ARCHIVED - Annual Report to Parliament 2015 – 2016: Access to Information Act

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Table of contents

INTRODUCTION

I. Introduction

The purpose of the Access to Information Act (ATIA) is to provide Canadians with access to records under the control of federal institutions, except for records subject to limited and specific exemptions and exclusions.

The annual report, submitted to Parliament pursuant to section 72 of the ATIA, describes the activities of Indigenous and Northern Affairs Canada (INAC) that support compliance with access to information legislation. The report details the activities and accomplishments of INAC's Access to Information and Privacy (ATIP) Directorate, including highlights such as:

  • Creation of the ATIP Liaison Officer Manual;
  • Creation of the Privacy Breach Manual;
  • Posting of Summaries of Completed Access to Information requests on the Government of Canada website; and
  • Continued training initiatives to increase departmental ATIA capacity and awareness.

Indigenous and Northern Affairs Canada’s Mandate

INAC's mission is working together to make Canada a better place for Indigenous and northern people and communities.

INAC's mandate is to support Indigenous peoples (First Nations, Inuit and Métis) and Northerners in their efforts to:

  • Improve their social well-being and economic prosperity;
  • Develop healthier, more sustainable communities; and
  • Participate more fully in Canada's political, social and economic development – to the benefit of all Canadians.

INAC is the federal department primarily responsible for meeting the Government of Canada's obligations and commitments to First Nations, Inuit and Métis, and for fulfilling the federal government's constitutional responsibilities in the North. INAC's overall mandate and wide-ranging responsibilities are shaped by centuries of history and unique demographic and geographic challenges. The mandate is derived from the Constitution Act 1982, the Indian Act, the Department of Indian Affairs and Northern Development Act, territorial Acts, treaties, comprehensive claims and self-government agreements, as well as various other statutes affecting Indigenous Peoples and the North.

Most of the Department's programs, representing a majority of its spending, are delivered through partnerships with First Nation and Indigenous communities and federal-provincial or federal-territorial agreements. INAC also works with urban Indigenous people, Métis and Non-Status Indians (many of whom live in rural areas).

II. Organization

ATIP Directorate at INAC

The ATIP Directorate is responsible for the administration of requests made under the ATIA and the Privacy Act (PA). It was established within the Corporate Secretariat and reports to the Corporate Secretary, who is directly accountable to the Deputy Head and is a member of the INAC Senior Management Committee (SMC). The Directorate also coordinates and implements policies, guidelines and procedures to ensure departmental compliance with the ATIA and PA. Workshop presentations, training courses and awareness sessions designed to increase access to information and privacy capacity across the Department are also provided by the ATIP Directorate.

ATIP Analysts process requests of varying volume and complexity based on their classification level. They also provide critical privacy advice for new initiatives, resulting in privacy protection in departmental programs. Policies and procedures continue to be established to ensure that privacy is considered throughout the life cycle of INAC's programs and that informed policy decisions are made concerning the collection, sharing and/or use of personal information.

They provide advice and guidance to the Department on a number of topics:

  1. The application of the ATIA and PA;
  2. The release of sensitive or protected information to the public;
  3. Departmental Privacy Impact Assessments (PIAs);
  4. Permissible disclosures of personal information pursuant to subsection 8(2) of the PA;
  5. Appropriate PA Statements on Data Collection Instruments (DCIs), i.e. forms, surveys, etc.;
  6. Updates to Info Source and the preparation and registration of Personal Information Banks (PIBs) and their related Classes of Records (CORs);
  7. Protocols surrounding privacy breaches;
  8. Education and awareness of access to information and privacy issues throughout the Department; and
  9. The preparation of Memoranda of Understanding (MOUs).
The Directorate comprises two divisions: the Operations Unit and the Privacy Policy Unit.
Text description of the Directorate schema

The Director's Office is composed of the following:
The Director (EX-01), as institutional ATIP Coordinator, holds full delegated authority under the Act. The Director is supported in day-to-day administrative tasks by the Deputy Director (PM-06), Administrative Assistant (AS-01) and in reporting and policy initiatives by the Reporting Analyst (PM-03).

Under the Director’s Office are the following Teams:

The Intake Team:
The Intake Team is comprised of one Intake Officer (PM-01) and one Clerk (CR-04), who enter all applications into the electronic case management system, acknowledge receipt of requests, perform imaging services, interact with and respond to inquiries from the public, and are responsible for other administrative tasks.

Ops Teams:
The Operations Team is led by two Team Leaders (PM-05), who are responsible for the oversight of request processing by their team, including the review of completed requests. The Ops Team consists of Analysts (a varying mix of PM-04, PM-03 and one PM-02 level), who process Access and Privacy requests of varying volume and complexity, respond to Privacy matters (such as breaches), provide training and provide Access and Privacy advice.

Within each of the sectors and regional offices of INAC are ATIP Liaison Officers (ALOs) who receive callouts from the ATIP Directorate and subsequently task the request to appropriate areas within their sector. ALOs play a crucial role in ensuring requests are clear to the record retrievers and that the appropriate records, impact statements and approvals are obtained and communicated to ATIP Directorate officials in a timely manner.

The Intake Team triages and coordinates the receipt of requests for information under the control of the Department made pursuant to the Access to Information Act and the Privacy Act. The Operations Team ensures that a response is provided within the legislated timeframe (30 days). All requests are monitored using the tracking system AccessPro Case Management. To do so, ATIP analysts work closely with the relevant program areas in order to ensure that all responsive documents are provided and to ensure that the information contained within those documents is treated in accordance with the Acts to allow for government records to be safely disclosed to the Canadian public.

III. Delegation Order

Under section 73 of the ATIA, the Minister's authority may be delegated to departmental officials in order to administer the Act within INAC.

During the reporting period, the delegation order signed by former Minister John Duncan on August 30, 2011, and by Minister Carolyn Bennett on March 14, 2016, were in effect (Appendix A). Under section 73 of the Act, the order delegates full authority and responsibility for the ATIA to the following positions:

  • Deputy Minister
  • Associate Deputy Minister
  • Corporate Secretary
  • Departmental ATIP Coordinator

The ATIP Coordinator can also sub-delegate to either one of the Team Leader positions.

STATISTICS

IV. Interpretation of the Statistical Report

INAC's Statistical Report was submitted to the Treasury Board Secretariat (TBS) on May 2, 2016 (Appendix B). The Report details various aspects of the requests INAC received and processed during the period of April 1, 2015 to March 31, 2016.

Part 1. Requests under the Access to Information Act

1.1 Number of requests

In 2015-2016, INAC received 652 requests under the ATIA, in addition to 123 requests that were carried over from the previous year (Table 1.1). Of these 775 requests, the ATIP Directorate completed 627 requests and carried 148 requests over into the next reporting period 2016-2017.

Table 1.1 Number of Requests from 2015 – 2016
Number of Requests 2014 – 2015 2015– 2016
Received during reporting period 720 652
Outstanding from previous reporting period 72 123
Total 792 775
Closed during reporting period 667 667
Carried over to next reporting period 125 148
1.2 Sources of requests

Of the 652 requests received during the reporting period, 252 (39%) were from the general public, followed by 176 (27%) from the media, and 101 (15.5%) from businesses (Table 1.2).

Table 1.2 Sources of Requests
Source 2014 – 2015 2015 – 2016
Public 144 (20%) 252 (39%)
Media 377 (52.4%) 176 (27%)
Business 88 (12.2%) 101 (15.5%)
Organization 71 (9.9%) 81 (12.4%)
Academia 40 (5.6%) 42 (6.4%)
Total 720 652

INAC continues to receive requests predominantly from the public and media. Requests from the public, in particular, became more frequent.

1.3 Informal Requests

During the 2015-2016 reporting period, INAC received and completed 40 informal requests. Seventy five percent of these informal requests were completed in less than 60 days.

Part 2. Requests closed During the Reporting Period

2.1 Disposition and completion time

Of the 627 requests closed during the reporting period (Table 2.1), INAC was able to fully or partially disclose records in 450 cases; that is, 72% of the time a request was submitted to INAC, the result was a disclosure of records. Overall, 324 (52%) of the 627 requests were closed within the statutory 30 day timeframe.

Seven percent of requests were abandoned by the requester, treated informally, or transferred to the appropriate government institution. Only in 26 cases (4% of all requests) were the relevant records fully exempted or excluded under provisions of the ATIA.

There were 303 requests that required greater than 30 days to process, 67 of which took greater than 120 days to complete.

The most frequent outcome of the requests processed during the reporting period was ‘Disclosed in part', which was the result of 310 requests (49.4%), followed by ‘All disclosed' which was the result of 140 requests (22.3%).

Figure 2.1 Outcomes of Closed Requests
Text description of figure 2.1. Outcomes of Closed Requests

During the reporting period:
49.4% of requests resulted in a disposition of "Disclosed in part";
22.3% of requests resulted in a disposition of "All disclosed";
16.6% of requests resulted in a disposition of "No records exist";
5.9% of requests resulted in a disposition of "Request abandoned";
2.6% of requests resulted in a disposition of "All exempted";
1.6% of requests resulted in a disposition of "All excluded";
1.6% of requests resulted in a disposition of "Request transferred"; and
0% of requests resulted in a disposition of "Neither confirmed nor denied".

Table 2.1 Disposition and completion time of requests made under the Access to Information Act
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
Total 91 233 102 134 53 14 0 627
All disclosed 9 68 40 17 6 0 0 140
Disclosed in part 16 82 52 101 46 13 0 310
All exempted 1 6 1 8 0 0 0 16
All excluded 0 1 2 7 0 0 0 10
No records exist 29 67 5 1 1 1 0 104
Request transferred 10 0 0 0 0 0 0 10
Request abandoned 26 9 2 0 0 0 0 37
Neither confirmed nor denied 0 0 0 0 0 0 0 0
2.2 Exemptions

As seen in previous years, the most commonly invoked exemption during the reporting period was the severing of government operations information pursuant to subsection 21(1) of the ATIA, which was cited in 269 requests (Table 2.2). The next most common exemptions applied were under subsections 19(1) which was cited in 224 instances, and 20(1) (167 instances) which protect personal information and certain third party information, respectively.

Table 2.2 Number of requests closed where exemption provisions were invoked
Section Number of requests
13(1)(a) 1
13(1)(b) 1
13(1)(c) 20
13(1)(d) 4
13(1)(e) 0
14 21
14(a) 0
14(b) 0
15(1) – I.A*. 0
15(1) – Def.* 3
15(1) – S.A.* 0
16(1)(a)(i) 1
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 1
16(1)(c) 2
16(1)(d) 0
16(2) 31
16(2)(a) 0
16(2)(b) 0
16(2)(c) 0
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
17 2
18(a) 2
18(b) 4
18(c) 0
18(d) 4
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 224
20(1)(a) 7
20(1)(b) 56
20(1)(b.1) 0
20(1)(c) 43
20(1)(d) 61
20.1 0
20.2 0
20.4 0
21(1)(a) 96
21(1)(b) 67
21(1)(c) 91
21(1)(d) 15
22 4
22.1(1) 0
23 59
24(1) 1
26 1
Total 822
* I.A.: International Affairs		Def.: Defence of Canada		S.A.: Subversive Activities
2.3 Exclusions

In 2015-2016, 84 requests applied exclusion provisions. The most commonly applied exclusion was 69(1)(g), which applied to 58 of those 84 requests. These exclusions generally contained references to records related to funding via TBS Submissions and Memoranda to Cabinet.

Table 2.3 Number of requests closed where exclusion provisions were applied
Section Number of requests
Total: 84
68(a) 5
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 0
69(1)(a) 7
69(1)(b) 0
69(1)(c) 2
69(1)(d) 4
69(1)(e) 6
69(1)(f) 2
69(1)(g) re (a) 58
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
2.4 Format of information released

Over the course of this reporting period, the majority of responses were provided to the requester in CD ROM format. In total, INAC conveyed response packages electronically in 380 requests (84.4% of all responses) where records were disclosed.

Table 2.4 Format of information released
Disposition Paper Electronic Other formats
Total 70 380 0
All disclosed 28 112 0
Disclosed in part 42 268 0
2.5 Complexity

The following sections detail several factors affecting the complexity of requests that were completed throughout 2015-2016.

2.5.1 Relevant pages processed and disclosed

During the reporting period, the ATIP Directorate retrieved and reviewed 257,927 pages across 513 requests of records under the control of the Department (Table 2.5.1). To view the full listing of INAC's completed access to information requests since 2010.

In addition, 156,961 pages of the total records processed during the reporting period were disclosed partially, or in their entirety.

Table 2.5.1 Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
Total 257,927 156,961 513
All disclosed 33,144 25,538 140
Disclosed in part 220,829 131,423 310
All exempted 2,683 0 16
All excluded 352 0 10
Request abandoned 919 0 37
Neither confirmed or denied 0 0 0
2.5.2 Relevant pages processed and disclosed by size of requests

Over half of the requests (289 or 46%) processed 100 pages or less (Table 2.5.2). At the other end of the spectrum, 44 requests required the review of over 1,000 pages, including 11 requests of over 5,000 pages to process. These 55 high-volume requests accounted for 120,289 (77%) pages of records released over the course of 2015-2016.

Table 2.5.2 Relevant pages processed and disclosed by size of request
Disposition Less than 100 pages processed 101 – 500 pages processed 501 – 1000 pages processed 1001 – 5000pages processed More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
Total 289 4,162 139 19,075 30 13,441 44 48,514 11 71,769
All disclosed 98 1,599 28 4,138 6 3,771 7 11,033 1 4,997
Disclosed in part 135 2,563 105 14,937 24 9,670 36 37,481 10 66,772
All exempted 11 0 4 0 8 0 1 0 0 0
All excluded 9 0 1 0 0 0 0 0 0 0
Abandoned 36 0 1 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
2.5.3 Other complexities

During the reporting period, INAC faced several challenges that contributed to the complexity of its requests. Such requests sought records pertaining to high-profile issues in the media, budget and spending information related to Indigenous groups, and allegations and complaints.

Consultations with stakeholders remained an important factor for the processing of requests at INAC. INAC most frequently consulted with the Departmental Legal Services Unit (DLSU) regarding potential Cabinet Confidences and the Department of Justice (DOJ) regarding information that is subject to solicitor-client privilege. INAC also frequently consulted with Canada Post Corporation (CPC), Environment Canada (EC), the Department of Foreign Affairs and International Trade (DFAIT), Health Canada (HC), Natural Resources Canada (NRCAN), Public Works and Government Services Canada (PWGSC) and the Royal Canadian Mounted Police (RCMP).

INAC continued to collect application fees with most new requests (see Part 4).

Table 2.5.3 Other complexities related to requests closed during the reporting period
Disposition Consultation required Assessment of fees Legal advice sought Other Total
Total 202 3 60 0 265
All disclosed 29 0 2 0 31
Disclosed in part 159 3 47 0 209
All exempted 6 0 3 0 9
All excluded 8 0 8 0 16
Abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0

As it did in 2015-2016, INAC continued to encounter complex files with a high number of pages for review. One approach that was taken in previous years was used once more, and proved successful yet again in 2015-2016: namely, when multiple requesters made identical or similar requests for the same large set of records, INAC obtained consent from each of the requesters to apply an extension to their file and administered all requests as one single file. In return, INAC committed to waiving all search and retrieval fees and making interim releases to the requesters if possible. The approach was well-received and each of these files were closed during 2015-2016 with no subsequent complaint filed.

2.6 Deemed refusals

During the reporting period, INAC failed to comply with statutory deadlines on ten occasions. Six were due to external consultations, one due to workload, and the other three were due to operational limitations.

2.7 Requests for translation

During the reporting period, there were no instances where a requester asked that responsive records be translated to another official language.

Part 3. Extensions

3.1 Reasons for extensions and disposition of requests

A total of 307 extensions under section 9(1) of the ATIA were applied in 2015-2016. The most prevalent reason for extending deadlines this reporting period was for consultation with Other Government Departments (OGDs) (135 times, or 44% of all extensions) and to obtain Legal advice regarding possible Cabinet Confidence (60 times, or 19.5% of all extensions).

In cases where extensions pursuant to 9(1)(a) were taken, and records existed, the requests resulted in dispositions of ‘Disclosed in part' 76% of the time. Where an extension was taken under either 9(1)(a), (b) or (c), records were fully or partially disclosed in 281 out of 307 (92%) instances (Table 3.1). Only in 1 case were extensions applied for external consultations with OGDs or third parties where no records were released due to exemptions.

Of the 60 requests where extensions were taken for the purpose of consulting the DLSU on potential Cabinet confidences, 49 resulted in the disclosure of records (for more on DLSU consultations, see Part 6).

Figure 3.1 Extensions and workload over the past three years
chart
Text description of figure 3.1. Extensions and workload over the past three years

Text description of this bar graphs shows the trends of extensions and workload of requests from 2013-2014 to 2015-2016.

In 2013-2014:
24 extensions were applied pursuant to paragraph 9(1)(a);
141 extensions were applied pursuant to paragraph 9(1)(b);
48 extensions were applied pursuant to paragraph 9(1)(c);
213 total extensions were taken;
657 formal requests were completed

In 2014-2015:
29 extensions were applied pursuant to paragraph 9(1)(a);
200 extensions were applied pursuant to paragraph 9(1)(b);
79 extensions were applied pursuant to paragraph 9(1)(c);
308 total extensions were taken;
792 formal requests were completed

In 2015-2016:
29 extensions were applied pursuant to paragraph 9(1)(a);
195 extensions were applied pursuant to paragraph 9(1)(b);
83 extensions were applied pursuant to paragraph 9(1)(c);
307 total extensions were taken;
775 formal requests were completed

Number of Extensions Applied/Workload of Requests

Table 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
Total 29 60 135 83
All disclosed 1 2 34 8
Disclosed in part 22 47 95 72
All exempted 1 3 5 2
All excluded 0 8 1 0
No records exist 5 0 0 1
Request abandoned 0 0 0 0
3.2 Length of extensions

The majority of extensions applied during the reporting period were less than 120 days (92%).

Extensions greater than 121 days were only taken on 23 requests. In addition to this, in 2015-2016, INAC never took an extension greater than 365 days.

Table 3.2 Length of extensions
Length of extension 9(1)(a) Interference with Operations 9(1)(b) Consultation 9(1)(c) Third Party Notice
Section 69 Other
Total 29 60 135 83
30 days or less 1 5 61 0
31 to 60 days 4 5 20 42
61 to 120 days 15 45 48 38
121 to 180 days 7 5 5 2
181 to 365 days 2 0 1 1
365 days or more 0 0 0 0

The length of extensions applied under paragraph (b) was largely dependent on timeframes decided by the other organization. Whenever an extension of over 30 days was applied, INAC notified the Office of the Information Commissioner (OIC).

Part 4. Fees

INAC collected $3,190 in application fees and waived $300 in fees over the course of the reporting period (Table 4). For five requests, search fees were assessed and collected for a total of $500.

The movement toward electronic release of information has allowed the Department to avoid assessing fees for reproduction and preparation costs in most scenarios. INAC will continue to emphasize electronic release of records wherever possible.

Table 4. Fees collected and waived
Fee Type Fee Collected Fee Waived or Refunded
# of Requests Amount # of Requests Amount
Total 632 $3,690 2 $300
Application 629 $3,190 0 $0
Search 3 $500 2 $300
Production 0 $0 0 $0
Programming 0 $0 0 $0
Preparation 0 $0 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 0 $0

Part 5. Consultations Received from other Institutions and Organizations

5.1 Consultations received from other Government of Canada institutions and organizations

INAC received 156 consultations for a total of 6,450 pages from other government institutions. INAC carried over another 5 files from last year, for a total of 161 consultations in 2015-2016 (Table 5.1).

The ATIP Directorate completed 155 consultations, reviewing 5,512 pages in the process, and carried over 6 into the 2016-2017.

Consultations Other government institutions # Pages to review Other organizations # Pages to review
Received during reporting period 156 6,450 0 0
Outstanding from the previous reporting period 5 142 0 0
Total 161 6,592 0 0
Closed during the reporting period 155 5,512 0 0
Pending at the end of the reporting period 6 1,080 0 0
5.2 Recommendations and completion time for consultations received from other Government of Canada institutions

For the purposes of this section, "other government institutions" are other institutions subject to the Access to Information Act. In the majority of cases (114 consultation requests, or 74% of all consultation requests) INAC recommended that the government institution disclose the consulted pages in their entirety (Table 5.2).

The bulk of consultations processed by the ATIP Directorate (147 consultation requests, or 95% of all consultation requests) were completed within 30 days of their receipt (Table 5.2). There were no occurrences where INAC required longer than 60 days providing a response to the consulting institution.

Table 5.2 Recommendations and completion time for consultations received from other government institutions
Recommendations Number of days required to complete consultations
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
Total 96 51 8 0 0 0 0 155
Disclose entirely 74 37 3 0 0 0 0 114
Disclose in part 13 14 4 0 0 0 0 31
Exempt entirely 2 0 1 0 0 0 0 3
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 2 0 0 0 0 0 0 2
Other 5 0 0 0 0 0 0 5
5.3 Recommendations and completion time for consultations received from other organizations

In 2015-2016, INAC received no consultation requests from other organizations. For the purposes of this section, other organizations include the governments of the provinces, territories and municipalities and of other countries.

Table 5.3 Recommendations and completion time for consultations received from other organizations
Recommendations Number of days required to complete consultations
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
Total 0 0 0 0 0 0 0 0
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

Part 6. Completion time of Consultations on Cabinet Confidences

During 2015-2016, INAC sent 60 consultations on the application of section 69 of the ATIA to DLSU for Cabinet confidences Consultation (Table 6). Only three consultations on Cabinet confidences took greater than 180 days to complete

Throughout 2015-2016, INAC did not send any consultation requests to the Privy Council Office.

Table 6.1 Requests with Legal Services
Disposition Less than 100 pages processed 101 – 500 pages processed 501 – 1000 pages processed 1001 – 5000 pages processed More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
Total 26 115 20 2,455 5 1,920 9 8,375 0 0
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 1 84 0 0 0 0 0 0
31 to 60 2 0 0 0 0 0 0 0 0 0
61 to 120 20 99 10 769 1 510 2 1,309 0 0
121 to 180 4 16 8 1,261 2 668 5 5,201 0 0
181 to 365 0 0 0 0 2 742 2 1,865 0 0
More than 365 0 0 1 341 0 0 0 0 0 0
Table 6.2 Requests with Privy Council Office
Disposition Less than 100 pages processed 101 – 500 pages processed 501 – 1000 pages processed 1001 – 5000 pages processed More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
Total 0 0 0 0 0 0 0 0 0 0
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

Part 7. Complaints and Investigations

During the 2015-2016 reporting period, there were 16 new complaints registered with the Office of the Information Commissioner (OIC).

The reasons for the new complaints were as follows:

  • Three complaints related to the exclusions of Cabinet Confidence
  • Two complaints referred to No Records and Incomplete Search
  • Ten complaints pertained to time limits (i.e., extensions taken or time taken to respond to requests).

At present, the totals for outstanding complaints are as follows:

Table 7.1 Complaints and Investigation
Section 32 Section 35 Section 37 Total
31 57 28 116

Part 8. Court Action

During 2015-2016, the ATIP Directorate within INAC did not partake in any court action.

Part 9. Resources related to the Access to Information Act

9.1 Costs
Table 9.1 Costs for the administration of the ATIA
Expenditures Amount
Total $576,556
Salaries $534,195
Overtime $0
Goods and Services $42,361
 • Professional services contracts $42,361  
 • Other $0  

In 2015-2016, INAC spent $576,556 on the administration of the ATIA, which is a decrease of $173,144 (or 30%) from the $749,700 expended in 2014-2015 (Table 9.1). In particular, $161, 999 less was devoted to salary.

Figure 9.1 Budget figures for the administration of the Access to Information Act over the previous four years
Figure 9.1 Budget figures for the administration of the Access to Information Act over the previous four years
Text description of figure figure 9.1. Budget figures for the administration of the Access to Information Act over the previous four years

In 2013-2014:
$947,989 was expended on salary;
$53,744 was expended on operations and management (O&M);
$1,001,733 in total was expended to administer the Access to Information Act at Aboriginal Affairs and Northern Development Canada

In 2014-2015:
$696,194 was expended on salary;
$53,506 was expended on operations and management (O&M);
$749,700 in total was expended to administer the Access to Information Act at Aboriginal Affairs and Northern Development Canada

In 2015-2016:
$534,195 was expended on salary;
$42,361 was expended on operations and management (O&M);
$576,556 in total was expended to administer the Access to Information Act at Aboriginal Affairs and Northern Development Canada

9.2 Human Resources

The Operations Unit within the ATIP Directorate consisted of 6.00 full-time equivalents (FTEs) dedicated to access to information activities (Table 9.2). All 6.00 FTEs were dedicated fully to access to information activities. Over the course of the reporting period, INAC hired 2.00 FTEs of students or agency personnel.

Table 9.2 Human resources dedicated to the administration of the Access to Information Act
Resources Person Years Dedicated to Access to Information Activities
Total 9.50
Full-time employees 6.00
Part-time and casual employees 0.50
Regional staff 0.00
Consultants and agency personnel 1.00
Students 2.00

HIGHLIGHTS

V. 2015 – 2016 Points of Interest

Under the leadership and support of the Corporate Secretary and ATIP Director, the ATIP Directorate focused its business in 2015-2016 upon three key pillars: legislative and policy compliance, modernization, and engagement and support. The following are highlights of some activities undertaken this year under these key areas.

Posting of Completed ATI Request Summaries on Open.Canada.ca

In 2015-2016, INAC continued to post all of its completed Access to Information Summaries on Open.Canada.ca (the Open Government centralized system for posting of all completed ATI request summaries). Users can view the Access to Information Summaries by going to the direct link installed by INAC to Open.Canada.ca. This system supports a standardized search function, and a common look and feel for users.

Ongoing ATIP Online Request Pilot Project

The Access to Information and Privacy Online Request Pilot Project is ongoing. Of the 652 requests received during the reporting period, 428 (66%) were received through the online process. It is expected that the number of online requests will increase significantly over the coming year as applicants become more familiar with the online service.

Education and Training

Educating staff on the Act as well as its implications for the Department and its operations continues to be of high importance to INAC.

INAC recognizes that a solid understanding of the Act allows analysts to better handle requests for records and respond with greater confidence and efficiency. Ongoing training of ATIP staff will positively impact how INAC meets its legislative obligations and implements TBS policies and procedures including the "Duty to Assist" requesters.

To this end, several training sessions were offered over the year to ATIP employees regarding jurisprudence and the application of specific sections of the Act. ATIP employees are also encouraged to attend ATIP community conferences hosted by TBS or the OIC. In addition, opportunities were given to several ATIP employees to provide training to departmental staff and to build relationships with the various program areas of INAC.

With respect to departmental training, INAC continued its successful training campaign of 2015-2016. In total, the ATIP Directorate held 21 formal training sessions on the ATIA to an average of 8 to 10 employees, as well as numerous informal ad hoc sessions as requested by INAC program areas.

VI. Changes to the Organization, Policies, Guidelines and Procedures

Organization Changes

The Directorate continued its practice of hiring several Federal Student Work Experience Program (FSWEP) students, providing them with a meaningful work experience, which included a rotation through both the Intake and Operations Units and direct work experience with the Director's Office.

Procedural Changes

Beyond the continued transition to electronic record retrieval, and creation of the ATIP Liaison Shared Drive, no significant procedural changes were undertaken in 2015-2016.

APPENDIX A

Order of Delegation of the Access to Information Act dated August 30, 2011.

Pursuant to the powers of designation conferred upon me by Section 73 of the Access to Information Act, the persons exercising the functions or positions of Deputy Minister (position number 00001), Associate Deputy Minister (position number 00000006), Deputy Minister's Office; Corporate Secretary, (position number 12294), Corporate Secretariat; and the departmental Access to Information and Privacy Coordinator (position number 20003872) and their respective successors, including in their absence, a person or officer designated in writing to act in the place of the holder of any such functions or positions are hereby designated to exercise those powers, duties or functions of the Minister as the Head of the government institution under the Act, and as set out in the attached Schedule A.

The departmental Access to Information and Privacy Senior Advisors (position numbers 62364, 12590 and 12061) and their respective successors, including in her/his absence, a person or officer designated in writing as being authorized to act in the place of the holder of any such function or position, are hereby designated to exercise those powers, duties or functions of the Minister as the Head of the government institution under the Act, and as set out in the attached Schedule B.

Original signed by
John Duncan

Minister of Indian Affairs and Northern Development
Dated at Gatineau, the 30 of August 2011

SCHEDULE A

DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT SCHEDULE TO DELEGATION ORDER

DESIGNATION PURSUANT TO SECTION 73 OF THE ACCESS TO INFORMATION ACT

Sections and Powers, Duties or Functions

Advise requesters that we need additional information to proceed with their request
6
Give written notice to requestor that we can proceed with the request
7(a)
Transfer request to another institution or accept transfer from another institution
8(1)
Extend time limits
9
Refuse to acknowledge or deny the existence of records
10
Charge additional fees
11
Provide access in alternate format
12(2)(3)
Exempt information obtained in confidence
13
Exempt information pertaining to federal-provincial affairs
14
Exempt information pertaining to international affairs and/or defence
15
Exempt information pertaining to law enforcement and investigations
16
Exempt information pertaining to the safety of individuals
17
Exempt information pertaining to the economic interests of Canada
18
Exempt personal information
19
Exempt or disclose third party information
20
Exempt information pertaining to advice, decision-making processes of government plans and positions etc.
21
Exempt information pertaining to testing procedures or audits
22
Exempt information pertaining to solicitor-client privilege
23
Exempt information subject to statutory prohibitions or other Acts of Parliament
24
Sever information
25
Exempt information to be published within 90 days
26
Notify third parties of their rights to provide comments/representations regarding the disclosure of their records
27(1)(4)
third party representations; make a decision as to whether to disclose the record or part thereof; and, notify third party of right to appeal to Federal Court
28(4)
Disclose information on Information Commissioner's recommendation
29(1)
Advise the Information Commissioner of any third party involvement
33
Make representations to the Information Commissioner during an investigation
35(2)
Release information to complainant
37(4)
Issue a notice to a third party of an application for Court review
43(1)
Issue a notice to an applicant that a third party has applied for Court review
44(2)
Request special rules for hearings
52
Exclude Cabinet Confidences
69
Inspect and exempt information in manuals
71
Prepare Annual Report to Parliament
72(1)
Carry out responsibilities conferred to the Head of the institution by the regulations made under section 77 which are not included in the above
77

Order of Delegation of the Access to Information Act dated March 14, 2016.

Pursuant to the powers of designation conferred upon me by Section 73 of the Access to Information Act, the persons exercising the functions or positions of Deputy Minister (position number 00000001), Associate Deputy Minister (position number 00000006), Corporate Secretary, (position number 00012294), and the departmental Access to Information and Privacy Coordinator/Director (position number 20003872) and their respective successors, including in their absence, a person or officer designated in writing to act in the place of the holder of any such functions or positions are hereby designated to exercise those powers, duties or functions of the Minister as the Head of the government institution under the Act, and as set out in the attached Schedule A.

The departmental Access to Information and Privacy Deputy Director (position numbers 20007504) and Team Leaders (position numbers 00012590 and 00012061) including in her/his absence, a person or officer designated in writing as being authorized to act in the place of the holder of any such function or position, are hereby designated to exercise those powers, duties or functions of the Minister as the Head of the government institution under the Act, and as set out in the attached Schedule B.

Original signed by
The Honourable Carolyn Bennett

Minister of Indian Affairs and Northern Development
Dated at Gatineau, the 14 of March 2016

SCHEDULE A

DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT SCHEDULE TO DELEGATION ORDER

DESIGNATION PURSUANT TO SECTION 73 OF THE ACCESS TO INFORMATION ACT

Sections and Powers, Duties or Functions

Advise requesters that we need additional information to proceed with their request
6
Give written notice to requestor that we can proceed with the request
7(a)
Transfer request to another institution or accept transfer from another institution
8(1)
Extend time limits
9
Refuse to acknowledge or deny the existence of records
10
Charge additional fees
11
Provide access in alternate format
12(2)(3)
Exempt information obtained in confidence
13
Exempt information pertaining to federal-provincial affairs
14
Exempt information pertaining to international affairs and/or defence
15
Exempt information pertaining to law enforcement and investigations
16
Exempt information pertaining to the safety of individuals
17
Exempt information pertaining to the economic interests of Canada
18
Exempt personal information
19
Exempt or disclose third party information
20
Exempt information pertaining to advice, decision-making processes of government plans and positions etc.
21
Exempt information pertaining to testing procedures or audits
22
Exempt information pertaining to solicitor-client privilege
23
Exempt information subject to statutory prohibitions or other Acts of Parliament
24
Sever information
25
Exempt information to be published within 90 days
26
Notify third parties of their rights to provide comments/representations regarding the disclosure of their records
27(1)(4)
third party representations; make a decision as to whether to disclose the record or part thereof; and, notify third party of right to appeal to Federal Court
28(4)
Disclose information on Information Commissioner's recommendation
29(1)
Advise the Information Commissioner of any third party involvement
33
Make representations to the Information Commissioner during an investigation
35(2)
Release information to complainant
37(4)
Issue a notice to a third party of an application for Court review
43(1)
Issue a notice to an applicant that a third party has applied for Court review
44(2)
Request special rules for hearings
52
Exclude Cabinet Confidences
69
Inspect and exempt information in manuals
71
Prepare Annual Report to Parliament
72(1)
Carry out responsibilities conferred to the Head of the institution by the regulations made under section 77 which are not included in the above
77

SCHEDULE B

DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT SCHEDULE TO DELEGATION ORDER

DESIGNATION PURSUANT TO SECTION 73 OF THE ACCESS TO INFORMATION ACT

Sections and Powers, Duties or Functions

Advise requesters that we need additional information to proceed with their request
6
Give written notice to requestor that we can proceed with the request
7(a)
Transfer request to another institution or accept transfer from another institution
8(1)
Extend time limits
9
Charge additional fees
11
Notify third parties of their rights to provide comments/ representations regarding the disclosure of their records
27(1)(4)
Receive third party representations; make a decision as to whether to disclose the record or part thereof; and, notify third party of right to appeal to Federal Court
28
Advise the Information Commissioner of any third party involvement
33
Make representations to the Information Commissioner during an investigation
35(2)
Issue a notice to a third party of an application for Court review
43(1)
Issue a notice to an applicant that a third party has applied for Court review
44(2)

APPENDIX B

Statistical Report on the Access to Information Act

Name of institution: Indigenous and Northern Affairs Canada

Reporting period: 2015-04-01 to 2016-03-31

Part 1: Requests Under the Access to Information Act

Table 1.1 Number of Requests
Number of Requests
Received during reporting period 652
Outstanding from previous reporting period 123
Total 775
Closed during reporting period 627
Carried over to next reporting period 148
Table 1.2 Sources of Requests
Source Number of Requests
Total 652
Media 176
Academia 42
Business (private sector) 101
Organization 81
Public 252
Decline to Identify 0
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
22 5 3 9 1 0 0 40

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
Total 91 233 102 134 53 14 0 627
All disclosed 9 68 40 17 6 0 0 140
Disclosed in part 16 82 52 101 46 13 0 310
All exempted 1 6 1 8 0 0 0 16
All excluded 0 1 2 7 0 0 0 10
No records exist 29 67 5 1 1 1 0 104
Request transferred 10 0 0 0 0 0 0 10
Request abandoned 26 9 2 0 0 0 0 37
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Table 2.2 Exemptions
Section Number of requests
13(1)(a) 1
13(1)(b) 1
13(1)(c) 20
13(1)(d) 4
13(1)(e) 0
14 21
14(a) 0
14(b) 0
15(1) – I.A*. 0
15(1) – Def.* 3
15(1) – S.A.* 0
16(1)(a)(i) 1
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 1
16(1)(c) 2
16(1)(d) 0
16(2) 31
16(2)(a) 0
16(2)(b) 0
16(2)(c) 0
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
17 2
18(a) 2
18(b) 4
18(c) 0
18(d) 4
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 224
20(1)(a) 7
20(1)(b) 56
20(1)(b.1) 0
20(1)(c) 43
20(1)(d) 61
20.1 0
20.2 0
20.4 0
21(1)(a) 96
21(1)(b) 67
21(1)(c) 91
21(1)(d) 15
22 4
22.1(1) 0
23 59
24(1) 1
26 1
    * I.A.: International Affairs   Def.: Defence of Canada   S.A.: Subversive Activities  
2.3 Exclusions
Section Number of requests
68(a) 5
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 0
69(1)(a) 7
69(1)(b) 0
69(1)(c) 2
69(1)(d) 4
69(1)(e) 6
69(1)(f) 2
69(1)(g) re (a) 58
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
2.4 Format of information released
Disposition Paper Electronic Other formats
Total 70 380 0
All disclosed 28 112 0
Disclosed in part 42 268 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 33,144 25,538 140
Disclosed in part 220,829 131,423 310
All exempted 2,683 0 16
All excluded 352 0 10
Request abandoned 919 0 37
Neither confirmed or denied 0 0 0
2.5.2 Relevant pages processed and disclosed by size of request
Disposition Less than 100 pages processed 101 – 500 pages processed 501 – 1000 pages processed 1001 – 5000pages processed More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
Total 289 4,162 139 19,075 30 13,441 44 48,514 11 71,769
All disclosed 98 1,599 28 4,138 6 3,771 7 11,033 1 4,997
Disclosed in part 135 2,563 105 14,937 24 9,670 36 37,481 10 66,772
All exempted 11 0 4 0 0 0 1 0 0 0
All excluded 9 0 1 0 0 0 0 0 0 0
Abandoned 36 0 1 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
2.5.3 Other complexities
Disposition Consultation required Assessment of fees Legal advice sought Other Total
Total 202 3 60 0 265
All disclosed 29 0 2 0 31
Disclosed in part 159 3 47 0 209
All exempted 6 0 3 0 9
All excluded 8 0 8 0 16
Abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadlines
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
10 1 6 0 3
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
Total 7 3 10
1 to 15 days 2 1 3
16 to 30 days 1 0 1
31 to 60 days 1 1 2
61 to 120 days 1 1 2
121 to 180 days 0 0 0
181 to 365 days 2 0 2
More than 365 days 0 0 0
2.7 Requests for translation
Translation Requests Accepted Refused Total
Total 0 0 0
English to French 0 0 0
French to English 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
Total 29 60 135 83
All disclosed 1 2 34 8
Disclosed in part 22 47 95 72
All exempted 1 3 5 2
All excluded 0 8 1 0
No records exist 5 0 0 1
Request abandoned 0 0 0 0
3.2 Length of extensions
Length of extension 9(1)(a) Interference with Operations 9(1)(b) Consultation 9(1)(c) Third Party Notice
Section 69 Other
Total 29 60 135 83
30 days or less 1 5 61 0
31 to 60 days 4 5 20 42
61 to 120 days 15 45 48 38
121 to 180 days 7 5 5 2
181 to 365 days 2 0 1 1
365 days or more 0 0 0 0

Part 4. Fees

4. Fees
Fee Type Fee Collected Fee Waived or Refunded
# of Requests Amount # of Requests Amount
Total 632 $3,690 2 $300
Application 629 $3,190 0 $0
Search 3 $500 2 $300
Production 0 $0 0 $0
Programming 0 $0 0 $0
Preparation 0 $0 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 0 $0

Part 5. Consultations Received from other Institutions and Organizations

5.1 Consultations received from other Government of Canada institutions and organizations
Consultations Other government institutions Number of Pages to Review Other organizations Number of Pages to Review
Received during reporting period 156 6,450 0 0
Outstanding from the previous reporting period 5 142 0 0
Total 161 6,592 0 0
Closed during the reporting period 155 5,512 0 0
Pending at the end of the reporting period 6 1,080 0 0
5.2 Recommendations and completion time for consultations received from other government institutions
Recommendations Number of days required to complete consultations
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
Total 96 51 8 0 0 0 0 155
Disclose entirely 74 37 3 0 0 0 0 114
Disclose in part 13 14 4 0 0 0 0 31
Exempt entirely 2 0 1 0 0 0 0 3
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 2 0 0 0 0 0 0 2
Other 5 0 0 0 0 0 0 5
5.3 Recommendations and completion time for consultations received from other organizations
Recommendations Number of days required to complete consultations
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
Total 0 0 0 0 0 0 0 0
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

Part 6. Completion time of Consultations on Cabinet Confidences

6.1 Requests with Legal Services
Disposition Fewer than 100 pages processed 101 – 500 pages processed 501 – 1000 pages processed 1001 – 5000 pages processed More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
Total 26 115 20 2,455 5 1,920 9 8,375 0 0
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 1 84 0 0 0 0 0 0
31 to 60 2 0 0 0 0 0 0 0 0 0
61 to 120 20 99 10 769 1 510 2 1,309 0 0
121 to 180 4 16 8 1,261 2 668 5 5,201 0 0
181 to 365 0 0 0 0 2 742 2 1,865 0 0
More than 365 0 0 1 341 0 0 0 0 0 0
6.2 Requests with Privy Council Office
Disposition Less than 100 pages processed 101 – 500 pages processed 501 – 1000 pages processed 1001 – 5000 pages processed More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
Total 0 0 0 0 0 0 0 0 0 0
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

Part 7: Complaints and Investigation

7 Complaints and Investigation
Section 32 Section 35 Section 37 Total
31 57 28 116

Part 8. Court Action

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
Total $576,556
Salaries $534,195
Overtime $0
Goods and Services $42,361
 • Professional services contracts $42,361  
 • Other $0  
9.2 Human resources
Resources Person Years Dedicated to Access to Information Activities
Total 9.50
Note: Enter values to two decimal places.
Full-time employees 6.00
Part-time and casual employees 0.50
Regional staff 0.00
Consultants and agency personnel 1.00
Students 2.00
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