Annual Report to Parliament 2018-2019: Access to Information Act

Introduction

The Access to Information Act (ATIA) provides Canadian citizens, permanent residents, and any person and corporations present in Canada a right to access records under the control of government institutions, in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government. There are roughly 260 government institutions currently subject to the ATIA.

This annual report on the administration of the Access to Information Act describes how the Department for Women and Gender Equality (WAGE) (formerly Status of Women Canada (SWC)) fulfilled its responsibilities under the Access to Information Act during the reporting period of April 1, 2018 to March 31, 2019.

The Minister for Women and Gender Equality and Rural Economic Development, as head of the Department for Women and Gender Equality, is required to prepare an annual report on the administration of the Act. This report is prepared and tabled in Parliament in accordance with section 72 of the Access to Information Act. Furthermore, pursuant to Standing Order 32(1) and the provision of section 20 of the Service Fees Act all fees collected be stated in the Statistical Report.

Part I: General Information

Department for Women and Gender Equality (formerly Status of Women Canada)

The mandate of the Department for Women and Gender Equality (WAGE) (formerly Status of Women Canada (SWC)) is to advance equality with respect to sex, sexual orientation, and gender identity or expression through the inclusion of people of all genders, including women, in Canada's economic, social, and political life. This application of a gender and diversity lens will help us to better understand the intersection of sex and gender with other identity factors. These factors include – but are not limited to – race, national and ethnic origin, Indigenous origin or identity, age, sexual orientation, socio-economic condition, place of residence and disability.

The vision of WAGE is a Canada where people of all genders, including women, are equal in every way and can achieve their full potential.

WAGE works to advance gender equality through an intersectional gendered lens. Working in partnership with key stakeholders, including civil society organizations, labour groups, the private sector, other orders of government, and First Nations, Inuit and Métis peoples, WAGE actively promotes the inclusion of all people in Canada's economic, social, and political life. WAGE works to uphold its mandate to advance gender equality by performing a central coordination function within the Government of Canada by developing and implementing policies, providing grants and contributions, delivering programs, investing in research, and providing advice to achieve equality for people of all genders, including women.

The Access to Information and Privacy (ATIP) office reports to the Director General, Communications and Public Affairs. The ATIP office coordinates all activities related to the legislation within the Department both at headquarters and in the regions.

Access to Information activities

The ATIP Coordinator acts on behalf of the Minister for Women and Gender Equality and Rural Economic Development, to ensure that the Department's responsibilities under the Access to Information Act, the Privacy Act and the Service Fees Act are met. The ATIP Coordinator reports directly to the Director General, Communications and Public Affairs.

The main activities of the Department's ATIP Office consist of:

Processing of access to information and privacy requests is centralized within the Department's ATIP Office in Gatineau, Quebec. In 2018-2019, the Department's ATIP Office employed a total of two (2) full-time equivalents (FTEs).

Implementation of ATI activities and administrative issues

Delegation order

Head of the Status of Women Canada, currently the Deputy Minister of Women and Gender Equality, has full authority, while the ATIP Coordinator has partial authority delegated by the Minister of Status of Women, currently Minister for Women and Gender Equality and Rural Economic Development for administration and decision-making responsibilities under the two Acts. Appendix A provides a more detailed description of the delegation of authority.

Accomplishments

The Access to Information and Privacy Office (ATIP) received twenty-four (24) new requests, completed eleven (11) requests, completed three (3) informal requests, and completed forty two (42) consultations with other government of Canada institutions during 2018-2019. The ATIP office also processed three (3) Notice of Releases from other federal institutions. The ATIP office processed 5,157 pages during 2018-2019 and responded to ninety eight (98) calls for information from internal and external clients.

Salary and Administrative Expenditures

In 2018-2019, the Access to Information and Privacy Office operated with two (2) full-time employees dedicated to the administration of both the Access to Information Act and the Privacy Act and their related functions.

The Department's allocation for the central coordination of the Access to Information Act amounts to $141,227.00 ($136,881.00 for salary expenditures and $4,346.00 for training and services costs for fiscal year 2018-2019).

Reading Room

A reading room is available at the Department's headquarters, as needed. Should a reading room be needed elsewhere, the Department's regional offices in certain regions across Canada are available upon request.

Appendix A

Delegation order

The responsibilities associated with the administration of the Access to Information Act are delegated to departmental officials through a delegation order signed by the Minister of Status of Women, currently Minister for Women and Gender Equality.

Minister for Women and Gender Equality

Section of the Act Powers, Duties and Functions Head, Minister for Women and Gender Equality ATIP Coordinator
7(a) Notice where access requested X X
8(1) Transfer to – transfer from institution X X
9 Extension of time limits X X
11(2), (3), (4), (5), (6) Additional fees X X
12(2) Language of access X X
12(3) Access in an Alternative Format X X
13 Information obtained in confidence X X
14 Federal-Provincial affairs X X
15 International affairs and defense X X
16 Law enforcement and investigation X
17 Safety of individuals X
18 Economic interests of Canada X
19 Personal information X X
20 Third party information X X
21 Advice X X
22 Testing procedures X X
23 Solicitor/client privilege X X
24 Statutory prohibitions X X
25 Severance X X
26 Information to be published X X
27(1)(4) Third party notification X X
28(1)(b) Give written notice to a third party of the Department’s decision to disclose records containing information pertaining to that third party X X
28(2) Waive the requirement for a written representation by a third party X X
28(4) Disclose records for which a notice has been issued to a third party of the Department’s decision to disclose those records, unless the third party seeks a Court review of the decision under Section 44 X X
29(1) Disclosure on recommendation of Information Commissioner X X
33 Advise Information Commissioner of third party involvement X X
35 Right to make representations X
37(4) Access to be given complainant X X
43(1) Notice to third party (application to Federal Court) X X
44(2) Notice to applicant (application to Federal Court by third party) X X
52(2)(3) Special rules for hearings X
69 Excluded information X X
71(2) Exempt information severed from manuals X X
77 Responsibilities conferred on the head of the institution the regulations make under section 77 which are not included above X X

Part II: Report on the Access to Information Act

Requests under the Access to Information Act

1. Statistical report

The annual statistical report for fiscal year 2018-2019 is included at the end of this chapter. An additional table is included to report on three (3) new exemptions in accordance with a new policy from Treasury Board Secretariat of Canada. The new exemptions report on the number of requests processed by the Department for Women and Gender Equality (WAGE) during the fiscal year 2018-2019, which would have applied the following sections: 16.3 (Investigation under the Elections Act), 16.6 (National Security and Intelligence Committee), and 23.1 (Patent or Trademark privilege).

Interpretation of the statistics

Introduction

Between April 1, 2018 and March 31, 2019, WAGE and formerly Status of Women Canada carried over four (4) requests from the previous year and received twenty-four (24) new requests. In addition, the ATIP program received three (3) informal requests and forty-two (42) requests for consultation from other federal institutions during 2018-2019. The ATIP program also processed three (3) Notice of Releases from other federal institutions.

The following table provides a comparison with previous years of request categories.

Comparison with previous years of request categories
2016-2017 2017-2018 2018-2019
Carried over 1 13 4
New requests 50 41 24
Consultations 19 25 42
Informal requests 12 8 3
Notice of Release 0 9 3
Source of requests

During the fiscal year 2018-2019, Media was the largest group of requesters, followed by the Public, Organizations, Business (Private Sector) and Academia. The following table provides a comparison with previous years of source of requests.

Disposition of source of requests
Number of Requests Percentage
Public

3

13%

Business (Private sector)

2

8%

Media

16

67%

Organizations

2

8%

Academia

1

4%

Decline to identify

0

0%

The following table provides a comparison with previous years of source of requests.

Source of requests
2016-2017 2017-2018 2018-2019
Public 12 22 13
Business (Private sector) 0 41 8
Media 64 17 67
Organizations 12 7 8
Academia 0 2 4
Decline to identify 12 10 0
Requests completed

Twenty-four (24) requests were completed during this fiscal year and seventeen (17) requests were carried forward to be completed in fiscal year 2019-2020. The following table provides a comparison with previous years of requests completed.

Requests Completed
2016-2017 2017-2018 2018-2019
Completed request 38 50 24
Carried over 13 4 17
Dispositions of Requests Completed

Eleven (11) requests were completed during the fiscal year. Nine (9) requests completed with records "disclosed in part" and two (2) requests completed with "no records existed". The following table provides a comparison with previous years of disposition of requests completed.

Number of requests Percentage
All disclosed

0

0%

Disclosed in part

9

82%

All excluded

0

0%

All exempted

0

0%

No records exist

2

18%

Transferred

0

0%

Request abandoned

0

0%

Neither confirmed nor denied

0

0%

Total 11 100%

The following table provides a comparison with previous years of disposition of requests completed.

Disposition of requests completed
2016-2017 2017-2018 2018-2019
All disclosed 16 24 0
Disclosed in part 71 46 82
All excluded 0 0 0
All exempted 0 0 0
No records exist 10 28 18
Transferred 0 0 0
Request abandoned 3 0 0
Neither confirmed nor denied 0 0 0
Extensions

Seven (7) requests had their time limit extended as follows:

Number of Days Number of Requests
30 days or under 3
31 to 60 days 0
61 to 120 days 2
121 to 180 days 1
181 to 365 days 1
More than 365 days 0

 

The following table provides a comparison with previous years of extensions taken.

Extensions taken
2016-2017 2017-2018 2018-2019
30 days and under 1 0 3
31 to 60 days 1 3 0
61 to 120 days 3 6 2
121 to 180 days 0 0 1
181 to 365 days 0 1 1
More than 365 days 0 0 0

The time limits were extended for seven (7) requests; they were extended due to interference with the operations of the department, or external consultations with other government institutions and third party notices, although internal consultations were also contributing factors.

Completion time
Completion Time Number of Requests Percentage
1 to 15 days 2 29%
16 to 30 days 1 14%
31 to 60 days 0 0%
61 to 120 days 2 29%
121 to 180 days 1 14%
181 to 365 days 1 14%
More than 365 days 0 0%

The following table provides a comparison with previous years on completion time.

Completion time
2016-2017 2017-2018 2018-2019
1 to 15 days 0% 23% 29%
16 to 30 days 31% 33% 14%
31 to 60 days 22% 18% 0%
61 to 120 days 31% 16% 29%
121 to 180 days 11% 6% 14%
181 to 365 days 5% 2% 14%
More than 365 days 0% 0% 0%
Method of access

Access to the relevant documents was given in whole or in part for eleven (11) requests. Paper copies were provided in six (6) cases and in an electronic format in three (3) cases. The other two (2) requests were nil responses.

Fees

Net fees collected amounted to $55.00 and represent eleven (11) application fees.

3. Access to Information education and training activities

Four (4) formal training activities were provided during the reporting period. Seventy seven (77) requests for advice and guidance were provided during the fiscal year to internal and/or external clients.

4. Significant changes to the institution

On December 13, 2018, Status of Women Canada became the Department for Women and Gender Equality. The report incorporates both institutions' statistics for the fiscal year 2018-2019.

5. Complaints or audits

Applicants have the right to register a complaint with the Office of the Information Commissioner (OIC) regarding any matter relating to the processing of their requests. The Department received no complaints during fiscal year 2018-2019.

No audits relating to the administration of ATIP legislation were concluded during the reporting period.

6. Appeals to the courts

There were no appeals filed to the courts between April 1, 2018 and March 31, 2019.

7. Monitoring time to process requests

A status report of all outstanding requests is prepared on a weekly basis for the review and oversight by the Director General, Communications and Public Affairs Directorate.

New additional exemptions

The Department had no requests which identified any of the new additional exemptions under the Access to Information Act for 2018-2019.

Access to Information Act
Section Number of requests
16.3 Investigation under the Elections Act 0
16.6 National Security and Intelligence Committee 0
23.1 Patent or Trademark privilege 0

Statistical report to the Access to Information Act

Name of institution: Dept for Women and Gender Equality (formerly SWC)

Reporting period: 2018-04-01 to 2019-03-31

Part 1: Request under the Access to Information Act

1.1 Number of requests
Number of Requests
Received during reporting period 24
Outstanding from previous reporting period 4
Total 28
Closed during reporting period 11
Carried over to next reporting period 17
1.2 Sources of requests
Source Number of Requests
Media 16
Academia 1
Business (private sector) 2
Organization 2
Public 3
Decline to Identify 0
Total 24
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
3 0 0 0 0 0 0 3

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 0 0 0 0 0 0 0 0
Disclosed in part 0 1 1 1 3 2 1 9
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 2 0 0 0 0 0 2
Request transferred 0 0 0 0 0 0 0 0
Request abondoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 0 3 1 1 3 2 1 11
2.2 Exemptions
Section Number of Requests Section Number of Requests Section Number of Requests Section Number of Requests
13(1)(a) 0 16(2) 0 18(a) 1 20.1 0
13(1)(b) 0 16(2)(a) 0 18(b) 0 20.2 0
13(1)(c) 1 16(2)(b) 0 18(c) 0 20.4 0
13(1)(d) 0 16(2)(c) 0 18(d) 0 21(1)(a) 4
13(1)(e) 0 16(3) 0 18.1(1)(a) 0 21(1)(b) 2
14 1 16.1(1)(a) 0 18.1(1)(b) 0 21(1)(c) 0
14(a) 0 16.1(1)(b) 0 18.1(1)(c) 0 21(1)(d) 1
14(b) 0 16.1(1)(c) 0 18.1(1)(d) 0 22 0
15(1) 1 16.1(1)(d) 0 19(1) 7 22.1(1) 0
15(1) - I.A.* 1 16.2(1) 0 20(1)(a) 0 23 0
15(1) - Def.* 0 16.3 0 20(1)(b) 4 24.1(1) 0
15(1) - S.A.* 0 16.4(1)(a) 0 20(1)(b.1) 0 26 0
16(1)(a)(i) 0 16.4(1)(b) 0 20(1)(c) 1
16(1)(a)(ii) 0 16.5 0 20(1)(d) 0
16(1)(a)(iii) 0 17 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0

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

2.3 Exclusions
Section Number of Requests Section Number of Requests Section Number of Requests
68(a) 0 69(1) 0 69(1)(g) re (a) 4
68(b) 0 69(1)(a) 0 69(1)(g) re (b) 0
68(c) 0 69(1)(b) 0 69(1)(g) re (c) 0
68.1 0 69(1)(c) 0 69(1)(g) re (d) 1
68.2(a) 0 69(1)(d) 0 69(1)(g) re (e) 4
68.2(b) 0 69(1)(e) 1 69(1)(g) re (f) 1
69(1)(f) 0 69.1(1) 0
2.4 Format of information released
Disposition Paper Electronic Other Format
All disclosed 0 0 0
Disclosed in part 6 3 0
Total 6 3 0
2.5 Complexity
2.5.1 Relevant pages procesed and disclosed
Disposition of Requests Number of Pages Processed Number of Pages Disclosed Number of Requests
All disclosed 0 0 0
Disclosed in part 2,594 1,138 9
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
Neither confirmed nor denied 0 0 0
2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less than 100 pages processed 100 - 500 pages processed 501 - 1,000 pages processed 1,001 - 5,000 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 0 0 0 0 0 0 0 0 0 0
Disclosed in part 5 112 2 214 1 533 1 279 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 5 112 2 214 1 533 1 279 0 0
2.5.3 Other complexities
Disposition Consultation required Assessment of fees Legal advice sought Other Total
All disclosed 0 0 0 0 0
Disclosed in part 7 0 0 0 7
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 7 0 0 0 7
2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
7 1 5 1 0
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 2 2
16 to 60 Days 0 1 1
31 to 60 Days 0 0 0
61 to 120 Days 0 2 2
121 to 180 Days 0 1 1
181 to 365 Days 0 1 1
More than 365 Days 0 0 0
Total 0 7 7
2.7 Requests for translation
Translation Request 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 requests where an extension was taken 9(1)(a) Interference with operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
All disclosed 0 0 0 0
Disclosed in part 3 1 3 3
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 3 1 3 3
3.2 Length of extensions
Length of extensions 9(1)(a) Interference with operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
30 days or less 2 0 0 0
31 to 60 days 1 0 0 0
61 to 120 days 0 1 0 1
121 to 189 days 0 0 2 1
181 to 365 days 0 0 1 1
365 days or more 0 0 0 0
Total 3 1 3 3
Part 4: Fees
Fee Type Fee Collected Fee Waived or Refunded
Number of requests Amount Number of requests Amount
Application 11 $55.00 0 $0.00
Search 0 $0.00 0 $0.00
Production 0 $0.00 0 $0.00
Programming 0 $0.00 0 $0.00
Preparation 0 $0.00 0 $0.00
Alternative format 0 $0.00 0 $0.00
Reproduction 0 $0.00 0 $0.00
Total 11 $55.00 0 $0.00

Part 5: Consultations received from other institutions and organizations

5.1 Consultations received from other Government of Canada institutions and organizations
Consultations Other Government of Canada institutions Number of pages to review Other organizations Number of pages to review
Received during the reporting period 42 1,353 0 0
Outstanding from the previous reporting period 4 38 0 0
Total 46 1,391 0 0
Closed during the reporting period 42 1,320 0 0
Pending at the end of the reporting period 4 71 0 0
5.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendations Number of Days required to complete consultation requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More than 365 Days Total
Disclose entierly 14 12 4 0 0 0 0 30
Disclose in part 3 4 4 1 0 0 0 12
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 17 16 8 1 0 0 0 42
5.3 Recommendations and completion time for consultations received from other organizations
Recommendations Number of days required to complete consultation requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More than 365 Days Total
Disclose entirely 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 Less than 100 pages processed 100 - 500 pages processed 501 - 1,000 pages processed 1,001 - 5,000 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 7 0 0 0 0 0 0 0 0
16 to 30 1 4 0 0 0 0 0 0 0 0
31 to 60 1 5 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 1 121 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 3 16 1 121 0 0 0 0 0 0
6.2 Requests with Privy Council Office
Number of Days Less than 100 pages processed 100 - 500 pages processed 501 - 1000 pages processed 1001 - 5000 pages processed More than 5000 pages processed
Number of requests Pages disclosed Number of requests Pages disclosed Number of requests Pages disclosed Number of requests Pages disclosed Number of requests Pages disclosed
1 to 15 2 5 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 2 5 0 0 0 0 0 0 0 0

Part 7: Complaints and investigations

Section 32 Section 35 Section 37 Total
0 0 0 0

 

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 $136,681
Overtime $0
Goods and Services $4,346
  • Professional services and contracts
$0.00
  • Other
$4,346
Total $141,227

9.2 Human resources

Resources Person Years Dedicated to Access to Information Activities
Full-time employees 1.75
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 1.75

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