Annual Report on the Administration of the Access to Information Act 2023-2024

Table of Contents

• Introduction
• 1. About the Public Service Commission of Canada
  • 1.1 Raison d’être
  • 1.2 Mandate and role
  • 1.3 Programs
• 2. Organizational structure and delegation
  • 2.1 Delegation order
  • 2.2 Organizational structure
• 3. 2023-2024 Performance
  • 3.1 Requests under the Access to Information Act
  • 3.2 Disposition of requests completed
  • 3.3 Exemptions and exclusions invoked
  • 3.4 Completion time and extensions
  • 3.5 Format of information released
  • 3.6 Consultations
  • 3.7 Informal requests
  • 3.8 Complaints
  • 3.9 Proactive Publication under Part 2 of the Act
• 4. Summary of ATIP Office activities
  • 4.1 Training and awareness
  • 4.2 Policies, guidelines and procedures
  • 4.3 Initiatives and projects to improve access to information
  • 4.4 Key Issues and Actions Taken on Complaints
  • 4.5 Monitoring compliance
• 5. Fees
• Annex A – Delegation Order
• Annex B – 2023–2024 Access to Information Act Statistical Report
• Annex C – Supplemental Statistical Report on the Access to Information Act and the Privacy Act

Introduction

The Access to Information Act (the Act) came into force on July 1, 1983. The Act gives Canadian citizens and permanent residents as well as other individuals present in Canada a broad right of access to information contained in government records, subject to certain specific and limited exceptions.

On December 12, 2006, the Act was amended as a result of the Federal Accountability Act. In June 2019, the Act was amended again. Its scope was expanded to include proactive publication of information.

Section 94 of the Act requires that the head of every federal institution produce an annual report on the administration of the Act by the institution. The report must be submitted to Parliament in the first 15 sitting days of the parliamentary session after September 1.

Prepared and tabled in accordance with section 94 of the Act and with section 20 of the Service Fees Act, this annual report summarizes the administration of the Act within the Public Service Commission of Canada for the 2023–2024 fiscal year.

This report is also available on the Publications page of the Public Service Commission of Canada’s website.

1. About the Public Service Commission of Canada

1.1 Raison d’être

The President of the King’s Privy Council for Canada is identified as the appropriate minister for the Public Service Commission of Canada (PSC) in accordance with the Financial Administration Act. The PSC reports independently on its mandate to Parliament.

Through collaboration with departments and agencies, the PSC is dedicated to building tomorrow’s public service that is based on excellence and is representative of Canada’s diversity. It safeguards non-partisanship and promotes and protects merit and the use of both official languages in a staffing and recruitment context. It supports departments and agencies in recruiting talented people from coast to coast using innovative and modern services, tools, and practices.

1.2 Mandate and role

Under the delegated staffing system set out in the Public Service Employment Act, the PSC fulfills its mandate by promoting and safeguarding a non-partisan, merit-based and representative public service that serves all Canadians. It does this by:

• supporting departments and agencies in hiring qualified individuals into and within the public service
• overseeing and ensuring the integrity of public service hiring
• protecting the non-partisan nature of the public service while respecting employees’ rights to participate in political activities
• delivering recruitment programs and assessment services

1.3 Programs

As per the Service Inventory, the PSC delivers services via three programs, with support from Internal Services, all of which support the delivery of its departmental results. While the programs correspond closely to the PSC sectors, they were not defined based on the organizational structure. In fact, a program’s departmental result can be the result of work accomplished in more than one sector.

Policy Direction and Support

The Policy Direction and Support Program exists to support departments and agencies in hiring qualified individuals into and within the public service, in experimenting and innovating with their staffing approaches and supporting strategies to help them both meet their business needs and achieve their diversity and employment equity objectives. This program establishes government-wide direction on staffing through regulations and policy and provides guidance to organizations to enable legislative, regulatory and policy compliance. It also assesses public servants' requests for permission to become candidates for elected office and conducts outreach to ensure public servants know their legal rights and responsibilities regarding political activities.

Recruitment and Assessment Services

The Recruitment and Assessment Services Program supports departments and agencies in the hiring of qualified individuals into and within the public service, helping to shape a workforce reflecting Canada’s diversity. This includes the delivery of recruitment programs, student programs, assessment and accommodation services, and the administration of legislated priority entitlements. Through outreach and the use of modern tools, online systems, and technology, the program reduces barriers for Canadians accessing public service jobs. It also collaborates with departments and agencies to create and implement innovative staffing and assessment approaches to meet the Government of Canada’s strategic recruitment priorities and renew the public service.

Oversight and Monitoring

The Oversight and Monitoring Program supports the integrity of the merit-based public service hiring process and helps identify areas for continuous improvement of the public service. The program performs audits and investigations and conducts surveys to monitor organizational compliance with staffing legislation, regulations, policies, and to provide a system-wide view of the public service staffing environment. This program also monitors and analyzes hiring data and conducts research to provide departments and agencies, and Canadians, with an informed view of the dynamics of public service hiring.

Internal Services

Internal services are the services that are provided within a department so that it can meet its corporate obligations and deliver its programs. There are 10 categories of internal services: Financial Management Services, Acquisition Management Services, Materiel Management Services, Human Resources Management Services, Information Management Services, Information Technology Services, Communications Services, Legal Services, Management and Oversight Services, Real Property Management Services.

2. Organizational structure and delegation

The PSC has a stable and effective Access to Information and Privacy (ATIP) program. The ATIP Office works closely with PSC employees to make sure all requests are handled on time. It relies on open communication with PSC sectors, government organizations, third parties and requestors to ensure optimal application of the Act. A new President of the Public Service Commission was appointed in January 2024.

2.1 Delegation order

The President of the PSC is designated as the head of the institution for the administration of the Act. Subsection 95(1) of the Act allows the President to sign an order authorizing one or more delegated officers or employees to exercise specific powers, duties, or functions. Some provisions resulting from the amendments to the Act can only be exercised at the PSC by the President.

Most of the President’s powers, duties and functions under the Actare delegated to the Director, Sector Management and ATIP Coordination. The Director is the designated ATIP Coordinator for the PSC. Partial delegation is also provided to the ATIP Manager, who has operational responsibility for the application of the Act.

Refer to Annex A – Delegation Order to consult the delegation order that was in effect at the end of the reporting period.

2.2 Organizational structure

ATIP Office

The ATIP Office supports the Director, Sector Management and ATIP Coordination (the Director) in administering the provisions of the Act and related Treasury Board Secretariat (TBS) policies for the PSC. Housed in the Chief Financial Officer and Vice-President’s Office of the Corporate Affairs Sector, in the National Capital Region, the ATIP Office is currently supported by a Manager, a Senior Advisor and 2 Analysts.

The Director is responsible for developing, reviewing and implementing effective policies, guidelines, systems and procedures to ensure requests are processed efficiently under the Act and as directed by TBS policies and directives. The activities of the Director include:

• responding to requests made under the Act
• acting as spokesperson for the PSC in dealings with TBS, the Office of the Information Commissioner, and other government departments and agencies on matters related to the Act
• responding to consultation requests submitted by other government institutions with respect to PSC documents
• reviewing information collected in accordance with the Policy on Communications and Federal Identity and the Mandatory Procedures for Public Opinion Research
• preparing the Annual Report to Parliament on the administration of the Act and other statutory reports, as well as other material that may be required by central agencies
• promoting awareness and providing advice to PSC employees to ensure that obligations under the Act and TBS policies are met, and assessing their impact on various program initiatives
• monitoring the PSC’s compliance with the Act, regulations and other relevant policies and procedures, including those relevant to proactive publication

In addition to receiving and processing requests made under the Act, the ATIP Office provides general and personalized training sessions to employees, maintains policies and procedures, provides support to sector liaison officers, and makes sure employees understand their roles, responsibilities and obligations under the Act.

The Senior Advisor supports the Manager in reviewing requests for access to information received by the PSC as well as conducting regular reviews of the departmental Info Source chapter.

The Analysts are responsible for processing requests and consultations under the Act, preparing responses and supporting all other ATIP responsibilities.

The PSC did not enter into any new service agreements for ATIP services with other government institutions during the reporting period.

Liaison Officers

The ATIP Office processes requests with the help of liaison officers, who are employees across the organization with extensive knowledge of their respective sector’s activities which enables them to act as the point of contact between their area and the ATIP Office. There is a liaison officer for each sector of the PSC, as well as for the Corporate Secretariat and the Office of the Chief Audit and Evaluation Executive.

Liaison officers play an important role in making sure the PSC thoroughly searches its record holdings when handling requests, by:

• assigning program experts to search for relevant records
• advising if there are other offices of primary interest
• informing the ATIP Office of any issues regarding specific requests (delays, interference with operations, need to consult)
• delivering relevant records, with sector recommendations, to the ATIP Office

Proactive Publication

The PSC is subject to sections 82 to 89 of the Act and is therefore required to publish proactively travel expenses, hospitality expenses, reports tabled in parliament, reclassification of positions, contracts, and briefing materials.

Within the PSC, these obligations are met through the actions of relevant program areas and Executives within each directorate regularly monitor compliance to ensure the accuracy, completeness and timeliness of proactively published information.

Refer to section 3.9 for more detailed information on these requirements.

3. 2023-2024 Performance

In the 2023-2024 reporting period, the PSC received a total of 75 requests under the Access to Information Act and the Privacy Act. This is a 4% decrease in overall volume received compared to the previous year. Excluding the limited surge in requests under the Privacy Act observed in 2015-2016 and 2016-2017, the overall number of requests received during the reporting period remains comparable to the average annual volume received by the PSC over the last 10 reporting periods.

3.1 Requests under the Access to Information Act

From April 1, 2023, to March 31, 2024, the PSC received 40 requests under the Access to Information Act. An additional 3 requests were carried over from the previous reporting period. This is a 18% increase in requests received compared with the previous year.

The PSC closed a total of 33 requests during the reporting period. A total of 5,228 pages were processed, of which 4,659 pages were approved for disclosure in whole or in part. At the end of this reporting period, 3 requests were still being processed and were carried over within the legislated timelines.

Requests closed during the reporting period touched on similar topics as those received in previous years:

• 9 (27%) pertained to Employment Equity
• 7 (21%) were for Briefing Notes
• 6 (18%) pertained to Second Language Evaluation
• 1 (3%) was for statistics or raw data related to PSC program activities
• 1 (3%) pertained to a staffing process
• 1 (3%) pertained to Investigations
• 4 (12%) were for various other types of information
• 4 (12%) were for information not related to the PSC (these requestors received information to help them better direct their enquiries)

3.2 Disposition of requests completed

For the 33 requests closed during this reporting period, information was released in whole or in part in 25 cases, representing 76% of the total volume. The remaining 8 requests were either abandoned by the applicant (3%), transferred to another department (6%) or no records existed (12%). In one case, the information was entirely exempted (3%).

3.3 Exemptions and exclusions invoked

Sections 13 to 26 of the Act set out exemptions to protect information from disclosure. When the PSC used those exemptions, it applied the principle of severing (section 25 of the Act) to release as much information as possible.

During the reporting period, the exemptions used most often were for personal information (subsection 19(1)) and operations of government (section 21).

The PSC invoked exclusions under section 69(1)(a) on 4 occasions during the reporting period, as it related to information that was considered to be Cabinet confidence.

3.4 Completion time and extensions

Of the 33 requests closed during the reporting period:

• 7 (21%) were closed within 15 days
• 15 (46%) were closed within 30 days
• 10 (30%) were closed within 31 to 60 days
• 1 (3%) was closed within 61 to 120 days

Of the 11 requests closed beyond the initial 30 days, all but one required an extension. This other request did not require an extension as the due date fell on a statutory holiday and it was closed on the following business day. When the due date of a request falls on a weekend or a statutory holiday, the request is deemed to be completed on time if the response is issued during the next available working day.

The 30-day response time required by law may be extended under subsection 9(1) of the Act. A request may be extended as per multiple provisions of this subsection. During the reporting period, the extension provision was invoked once due to interference with operations/workload pressures, and 10 times due to internal consultations.

All requests were closed within the time limits established under the Act.

3.5 Format of information released

All information released, in whole or in part, during the reporting period was provided in electronic format.

3.6 Consultations

The PSC received 16 requests for consultation from other government institutions, all of which were closed during this reporting period. Of these, 13 requests were completed within 15 days of reception and 3 were completed within 30 days. The processing of these consultations required the review of 452 pages.

Of the 16 consultation requests closed during the reporting period, the PSC:

• agreed to the full release of records for 15 requests
• recommended consultation of another institution for 1 request

The PSC did not consult other government departments and agencies in relation to the processing of any requests completed during the reporting period.

3.7 Informal requests

The PSC’s policy is to handle new requests informally when records have already been released in response to previous requests under the Act. By doing this, the PSC strives to improve and facilitate access.

During the reporting period, 46 informal requests were received and completed, which allowed for the re-release of 3,304 pages.

Summaries of completed Access to Information requests are posted on the Open Data Portal.

3.8 Complaints

During the reporting period, 8 new complaints against the PSC were received by the Office of the Information Commissioner regarding the processing of requests under the Act. Three complaints, received in 2022-2023, are still outstanding.

Of these 11 complaints, 1 were related to exemptions or exclusions applied to the information released to the requestor, 8 were related to extension of time and 2 were related to missing or incomplete records. At the close of the reporting period, 9 complaints had been assigned to investigator at the Office of the Information Commissioner and 2 were still awaiting assignment.

3.9 Proactive Publication under Part 2 of the Act

As per Part 2 of the Act, the PSC is obligated to ensure the proactive publication of travel and hospitality expenses, reports tabled in Parliament, contracts over $10,000, briefing materials prepared for new or incoming deputy head, the title and reference number of memoranda prepared for the deputy head, and briefing materials prepared for the deputy head’s appearance before a committee of Parliament. 

Currently, responsibility for ensuring and monitoring of proactive publication activities is decentralized at the PSC and resides with individual executives in the relevant program areas.

Finance and Administration Directorate (Corporate Affairs Sector)

The Finance and Administration Directorate (FAD) protects the integrity of the PSC's business activities by managing all financial and procurement services, including financial management and controls according to Acts, regulations and central agency requirements. This includes strategic business planning, reporting and organizational performance measurement.

During the reporting period, the FAD ensured the proactive publication of information related to travel expenses, hospitality expenses and contracts over $10,000. The PSC does not have any grants and contribution.

* At the time of writing this report, hospitality expenses from January 2023 to March 2024 were not visible on the Open Government Portal. However, evidence supports that steps were taken to publish the information as directed by the Act. The PSC swiftly reacted to correct the situation and the information available on the Portal was up to date at the time of publication of this report.

Human Resources Management Directorate (Corporate Affairs Sector)

The Human Resources Management Directorate (HRMD) provides strategic and operational services to PSC Executives, Managers, and Employees impacting the workforce and workplace. More specifically, the HRMD enables effective people management with timely hiring and onboarding, learning, development and talent management, HR planning focusing on diversity and inclusion, and it ensures a healthy, safe, and secure workplace. 

During the reporting period, the PSC did not proceed with the reclassification of any positions. The HRMD updated its information on the Open Government Portal with nil reports on a quarterly basis.

ATIP Office (Corporate Affairs Sector)

The ATIP Office, through powers delegated by the PSC President, ensures proper administration of the Act, develops and implements efficient procedures to process requests under the Act, provides advice and training, promotes awareness on obligations under the Acts, and monitors the PSC's compliance with the Acts, regulations, procedures and policies.
The ATIP Office collects the titles and reference numbers of briefing notes prepared for the President from the Corporate Secretariat, reviews the information for accuracy, consults OPIs where necessary, and uploads the information to the Open Government Portal on a monthly basis.

Communications and Parliamentary Affairs Directorate (Policy and Communications Sector)

This directorate provides the PSC with internal and external communications advice and guidance. It also provides strategic and operational advice and services to the President, vice-presidents and sectors, guides the PSC's special relationship with Parliament and manages communications with parliamentarians, delivers communications and media relations advice and services, provides leadership in PSC corporate and internal communications, and provides web, graphic design, writing, editing and social media.

During the reporting period, the directorate ensured publication on the PSC’s website of all reports tabled in Parliament, and supported the development of briefing information for the arrival of the new President (deputy head). As the appointment took place less than 120 days before the end of the reporting period, the deadline to proactively publish had not yet been reached.

The PSC deputy head did not appear before a committee of Parliament during this reporting period.

4. Summary of ATIP Office activities

4.1 Training and awareness

The ATIP Office continues to offer a core training program for PSC supervisors and managers, delivered upon request. The main goal of this training program is to make sure supervisors and managers are fully aware of their responsibilities under the Actand related policies.

It also promotes the Canada School of Public Service’s self‑directed course Access to Information and Privacy Fundamentals (COR502) for all employees.

4.2 Policies, guidelines and procedures

In this reporting period, no policies, guidelines, procedures or other key documents were developed or updated by the ATIP Office.

4.3 Initiatives and projects to improve access to information

Case Management System

The PSC currently relies on AccessPro Case Management to track all requests. This tool is outdated and will need to be replaced in the near future. In consultation with TBS ATIP Digital Services, the ATIP Office has engaged with the Information Technology Services Directorate in Corporate Affairs Sector, to undertake the analysis required to choose a viable replacement option and to plan for potential deployment in the 2025-2026 fiscal year.

4.4 Key Issues and Actions Taken on Complaints

The ATIP Office endeavors to meet requestor needs for information from the outset, ensuring thorough analysis of requests submitted and establishing clear communication with requestors. Accurate interpretation of the request is key to meeting information needs, and analysts connect with requestors to obtain clarifications when needed.

Response letters contain a description of the requestors right to register a complaint with the Office of the Information Commissioner, as well as contact information and supplementary guidance, where appropriate.

Upon notification that a complaint has been received by the Office of the Commissioner, the PSC ATIP Office collaborates with investigators to provide relevant documentation and commits to incorporating any lessons learned into existing processes.

4.5 Monitoring compliance

In order to ensure that all requests are handled in an appropriate manner, the PSC ATIP Office relies on software tools, namely AccessPro Case Management, to track all requests as they are received, analyzed and completed. For each request, information is input to document every step taken throughout processing, including any discussions with the requestor or with an office of primary interest (OPI) to clarify elements of the request. This process also allows for scheduling and monitoring of time taken to complete a request and to plan for any potential extensions. The ATIP Office assists the OPIs throughout the information retrieval process and takes steps to ensure timelines are met.

Employees of the ATIP Office meet regularly to discuss ongoing requests, and the Director, Sector Management and ATIP Coordination is briefed on workload and other related issues on a weekly basis.

Monitoring of proactive publication was not yet implemented during the reporting period. However, lessons learned in compiling information for this report have led to the development of a monitoring process to ensure continued compliance.

5. Fees

The Service Fees Actrequires 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.

• Enabling authority: Access to Information Act
• Fee payable: A $5 application fee is the only fee charged for Access to Information requests.
• Total revenue 2023-2024: $175 in application fees.
• Fees waived or refunded 2023-2024: $10 in application fees were waived.

Annex A – Delegation Order

As President of the Public Service Commission, I confirm that the following reflects how my powers, duties and functions as the head of the government institution were delegated at the end of the reporting period (March 31, 2024).

Access to Information Act – Delegation Order

The President of the Public Service Commission of Canada, as the head of the government institution, hereby designates pursuant to section 95 of the Access to Information Act, the persons holding the positions set out below, or the persons occupying on an acting basis those positions, to exercise any of the powers, duties or functions of the Head of the government institution vested in them by the Act.

This delegation is effective as of December 22, 2020.

Appendix A

Access to Information Act

Access to Information Regulations

Annex B – 2023–2024 Access to Information Act Statistical Report

Name of institution: Public Service Commission of Canada

Reporting period: April 1, 2023 to March 31, 2024

Section 1: Requests Under the Access to Information Act

1.1 Number of requests

1.2 Source of requests

1.3 Channels of requests

Section 2: Informal requests

2.1 Number of informal requests

2.2 Channels of informal requests

2.3 Completion time of informal requests

2.4 Pages released informally

2.5 Pages re-released informally

Section 3: Applications to the Information Commissioner on Declining to Act on Requests

Section 4: Requests Closed During the Reporting Period

4.1 Disposition and completion time

4.2 Exemptions

* I.A.: International Affairs Def.: Defence of Canada S.A.: Subversccccive Activities

4.3 Exclusions

4.4 Format of information released

4.5 Complexity

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

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

4.5.3 Relevant minutes processed and disclosed for audio formats

4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests

4.5.5 Relevant minutes processed and disclosed for video formats

4.5.6 Relevant minutes processed per request disposition for video formats by size of requests

4.5.7 Other complexities

4.6 Closed requests

4.6.1 Requests closed within legislated timelines

4.7 Deemed refusals

4.7.1 Reasons for not meeting legislated timelines

4.7.2 Requests closed beyond legislated timelines (including any extension taken)

4.8 Requests for translation

Section 5: Extensions

5.1 Reasons for extensions and disposition of requests

5.2 Length of extensions

Section 6: Fees

Section 7: Consultations Received from Other Institutions and Other organizations

7.1 Consultations received from other Government of Canada institutions and other organizations

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

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

Section 8: Completion Time of Consultations on Cabinet Confidences

8.1 Requests with Legal Services

8.2 Requests with Privy Council Office

Section 9: Investigations and Reports of finding

9.1 Investigations

9.2 Investigations and Reports of finding

Section 10: Court Action

10.1 Court action on complaints

10.2 Court action on third party notifications under paragraph 28(1)(b)

Section 11: Resources Related to the Access to Information Act

11.1 Allocated Costs

11.2 Human Resources

Annex C – Supplemental Statistical Report on the Access to Information Act and the Privacy Act

Name of institution: Public Service Commission of Canada

Reporting period: April 1, 2023 to March 31, 2024

Section 1: Open Requests and Complaints Under the Access to Information Act

1.1 Enter the number of open requests that are outstanding from previous reporting periods.

1.2 Enter the number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods.

Section 2: Open Requests and Complaints Under the Privacy Act

2.1 Enter the number of open requests that are outstanding from previous reporting periods.

2.2 Enter the number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods.

Section 3: Social Insurance Number

Section 4: Universal Access Under the Privacy Act