2015-2016 Annual Report on the Administration of the Access to Information Act

The Access to Information Act

The Access to Information Act (hereafter the “Act”) gives Canadian citizens, as well as individuals and corporations present in Canada, the right to access federal government records that are not of a personal nature. The public’s right of access to information is balanced against the legitimate need to protect sensitive information and to permit effective functioning of government, while promoting transparency and accountability in government institutions.

The Act complements but does not replace other procedures for obtaining government information. It is not intended to limit in any way access to government information normally available to the public upon request.

Section 72 of the Act requires the head of every government institution to submit an annual report to Parliament on the administration of the Act during the fiscal year. This report describes how the Canadian Security Intelligence Service (CSIS) administered the Act throughout fiscal year 2015-2016.

Overview of the Canadian Security Intelligence Service

In 1984, the Government of Canada passed an Act of Parliament for the creation of a civilian security intelligence service. This legislation not only gave birth to CSIS, it also clarified the differences between security intelligence activities and law-enforcement work, bringing to an end the 120-year interlocking of Canada's security intelligence service with the federal police force. CSIS came into existence on July 16, 1984.

CSIS is at the forefront of Canada's national security establishment; and as such, its programs are proactive and pre-emptive. Its role is to investigate threats, analyze information and produce intelligence. CSIS reports to, and advises, the Government of Canada so as to protect the country and its citizens. Key threats include terrorism, espionage, foreign interference, the proliferation of weapons of mass destruction and cyber-threats against critical information systems and infrastructure.

Through its Security Screening Program, CSIS provides advice that prevents non-Canadians who pose security concerns from entering Canada or receiving permanent resident status or citizenship. CSIS also helps prevent individuals of security concern from gaining access to Canadian information, assets, sites or events.

The Access to Information and Privacy Section

The Access to Information and Privacy (ATIP) Section reports to the Assistant Director Intelligence via the Director General Litigation and Disclosure Branch. The ATIP Section has an establishment of 15 employees to fulfill CSIS’ obligations under the Access to Information Act and the Privacy Act. The CSIS Legal Services Branch provides legal advice as required.

When fully staffed, the ATIP Section is comprised of a Chief, a Deputy Chief, three unit Heads, eight Analysts and two Officers. During the reporting period, 14 positions were filled and the Deputy Chief position was vacant. All staff in the ATIP Section is fully dedicated to the administration of the ATIP program within CSIS, providing high-quality and timely responses to our clients.

Listed below are the ATIP Section’s responsibilities vis-à-vis the Access to Information Act:

• receive and process all requests in accordance with the Act;
• assist requesters in formulating their requests when required;
• gather all pertinent records and ensure that the search for information is rigorous and complete;
• assess fees;
• conduct the initial record review and provide recommendations to the program areas;
• conduct all internal and external consultations;
• consolidate the recommendations;
• apply all discretionary and mandatory exemptions under the Act;
• assist the Office of the Information Commissioner (OIC) in all access to information related matters including complaints against CSIS;
• represent CSIS in access to information litigation cases;
• coordinate the annual Info Source update and submission to Treasury Board Secretariat (TBS);
• prepare the annual report on the administration of the Act;
• provide ongoing advice and guidance to senior management and departmental staff on all matters related to the access to information program;
• promote access to information awareness and training sessions within the department to ensure all staff are aware of the obligations imposed by the legislation;
• monitor departmental compliance with the Act, regulations and relevant procedures and policies;
• respond to consultations received from external organizations;
• maintain the CSIS public reading room;
• develop and maintain access to information policies and guidelines; and
• participate in ATIP community activities, such as the annual Canadian Access and Privacy Association (CAPA) conference, TBS ATIP community meetings and various working groups.

Monitoring the progress of requests

There is a robust case monitoring system in place using reports produced by the ATIP Case Management software. The status of requests is monitored by the Chief ATIP and the unit heads on an ongoing basis.

Performance

A total of 669 requests were received in the 2015-2016 fiscal year. This represents an increase of 83% from the previous year. Although faced with a significant increase in volume, the Service closed 708 requests and maintained a high on-time compliance rate of 98%.

Deemed Refusals

Fifteen requests were closed past the statutory deadlines due to external and internal consultations, workload and other.

• 1 because of workload;
• 6 because of external consultations;
• 7 because of internal consultations; and
• 1 because of other reasons.

Other Requests

The ATIP Section also acted as a resource for CSIS officials and offered advice and guidance on the provisions of the legislation. The ATIP Section was consulted on issues relating to a range of matters, such as information management issues, security of information, draft policies and memoranda of understanding and releases of information made by CSIS outside the parameters of the Act.

Education and Training

During the 2015-2016 reporting period, no training was done; but, the ATIP Section continued to conduct awareness sessions through an ATIP e-learning narrated slides. The narrated slides are a requirement for all new employees and act as a reference for all others. The narrated slides provide participants with an overview of the Access to Information Act and the Privacy Act, to promote a better understanding of their responsibilities and obligations under the Acts and awareness of the ATIP process within CSIS. They were viewed by 155 employees.

Delegation of Authority

In accordance with section 73 of the Access to Information Act, a delegation order signed by the Minister of Public Safety Canada designates the persons holding the positions of Director of CSIS, the Assistant Director Intelligence, the Director General, Litigation and Disclosure Branch and the Chief ATIP to exercise and perform the duties of the Minister as Head of the institution. The order was issued on March 8, 2016, by the Minister of Public Safety Canada, the Honourable Ralph Goodale.

Requests under the Access to Information Act

During this reporting period,

• 669 requests were received;
• 708 requests were closed;
• 90 requests were outstanding from the previous reporting period;
• 51 requests were carried over to the next reporting period; and
• 329 requests were treated informally.

The subject matter of the requests covered mainly correspondence related to Briefing Notes, Intelligence Reports and Security Threat Assessments.

 

The following table maps out the trend for the previous three years.

Request Status	Fiscal Year
	2013-2014	2014-2015	2015-2016
Requests Received	268	366	669
Requests closed	281	314	708
Requests were outstanding from the previous period	61	48	90
Requests carried over to the next reporting period	48	100	51
Informal requests completed	635	298	329

Sources of Requests

Of the 669 new requests received during 2015-2016:

• 161 came from the media;
• 79 from academia;
• 26 from business;
• 0 from organization;
• 334 from the public; and
• 69 decline to identify.

Disposition of Completed Requests

The dispositions of the 708 requests completed in 2015-2016 were as follows:

• 13 were all disclosed;
• 179 were disclosed in part;
• 18 were all exempted;
• 0 were all excluded;
• 63 were no records exist;
• 7 were transferred;
• 42 were abandoned; and
• 386 were neither confirmed nor denied.

The table below shows the trend over the last three years.

Request Disposition	Fiscal Year
	2012-2013	2013-2014	2014-2015
All disclosed	1	3	13
Disclosed in part	121	130	179
All exempted	23	13	18
All Excluded	3	3	0
No records exist	93	35	63
Request transferred	6	4	7
Request abandoned	34	46	42
Neither confirmed nor denied		80	386

Completion Rate

During the 2015-2016 fiscal year, the CSIS ATIP Section completed the 708 requests within the following time frames:

• 173 completed in 0 to 15 days;
• 407 completed in 16 to 30 days;
• 26 completed in 31 to 60 days;
• 41 completed in 61 to 120 days;
• 42 completed in 121 to 180 days;
• 19 completed in 181 to 365 days; and
• 0 completed over 365 days.

Exemptions Invoked

The ATIP Section invoked exemptions under the Act a total of 1,261 times, as follows:

• 81 times under paragraph 13(1)(a) (information obtained in confidence);
• 1 time under paragraph 13(1)(b) (information obtained in confidence);
• 10 times under paragraph 13(1)(c) (information obtained in confidence);
• 9 times under paragraph 13(1)(d) (information obtained in confidence);
• 1 time under paragraph 13(1)(e) (information obtained in confidence);
• 56 times under subsection 15(1) (international affairs);
• 2 times under subsection 15(1) (defence of Canada);
• 246 times under subsection 15(1) (subversive activities);
• 10 times under subparagraph 16(1)(a)(i) (law enforcement and investigations);
• 5 times under subparagraph16(1)(a)(ii) (law enforcement and investigations);
• 139 times under subparagraph 16(1)(a)(iii) (law enforcement and investigations);
• 60 times under paragraph 16(1)(b) (law enforcement and investigations);
• 147 times under paragraph 16(1)(c) (law enforcement and investigations);
• 16 times under paragraph 16(2);
• 2 times under paragraph 16(2)(a) (vulnerabilities);
• 24 times under paragraph 16(2)(c) (vulnerabilities);
• 7 times under section 17 (safety of individuals);
• 1 time under paragraph 18(b) (economic interests of Canada);
• 131 times under subsection 19(1) (personal information);
• 1 time under paragraph 20(1)(b) (third party information);
• 1 time under paragraph 20(1)(d) (third party information);
• 62 times under paragraph 21(1)(a) (advice, etc.);
• 59 times under paragraph 21(1)(b) (advice, etc.);
• 16 times under paragraph 21(1)(c) (advice, etc.);
• 11 times under paragraph 21(1)(d) (advice, etc.);
• 2 times under section 22;
• 30 times under section 23 (solicitor-client privilege);
• 126 times under subsection 24(1) (statutory prohibitions against disclosure); and
• 5 times under section 26.

Exclusions Cited

The ATIP Section invoked exclusions under the Act a total of 93 times, as follows:

• 11 times under subsection 68(a) (Act does not apply to certain materials/information);
• 6 times under paragraph 69(1)(a) (confidences of the Queen’s Privy Council for Canada);
• 5 times under paragraph 69(1)(b) (confidences of the Queen’s Privy Council for Canada);
• 5 times under paragraph 69(1)(d) (confidences of the Queen’s Privy Council for Canada);
• 8 times under paragraph 69(1)(e) (confidences of the Queen’s Privy Council for Canada); and
• 58 times under paragraph 69(1)(g) (confidences of the Queen’s Privy Council for Canada).

Format of Information Released

During this reporting period, CSIS disclosed the information 152 times in paper and 40 times in electronic format.

Translation of Requests

No requests for translation were received.

Extensions

During this reporting period, 123 extensions were taken for the following reasons:

• 25 extensions under paragraph 9(1)(a) (interference with operations);
• 3 extensions under paragraph 9(1)(b) (section 69); and
• 95 extensions under paragraph 9(1)(b) (other).

Length of Extensions

During the 2015-2016 fiscal year, the extensions cited above were taken for the following lengths of time:

• 19 for 30 days or less;
• 11 for 31 to 60 days;
• 53 for 61 to 120 days;
• 35 for 121 to 180 days;
• 5 for 181 to 365 days; and
• 0 for more than 365 days.

Fees

CSIS collected a total of $3,433.00 in fees. The fees were divided as follows:

• $3,375 in application fees;
• $52 for search; and
• $6 in reproduction charges.

A total of $3,011.00 in fees were waived or refunded:

• $120 in application fees;
• $237 for search, and
• $2,654 in reproduction fees.

Consultations Received from Other Government of Canada Institutions

During this reporting period,

• 293 consultation requests were received;
• 31 were carried forward from the previous year;
• 287 consultations were closed; and
• 37 were carried over to the next year.

The table below shows the three-year trend.

Consultation Status	Fiscal Year
	2013-2014	2014-2015	2015-2016
Consultations received	319	234	293
Consultations carried forward from previous year	49	43	31
Consultations completed	325	247	287
Consultations carried forward to next year	43	30	37

Completion Time for Consultations Received from Other Government of Canada Institutions

During the 2015-2016 fiscal year, the CSIS ATIP Section completed the consultations within the following time frames:

• 109 completed in 0 to 15 days;
• 67 completed in 16 to 30 days;
• 49 completed in 31 to 60 days;
• 33 completed in 61 to 120 days;
• 22 completed in 121 to 180 days;
• 7 completed in 181 to 365 days; and
• 0 completed in more than 365 days.

Consultations Received from Other Organizations

One consultation was received from another organization.

Completion Time of Consultations on Cabinet Confidences

During this reporting period, 3 consultations responses were received from either the Privy Council Office or the Department of Justice. No responses were received past the deadline. The consultations were completed within the following time:

• 1 was received in 0 to 15 days - none past the deadline;
• 1 was received in 16 to 30 days - none past the deadline;
• 1 was received in 31 to 60 days - none past the deadline;
• None were received in 61 to 120 days;
• None were received in 121 to 180 days;
• None were received in 181 to 365 days; and
• None took more than 365 days.

Complaints and Investigations with the Office of the Information Commissioner during 2015-2016

• 34 complaints were filed;
• 10 related to Incomplete Search; and
• 24 related to Special Delegations.
• 26 complaints remain active; and
• 9 complaints were closed.
• 3 were Settled; and
• 6 were Not Well Founded.

Resources Related to the Administration of the Access to Information Act

During the 2015-2016, the ATIP Section incurred an estimated $585,491 in salaries, $99 in overtime and $1,358 in costs relating to goods and services for a total of $586,948.

Significant Changes to Organization, Programs, Operations or Policy

None to report.

Overview of New or Revised Access to Information Act-related Policies and Procedures Implemented

None to report.

Changes As a Result of Issues Raised by the Office of the Information Commissioner

None to report.

Changes As a Result of Issues Raised by Other Agents of Parliament

None to report.

Federal Court Cases

There are no pending cases against CSIS.

 

2015-2016 Statistical report on the Access to Information Act

Name of the institution: Canadian Security Intelligence Service

Reporting period: 01 April 2015 to 31 March 2016

Part 1 – Requests under the Access to Information Act

1.1 Number of Requests

	Number of Requests
Received during reporting period	669
Outstanding from the previous period	90
Total	759
Closed during reporting period	708
Carried over to the next period	51

1.2 Sources of requests

Source	Number of Requests
Media	161
Academia	79
Business (Private Sector)	26
Organization	0
Public	334
Decline to Identify	69
Total	669

1.3 Informal requests

Completion Time
1 to 15 Days	16 to 30 Days	31 to 60 Days	61 to 120 Days	121 to 180 Days	181 to 365 Days	More Than 365 Days	Total
316	13	0	0	0	0	0	329

Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.

Part 2 – Requests closed during the reporting period

2.1 Disposition and completion time

Disposition of requests	Completion time
	1 to 15 days	16 to 30 days	31 to 60 days	61 to 120 days	121 to 180 days	181 to 365 days	More than 365 days	Total
All disclosed	11	1	1	0	0	0	0	13
Disclosed in part	10	49	19	41	41	19	0	179
All exempted	3	14	0	0	1	0	0	18
All excluded	0	0	0	0	0	0	0	0
No records exist	17	44	2	0	0	0	0	63
Request transferred	7	0	0	0	0	0	0	7
Request abandoned	38	3	1	0	0	0	0	42
Neither confirmed nor denied	87	296	3	0	0	0	0	386
Total	173	407	26	41	42	19	0	708

2.2 Exemptions

Section	Number of requests
13(1)(a)	81
13(1)(b)	1
13(1)(c)	10
13(1)(d)	9
13(1)(e)	1
14	0
14(a)	0
14(b)	0
15(1)	0
15(1) - International Affairs	56
15(1) - Defence of Canada	2
15(1) - Subversive Activities	246
16(1)(a)(i)	10
16(1)(a)(ii)	5
16(1)(a)(iii)	139
16(1)(b)	60
16(1)(c)	147
16(1)(d)	0
16(2)	16
16(2)(a)	2
16(2)(b)	0
16(2)(c)	24
16(3)	0
16(1)(a)(i)	0
16.1(1)(a)	0
16.1(1)(b)	0
16.1(1)(c)	0
16.1(1)(d)	0
16.2(1)	0
16.3	0
16.4(1)(a)	0
16.4(1)(b)	0
16.5	0
17	7
18(a)	0
18(b)	1
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)	131
20(1)(a)	0
20(1)(b)	1
20(1)(b).1	0
20(1)(c)	0
20(1)(d)	1
20.1	0
20.2	0
20.4	0
21(1)(a)	62
21(1)(b)	59
21(1)(c)	16
21(1)(d)	11
22	2
22.1(1)	0
23	30
24(1)	126
26	5

2.3 Exclusions

Section	Number of requests
68(a)	11
68(b)	0
68(c)	0
68.1	0
68.2(a)	0
68.2(b)	0
69(1)	0
69(1)(a)	6
69(1)(b)	5
69(1)(c)	0
69(1)(d)	5
69(1)(e)	8
69(1)(f)	0
69(1(g) re (a)	17
69(1(g) re (b)	1
69(1(g) re (c)	5
69(1(g) re (d)	11
69(1(g) re (e)	16
69(1(g) re (f)	8
69.1(1)	0

2.4 Format of information released

Disposition	Paper	Electronic	Other formats
All disclosed	3	10	0
Disclosed in part	149	30	0
Total	152	40	0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed

Disposition of requests	Number of pages processed	Number of pages disclosed	Number of requests
All disclosed	485	508	13
Disclosed in part	33268	13517	179
All exempted	2203	0	18
All excluded	0	0	0
Request abandoned	0	0	42
Neither confirmed nor denied	0	0	386

2.5.2 Relevant pages processed and disclosed by size of requests

Disposition	Less than 100 pages processed		101 to 500 pages processed		501 to 1000 pages processed		1001 to 5000 pages processed		More than 5000 pages processed
	Number of requests	Pages disclosed	Number of requests	Pages disclosed	Number of requests	Pages disclosed	Number of requests	Pages disclosed	Number of requests	Pages disclosed
All disclosed	12	372	1	136	0	0	0	0	0	0
Disclosed in part	110	2173	49	4457	14	3967	6	2920	0	0
All exempted	19	0	4	0	0	0	1	0	0	0
All excluded	0	0	0	0	0	0	0	0	0	0
Request abandoned	42	0	0	0	0	0	0	0	0	0
Neither confirmed nor denied	386	0	0	0	0	0	0	0	0	0
Total	563	2545	54	4593	14	3967	7	2920	0	0

2.5.3 Other complexities

Disposition	Consultation required	Assessment of fees	Legal advice sought	Other	Total
All disclosed	2	0	0	0	2
Disclosed in part	119	13	18	0	150
All exempted	1	0	0	0	1
All excluded	0	0	0	0	0
Request abandoned	1	5	0	0	6
Neither confirmed nor	1	2	0	0	3
Total	124	20	18	0	162

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline

Number of requests closed past deadline	Principal Reason
	Workload	External consultation	Internal consultation	Other
15	1	6	7	1

2.6.2 Number of days past deadline

Number of days past deadline	Number of requests past deadline where no extension was taken	Number of requests past deadline where an extension was taken	Total
1 to 15 days	0	5	5
16 to 30 days	0	2	2
31 to 60 days	0	5	5
61 to 120 days	0	3	3
121 to 180 days	0	0	0
181 to 365 days	0	0	0
More than 365 days	0	0	0
Total	0	15	15

2.7 Requests for translation

Translation Requests	Accepted	Refused	Total
English to French	0	0	0
French to English	0	0	0
Total	0	0	0

Part 3 – Extensions

3.1 Reasons for extensions and disposition of requests

Disposition of request where an extension was taken	9(1)(a) Interference with operations	9(1)(a) Consultation		9(1)(c) Third party notice
		Section 69	Other
All disclosed	1	0	0	0
Disclosed in part	24	3	93	0
All exempted	0	0	1	0
All excluded	0	0	0	0
No records exist	0	0	0	0
Request abandoned	0	0	1	0
Total	25	3	95	0

3.2 Length of extensions

Length of extensions	9(1)(a) Interference with operations	9(1)(a) Consultation		9(1)(c) Third party notice
		Section 69	Other
30 days or less	17	1	1	0
31 to 61 days	6	0	5	0
61 to 120 days	2	1	50	0
121 to 180 days	0	1	34	0
181 to 365 days	0	0	5	0
More than 365 days	0	0	0	0
Total	24	3	95	0

Part 4 - Fees

Fee Type	Fee Collected		Fee Waived or Refunded
	Number of requests	Amount	Number of requests	Amount
Application	675	$3,375	24	$120
Search	1	$52	2	$237
Production	0	$0	0	$0
Programming	0	$0	0	$0
Preparation	0	$0	0	$0
Alternative format	0	$0	0	$0
Reproduction	1	$6	181	$2,654
Total	677	$3,433	207	$3,011

Part 5 – Consultations received from other institutions and organizations

5.1 Consultations received from other government institutions and organizations

Consultations	Other Government of Canada Institutions	Number of pages to review	Other organizations	Number of pages to review
Received during reporting period	293	20165	1	2
Outstanding from the previous reporting period	31	12680	0	0
Total	324	32845	1	2
Closed during the reporting period	287	31221	1	2
Pending at the end of the reporting period	37	1624	0	0

5.2 Recommendations and completion time for consultations received from other government institutions.

Recommendation	Number of days required to complete consultation request
	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	14	10	2	1	1	0	0	28
Disclose in part	81	54	46	30	21	7	4	239
Exempt entirely	6	1	1	1	0	0	0	9
Exclude entirely	1	1	0	0	0	0	0	2
Consult other institution	0	0	0	0	0	0	0	0
Other	7	1	0	1	0	0	0	9
Total	109	67	49	33	22	7	0	287

5.3 Recommendations and completion time for consultations received from other organizations.

Recommendation	Number of days required to complete consultation request
	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	0	0	0	0	0	0	0	0
Disclose in part	0	0	0	0	0	0	0	0
Exempt entirely	0	0	0	0	0	0	0	0
Exclude entirely	0	0	0	0	0	0	0	0
Consult other institution	0	0	0	0	0	0	0	0
Other	0	0	0	0	0	0	0	0
Total	0	0	0	0	0	0	0	0

Part 6: Completion Time of Consultations on Cabinet Confidences

6.1 Requests with Legal Services

Number of Days	Fewer Than 100 Pages Processed		101-500 Pages Processed		501-1000 Pages Processed		1001-5000 Pages Processed		More Than 5000 Pages Processed
	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed
1 to 15	1	3	0	0	0	0	0	0	0	0
16 to 30	0	0	1	0	0	0	0	0	0	0
31 to 60	1	4	0	0	0	0	0	0	0	0
61 to 120	1	1	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	2	7	1	0	0	0	0	0	0	0

 

6.2 Requests with Privy Council Office

Number of Days	Fewer Than 100 Pages Processed		101‒500 Pages Processed		501-1000 Pages Processed		1001-5000 Pages Processed		More Than 5000 Pages Processed
	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed
1 to 15	0	0	0	0	0	0	0	0	0	0
16 to 30	0	0	0	0	0	0	0	0	0	0
31 to 60	0	0	0	0	0	0	0	0	0	0
61 to 120	0	0	0	0	0	0	0	0	0	0
121 to 180	0	0	0	0	0	0	0	0	0	0
181 to 365	0	0	0	0	0	0	0	0	0	0
More than 365	0	0	0	0	0	0	0	0	0	0
Total	0	0	0	0	0	0	0	0	0	0

Part 7: Complaints and Investigations

Section 32	Section 35	Section 37	Total
34	26	9	69

Part 8: Court Action

Section 41	Section 42	Section 44	Total
0	0	0	0

Part 9: Resources Related to the Access to Information Act

9.1 Costs

Expenditures		Amount
Salaries		$585,491
Overtime		$99
Goods and Services		$1,358
Professional services contracts	0$
Other	$1,358
Total		$586,948

9.2 Human Resourcess

Resources	Person Years Dedicated to Access to Information Activities
Full-time employees	7.00
Part-time and casual employees	0.00
Regional staff	0.00
Consultants and agency personnel	0.00
Students	0.00
Total	7.00

Note: Enter values to two decimal places.