of Canada

0

15(1) - Subversive Activities

0

16(1)(a)(i)

1

16(1)(a)(ii)

0

16(1)(a)(iii)

0

16(1)(b)

0

16(1)(c)

0

16(1)(d)

0

16(2)

0

16(2)(a)

0

16(2)(b)

0

16(2)(c)

25

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)

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)

37

20(1)(a)

2

20(1)(b)

23

20(1)(b.1)

23

20(1)(c)

10

20(1)(d)

2

20.1

0

20.2

0

20.4

0

21(1)(a)

16

21(1)(b)

16

21(1)(c)

9

21(1)(d)

3

22

4

22.1(1)

4

23

8

23.1

0

24(1)

1

26

1

4.3 Number of exclusions per section of the Act

Section of the Act

Number of Requests Excluded

68(a)

8

68(b)

0

68(c)

0

68.1

8

68.2(a)

8

68.2(b)

8

69(1)

0

69(1)(a)

0

69(1)(b)

0

69(1)(c)

0

69(1)(d)

0

69(1)(e)

0

69(1)(f)

0

69(1)(g) re (a)

0

69(1)(g) re (b)

0

69(1)(g) re (c)

0

69(1)(g) re (d)

0

69(1)(g) re (e)

0

69(1)(g) re (f)

0

69.1(1)

0

4.4 Format of information released

Format

Number of Requests

Paper

0

Electronic: E-record

40

Electronic: Data set

0

Electronic: Video

0

Electronic: Audio

0

Other

1

4.5 Complexity
4.5.1 Relevant pages processed and disclosed for paper and e-record formats
 

Number

Number of Pages Processed

28661

Number of Pages Disclosed

14352

Number of Requests

44

4.5.2 Relevant pages processed per request disposition for paper and e-record formats by size

All disclosed

Number of Requests

Number of Pages

Less Than 100 Pages

2

31

100-500 Pages

0

0

501-1000 Pages

0

0

1001-5000 Pages

0

0

More Than 5000 Pages

0

0

Disclosed in part

Number of Requests

Number of Pages

Less Than 100 Pages

11

574

100-500 Pages

15

3866

501-1000 Pages

7

5912

1001-5000 Pages

5

7078

More Than 5000 Pages

1

5250

All exempted

Number of Requests

Number of Pages

Less Than 100 Pages

0

0

100-500 Pages

0

0

501-1000 Pages

0

0

1001-5000 Pages

0

0

More Than 5000 Pages

0

0

All excluded

Number of Requests

Number of Pages

Less Than 100 Pages

0

0

100-500 Pages

0

0

501-1000 Pages

0

0

1001-5000 Pages

0

0

More Than 5000 Pages

0

0

Request abandoned

Number of Requests

Number of Pages

Less Than 100 Pages

2

0

100-500 Pages

0

0

501-1000 Pages

0

0

1001-5000 Pages

0

0

More Than 5000 Pages

1

5950

Neither confirmed nor denied

Number of Requests

Number of Pages

Less Than 100 Pages

0

0

100-500 Pages

0

0

501-1000 Pages

0

0

1001-5000 Pages

0

0

More Than 5000 Pages

0

0

Declined to act with the approval of the Information Commissioner

Number of Requests

Number of Pages

Less Than 100 Pages

0

0

100-500 Pages

0

0

501-1000 Pages

0

0

1001-5000 Pages

0

0

More Than 5000 Pages

0

0

4.5.3 Relevant minutes processed and disclosed for audio formats
 

Number

Number of Minutes Processed

0

Number of Minutes Disclosed

0

Number of Requests

0

4.5.4 Relevant minutes processed per request disposition for audio formats for all sizes of requests

Disposition

Number of Requests

Minutes processed

All disclosed

0

0

Disclosed in part

0

0

All exempted

0

0

All excluded

0

0

Request abandoned

0

0

Neither confirmed nor denied

0

0

Declined to act with the approval of the Information Commissioner

0

0

Total

0

0

4.5.5 Relevant minutes processed and disclosed for video formats
 

Number

Number of Minutes Processed

0

Number of Minutes Disclosed

0

Number of Requests

0

4.5.6 Relevant minutes processed per request disposition for video formats for all sizes of requests

Disposition

Number of Requests

Minutes processed

All disclosed

0

0

Disclosed in part

0

0

All exempted

0

0

All excluded

0

0

Request abandoned

0

0

Neither confirmed nor denied

0

0

Declined to act with the approval of the Information Commissioner

0

0

Total

0

0

4.5.7 Other complexities

Disposition

Consultation Required

Legal Advice Sought

Other

Total

All disclosed

0

0

0

0

Disclosed in part

24

0

0

24

All exempted

0

0

0

0

All excluded

0

0

0

0

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

25

0

0

25

4.6 Closed requests
4.6.1 Requests closed within legislated timelines
 

Number

Number of requests closed within legislated timelines

55

Percentage of requests closed within legislated timelines (%)

94.83

4.7 Deemed refusals
4.7.1 Reasons for not meeting legislated timelines

Principal Reason

Number of requests closed past the legislated timelines

Interference with operations/ Workload

1

External Consultation

0

Internal Consultation

0

Other

2

Total

3

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

0

1

1

16 to 30 days

0

0

0

31 to 60 days

1

0

1

61 to 120 days

0

1

1

121 to 180 days

0

0

0

181 to 365 days

0

0

0

More than 365 days

0

0

0

Total

1

2

3

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 Section 69

9(1)(b) Consultation Other

9(1)(c) Third-Party Notice

All disclosed

0

0

0

1

Disclosed in part

15

1

15

20

All exempted

0

0

0

0

All excluded

0

0

0

0

Request abandoned

0

0

0

0

No records exist

0

0

0

0

Declined to act with the approval of the Information Commissioner

1

0

1

1

Total

16

1

16

21

5.2 Length of extensions

Length of Extensions

9(1)(a) Interference With Operations/ Workload

9(1)(b) Consultation Section 69

9(1)(b) Consultation Other

9(1)(c) Third-Party Notice

30 days or less

8

0

0

0

31 to 60 days

6

0

15

16

61 to 120 days

0

1

1

4

121 to 180 days

0

0

0

1

181 to 365 days

2

0

0

0

365 days or more

0

0

0

0

Total

16

1

16

21

Section 6: Fees

6.1a Fees collected

Fee Type

Number of Requests

Amount

Application

55

$275.00

Other fees

0

$0.00

Total

55

$275.00

6.1b Fees waived

Fee Type

Number of Requests

Amount

Application

2

$10.00

Other fees

0

$0.00

Total

2

$10.00

6.1c Fees refunded

Fee Type

Number of Requests

Amount

Application

0

$0.00

Other fees

0

$0.00

Total

0

$0.00

Section 7: Consultations received from other Institutions and Organizations

7.1a Consultations received from other Government of Canada institutions
 

Number of Requests

Number of Pages to Review

Received during reporting period

50

4211

Outstanding from previous reporting periods

1

263

Total

51

4474

7.1b Number of consultation requests from other Government of Canada institutions carried into next reporting period
 

Number of Requests

Number of Pages to Review

Closed during reporting period

46

3646

Carried over to next reporting period within legislated timeline

5

828

Carried over to next reporting period beyond legislated timeline

0

0

7.1c Consultations received from other organizations
 

Number of Requests

Number of Pages to Review

Received during reporting period

6

133

Outstanding from previous reporting periods

0

0

Total

6

133

7.1d Number of consultation requests from other organizations carried into next reporting period
 

Number of Requests

Number of Pages to Review

Closed during reporting period

6

133

Carried over to next reporting period within legislated timeline

0

0

Carried over to next reporting period beyond legislated timeline

0

0

7.2 Recommendations and completion time for consultations received from other Government of Canada institutions
 

1 to 15 Days

16 to 30 Days

31 to 60 Days

61 to 120 Days

121 to 180 Days

181 to 365 Days

Total

Disclose entirely

25

6

2

0

0

0

33

Disclose in part

2

4

3

2

0

0

11

Exempt entirely

0

0

0

0

0

0

0

Exclude entirely

0

0

0

0

0

0

0

Consult other institution

2

0

0

0

0

0

2

Other

0

0

0

0

0

0

0

Total

29

10

5

2

0

0

46

7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
 

1 to 15 Days

16 to 30 Days

31 to 60 Days

61 to 120 Days

121 to 180 Days

181 to 365 Days

Total

Disclose entirely

4

1

0

0

0

0

5

Disclose in part

0

1

0

0

0

0

1

Exempt entirely

0

0

0

0

0

0

0

Exclude entirely

0

0

0

0

0

0

0

Consult other institution

0

0

0

0

0

0

0

Other

0

0

0

0

0

0

0

Total

4

2

0

0

0

0

6

Section 8: Completion time of consultations on Cabinet confidences

8.1 Requests with Legal Services for all sizes

Number of Days

Number of Requests

Pages Disclosed

1 to 15

0

0

16 to 30

0

0

31 to 60

0

0

61 to 120

0

0

121 to 180

0

0

181 to 365

0

0

More than 365

0

0

Total

0

0

8.2 Requests with Privy Council Office

Number of Days

Number of Requests

Pages Disclosed

Size

1 to 15

2

25

Fewer Than 100 Pages Processed

16 to 30

0

0

n/a

31 to 60

0

0

n/a

61 to 120

0

0

n/a

121 to 180

0

0

n/a

181 to 365

0

0

n/a

More than 365

0

0

n/a

Total

0

0

n/a

Section 9: Investigations and reports of finding

9.1 Investigations

Section

Quantity

Section 32 Notice of intention to investigate

19

Subsection 30(5) Ceased to investigate

0

Section 35 Formal Representations

20

9.2 Investigations and Reports of finding
 

Section 37(1) Initial Reports

Section 37(2) Final Reports

Received

5

0

Containing recommendations issued by the Information Commissioner

0

0

Containing orders issued by the Information Commissioner

0

0

Section 10: Court action

10.1 Court actions on complaints
 

Section 41

Complainant (1)

0

Institution (2)

0

Third Party (3)

0

Privacy Commissioner (4)

0

Total

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

$383,000

Overtime

$0

Goods and Services

$0

  • Professional services contracts

$0

  • Other

$0

Total

$383,000

11.2 Human resources

Resources

Person Years Dedicated to Access to Information Activities

Full-time employees

4.906

Part-time and casual employees

0.000

Regional staff

0.000

Consultants and agency personnel

0.000

Students

0.000

Total

4.906

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