ARCHIVED - Annual Report to Parliament 2016-2017: Access to Information Act

Archived information

This Web page has been archived on the Web. Archived information is provided for reference, research or record keeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

PDF Format (609 Kb, 34 pages)

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:

  • The ATIP Liaison Officer Manual;
  • 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 Access to Information and Privacy (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).
Operation Unit Organizational Structure
This flow chart describes the structure of the Operations Unit within the Access to Information and Privacy (ATIP) Directorate.
This flow chart describes the structure of the Operations Unit within the Access to Information and Privacy (ATIP) Directorate.

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 plays 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 Access Pro 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 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 31, 2017 (Appendix B). The Report details various aspects of the requests INAC received and processed during the period of April 1, 2016 to March 31, 2017.

Part 1. Requests under the Access to Information Act

1.1 Number of requests

In 2016-2017 INAC received 732 requests, an increase of approximately 12% compared to 652 in 2015-2016 (Table 1.1), 138 carried over for a total of 870 requests. The ATIP Directorate completed 708 requests and carried 162 requests over into the next reporting period 2017-2018.

Table 1.1 Number of Requests from 2015 – 2016
Number of Requests 2015 – 2016 2016– 2017
Received during reporting period 652 732
Outstanding from previous reporting period 123 138
Total 775 870
Closed during reporting period 627 708
Carried over to next reporting period 148 162
1.2 Sources of requests

Of the 732 requests received during the reporting period, 240 (32.8%) were from the general public, followed by 212 (28.9%) from the media, and 136 (18.6%) from businesses (Table 1.2). INAC continues to receive requests predominantly from the public and media.

Table 1.2 Sources of Requests
Source 2015 – 2016 2016 – 2017
Public 252 (39%) 240 (32.8%)
Media 176 (27%) 212 (28.9%)
Business 101 (15.5%) 136 (18.6%)
Organization 81 (12.4%) 64 (8.7%)
Academia 42 (6.4%) 58 (7.9%)
Decline to Identify 0 22 (3%)
Total 652 732
1.3 Informal Requests

During the 2016-2017 reporting period, INAC received and completed 231 informal requests compared to only 40 in 2015-2016. Ninety four percent (94%) of informal requests received last year were completed in less than 60 days.

Part 2. Requests closed During the Reporting Period

2.1 Disposition and completion time

Of the 708 requests closed during the reporting period, INAC was able to fully or partially disclose records in 492 cases; that is, 70% of the time a request was submitted to INAC, the result was a disclosure of records. Overall, 359 (51%) of the 708 requests were closed within the statutory 30 day timeframe.

Five percent of requests were abandoned by the requester, treated informally, or transferred to the appropriate government institution. Only in 26 cases (3.7% of all requests) were the relevant records fully exempted or excluded under provisions of the ATIA.

There were 349 requests that required greater than 30 days to process, 86 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 341 requests (48.2%), followed by 'All disclosed’ which was the result of 151 requests (21.3%).

Figure 2.1. Outcomes of Closed Requests
Text description of the outcomes of closed requests

During the reporting period:
48.2% of requests resulted in a disposition of "Disclosed in part";
21.3% of requests resulted in a disposition of "All disclosed";
18.5% of requests resulted in a disposition of "No records exist";
5.2% of requests resulted in a disposition of "Request abandoned";
3.7% of requests resulted in a disposition of "All exempted";
1.3% of requests resulted in a disposition of "All excluded";
1.1% 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
All disclosed 13 96 30 10 1 1 0 151
Disclosed in part 12 64 71 118 57 17 2 341
All exempted 0 8 6 11 1 0 0 26
All excluded 0 5 3 1 0 0 0 9
No records exist 37 83 6 3 0 1 1 131
Request transferred 3 1 0 0 1 0 0 5
Request abandoned 26 8 1 0 0 0 2 37
Neither confirmed nor denied 2 1 0 3 2 0 0 8
Total 93 266 117 146 62 19 5 708
2.2 Exemptions

As seen in previous years, the most commonly invoked exemption during the reporting period was advice to government pursuant to subsection 21(1) of the ATIA, which was cited in 329 requests (Table 2.2). The next most common exemptions applied were under subsections 19(1) (protection of personal information) which was cited in 241 instances, and 20(1) (251 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) 8
13(1)(b) 0
13(1)(c) 17
13(1)(d) 2
13(1)(e) 0
14 33
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) 4
16(1)(c) 3
16(1)(d) 0
16(2) 43
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 1
18(a) 0
18(b) 4
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) 241
20(1)(a) 9
20(1)(b) 106
20(1)(b.1) 0
20(1)(c) 77
20(1)(d) 59
20.1 0
20.2 0
20.4 0
21(1)(a) 114
21(1)(b) 95
21(1)(c) 93
21(1)(d) 27
22 7
22.1(1) 0
23 100
24(1) 3
26 9
Total 1059
* I.A.: International Affairs		Def.: Defence of Canada		S.A.: Subversive Activities
2.3 Exclusions

In 2016-2017, 77 requests applied exclusion provisions. The most commonly applied exclusion was 69(1)(g), which applied to 40 of those 77 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
68(a) 3
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 0
69(1)(a) 14
69(1)(b) 2
69(1)(c) 2
69(1)(d) 1
69(1)(e) 12
69(1)(f) 3
69(1)(g) re (a) 40
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
Total: 77
2.4 Format of information released

Over the course of this reporting period, the majority of responses were provided to the requester in electronic format. In total, INAC conveyed response packages electronically in 387 requests (78.7% of all responses).

Table 2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 58 93 0
Disclosed in part 47 294 0
Total 105 387 0
2.5 Complexity

The following sections detail several factors affecting the complexity of requests that were completed throughout 2016-2017.

2.5.1 Relevant pages processed and disclosed

Of the 708 requests received, 131 had no records and 5 were transferred to other departments. The remaining 572 requests generated 253,288 pages to review. The total amount of pages disclosed was 134,898 during the reporting period.

The listing of INAC’s completed access to information requests.

Table 2.5.1 Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 25,648 20,036 151
Disclosed in part 205,809 114,862 341
All exempted 11,543 0 26
All excluded 4,300 0 9
Request abandoned 5,968 0 37
Neither confirmed or denied 0 0 8
Total 253,288 134,889 572
2.5.2 Relevant pages processed and disclosed by size of requests

Half of the requests (286 or 50%) processed 100 pages or less (Table 2.5.2). At the other end of the spectrum, 62 requests required the review of over 1,000 pages, including 6 requests of over 5,000 pages to process. Sixty-two (62) high-volume requests accounted for 80,466 (60%) pages of records released over the course of 2016-2017.

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
All disclosed 107 1,959 33 5,844 5 2,561 6 9,672 0 0
Disclosed in part 122 9,603 123 17,316 44 17,149 46 49,264 6 21,530
All exempted 11 0 12 0 1 0 2 0 0 0
All excluded 6 0 2 0 1 0 0 0 0 0
Abandoned 33 0 0 0 2 0 2 0 0 0
Neither confirmed nor denied 7 0 0 0 1 0 0 0 0 0
Total 286 11,562 170 23,106 54 19,710 56 58,936 6 21,530
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), and the Royal Canadian Mounted Police (RCMP).

INAC consulted with 200 other government departments.

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
All disclosed 19 0 0 0 19
Disclosed in part 164 0 0 0 164
All exempted 10 0 0 0 10
All excluded 2 0 0 0 2
Abandoned 2 0 0 0 2
Neither confirmed nor denied 3 0 0 0 3
Total 200 0 0 0 200
2.6 Deemed refusals

During the reporting period, INAC failed to comply with statutory deadlines on 20 occasions. Five were due to external consultations and nine 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

With a workload of 870 requests for 2016-2017, a total of 380 extensions under section 9(1) of the ATIA were applied in 2016-2017. The most prevalent reason for extending deadlines during this reporting period was for consultation with Other Government Departments (OGDs) (171 times, or 45% of all extensions) and to obtain Legal advice regarding possible Cabinet Confidence (20 times, or 5.3% 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 331 out of 359 (92%) instances (Table 3.1). Only in 3 cases were extensions applied for external consultations with OGDs or third parties where no records were released due to exemptions.

Of the 20 requests where extensions were taken for the purpose of consulting the Departmental Legal Services Unit (DLSU) on potential Cabinet Confidences, one resulted in the disclosure of records.

Figure 3.1. Extensions and workload over the past three years
chart
This bar graphs shows the trends of extensions and workload of requests from 2013-2014 to 2015-2016.

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

In 2016-2017:
79 extensions were applied pursuant to paragraph 9(1)(a);
191 extensions were applied pursuant to paragraph 9(1)(b);
110 extensions were applied pursuant to paragraph 9(1)(c); 380 total extensions were taken;
870 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
All disclosed 7 1 52 1
Disclosed in part 60 0 23 38
All exempted 3 15 78 52
All excluded 0 2 10 11
No records exist 6 2 8 6
Request abandoned 3 0 0 2
Total 79 20 171 110
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 66 requests. In addition to this, in 2016-2017, of those, INAC took 4 extensions 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
30 days or less 13 1 52 1
31 to 60 days 7 0 23 38
61 to 120 days 34 15 78 52
121 to 180 days 15 2 10 11
181 to 365 days 8 2 8 6
365 days or more 2 0 0 2
Total 79 20 171 110

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

Part 4. Fees

INAC collected $3,660 in application fees over the course of the reporting period (Table 4).

Table 4. Fees collected and waived
Fee Type Fee Collected Fee Waived or Refunded
# of Requests Amount # of Requests Amount
Application 732 $3,660 0 $0
Search 0 $0 0 $0
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
Total 732 $3,660 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 175 consultations for a total of 13,116 pages from other government institutions. INAC carried over another 6 files from last year, for a total of 181 consultations in 2016-2017 (Table 5.1).

The ATIP Directorate completed 164 consultations, reviewing 12,046 pages and carried over 17 into the 2016-2017.

Table 5.1 Consultation received from other Government of Canada institutions and organizations
Consultations Other government institutions # Pages to review Other organizations # Pages to review
Received during reporting period 175 13,116 0 0
Outstanding from the previous reporting period 6 98 0 0
Total 181 13,214 0 0
Closed during the reporting period 164 12,046 0 0
Pending at the end of the reporting period 17 1,168 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 (122 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 (143 consultation requests, or 97% of all consultation requests) were completed within 30 days of their receipt (Table 5.2). There were two 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

Table 5.2 Consultation and completion time for consultations received from other Government of Canada 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
Disclose entirely 42 66 13 1 0 0 0 122
Disclose in part 7 13 4 1 0 0 0 25
Exempt entirely 1 4 1 0 0 0 0 6
Exclude entirely 0 1 1 0 0 0 0 2
Consult other institution 3 4 0 0 0 0 0 7
Other 0 2 0 0 0 0 0 2
Total 53 90 19 2 0 0 0 164
5.3 Recommendations and completion time for consultations received from other organizations

In 2016-2017, 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
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

During 2016-2017, INAC sent 27 consultations on the application of section 69 of the ATIA to Departmental Legal Services Unit (DLSU) for Cabinet confidences Consultation (Table 6). Only two consultations on Cabinet confidences took greater than 180 days to complete. A total of 10,834 pages were recommended to be disclosed.

Throughout 2016-2017, INAC

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
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 1 1,575 0 0
31 to 60 1 7 0 0 0 0 0 0 0 0
61 to 120 3 9 6 623 2 646 0 0 0 0
121 to 180 2 29 3 419 3 228 3 2,838 1 4,295
181 to 365 0 0 0 0 0 0 1 747 0 0
More than 365 0 0 1 205 0 0 0 0 0 0
Total 6 45 10 1,247 5 874 5 5,160 1 4,295
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
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

During the 2016-2017 reporting period, 47 new complaints were registered with the Office of the Information Commissioner (OIC) against INAC (Table 7.1). The Treasury Board of Canada requires institutions track in the statistical report section 35 and 37 of the Access to Information Act. These sections are not cumulative. Section 35 is when the OIC requires the ATIP directorate to make representations on complaints they received. INAC ATIP had 83 section 35 letters from the OIC. Section 37 of the Act is when the OIC makes a finding on existing complaints. They made 40 findings on complaints. Note section 35 and 37 are more than the 47 complaints received in 2016-2017 as they make reference to complaints INAC received in previous years.

Table 7.1 Complaints and Investigation
Section 32 Section 35 Section 37 Total
47 83 40 170

Part 8. Court Action

The ATIP Directorate with INAC did not partake in any court action during this reporting period.

Part 9. Resources related to the Access to Information Act

9.1 Costs

The ATIP office as a whole spent $655,070 on staffing, and goods and services with 16.5 Human Resources. The amount was separated as 80% for the Access to Information, and 20% for the Privacy.

In 2016-2017, INAC spent $524,057 on the administration of the Access to Information Act.

Table 9.1 Resources related to the Access to Information Act
Expenditures Amount
Salaries $384,816
Overtime $0
Goods and Services $139,240
 • Professional services contracts $89,036  
 • Other $50,204  
Total $524,056
9.2 Human Resources

The Operations Unit within the ATIP Directorate consisted of 8.4 full-time equivalents (FTEs) dedicated to access to information activities (Table 9.2). Over the course of the reporting period, INAC hired 2.20 FTEs of students or consultants.

Table 9.2 Human resources dedicated to the administration of the Access to Information Act
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 8.4
Part-time and casual employees 1.8
Regional staff 0.0
Consultants and agency personnel 0.80
Students 2.20
Total 13.20

Highlights

V. 2016-2017 Points of Interest

The ATIP Directorate continues to receive a large influx of requests, with specific focus on Nutrition North Canada, the litigation involving the First Nations Child and Family Caring Society, Qalipu Mi’kmaq First Nation enrolment process and expense claims for the Minister and exempt staff.

The Directorate closed the fiscal year 2016-2017 with a 96% compliance rate with the Access to Information Act.

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

INAC continued to post at the end of each month 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.

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.

The Department 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 is expected to positively impact how INAC meets its legislative obligations and implements TBS policies and procedures including the "Duty to Assist" requestors.

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 the Treasury Board of Canada Secretariat or the Office of the Information Commissioner.

With respect to departmental training, INAC continued its successful training campaign in 2016-2017. In total, the ATIP Directorate held 21 training sessions within the NCR and the regions such as Toronto, Winnipeg, Quebec City and Vancouver. Over 339 staff were trained representing one hundred more than in 2015-2016.

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 2016-2017.

Appendix A

Order of Delegation of the Access to Information Act dated March 24, 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 00001), Associate Deputy Minister (position number 00000006), Corporate Secretary, (position number 12294), 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

Carolyn Bennett
Minister of Indian Affairs and Northern Development

Dated at Gatineau, the 14 of March 2016

Schedule A

Department of Indian Affaires 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
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)
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(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: 2016-04-01 to 2017-03-31

Part 1: Requests Under the Access to Information Act

Table 1.1 Number of Requests
Number of Requests
Received during reporting period 732
Outstanding from previous reporting period 138
Total 870
Closed during reporting period 708
Carried over to next reporting period 162
Table 1.2 Sources of Requests
Source Number of Requests
Media 212
Academia 58
Business (private sector) 136
Organization 64
Public 240
Decline to Identify 22
Total 732
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
122 56 38 13 2 0 0 231

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 13 96 30 10 1 1 0 151
Disclosed in part 12 64 71 118 57 17 2 341
All exempted 0 8 6 11 1 0 0 26
All excluded 0 5 3 1 0 0 0 9
No records exist 37 83 6 3 0 1 1 131
Request transferred 3 1 0 0 1 0 0 5
Request abandoned 26 8 1 0 0 0 2 37
Neither confirmed nor denied 2 1 0 3 2 0 0 8
Total 93 266 117 146 62 19 5 708
Table 2.2 Exemptions
Section Number of requests
13(1)(a) 8
13(1)(b) 0
13(1)(c) 17
13(1)(d) 2
13(1)(e) 0
14 33
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)  
16(1)(a)(iii) 0
16(1)(b) 4
16(1)(c) 3
16(1)(d) 0
16(2) 43
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 1
18(a) 0
18(b) 4
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) 241
20(1)(a) 9
20(1)(b) 102
20(1)(b.1) 0
20(1)(c) 77
20(1)(d) 59
20.1 0
20.2 0
20.4 0
21(1)(a) 114
21(1)(b) 95
21(1)(c) 93
21(1)(d) 27
22 7
22.1(1)  
23 100
24(1) 3
26 9
    * I.A.: International Affairs   Def.: Defence of Canada   S.A.: Subversive Activities  
2.3 Exclusions
Section Number of requests
68(a) 3
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 0
69(1)(a) 14
69(1)(b) 2
69(1)(c) 2
69(1)(d) 1
69(1)(e) 12
69(1)(f) 3
69(1)(g) re (a) 40
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
All disclosed 58 93 0
Disclosed in part 47 294 0
Total 105 387 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 25,648 20,036 151
Disclosed in part 205,809 114,862 341
All exempted 11,543 0 26
All excluded 4,300 0 9
Request abandoned 5,968 0 37
Neither confirmed or denied 0 0 8
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 – 5000 pages processed More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
All disclosed 107 1,959 33 5,844 5 2,561 6 9,672 1 0
Disclosed in part 122 9,603 123 17,316 44 17,149 46 49,264 6 21,530
All exempted 11 0 12 0 1 0 2 0 0 0
All excluded 6 0 2 0 1 0 0 0 0 0
Abandoned 33 0   0 2 0 2 0 0 0
Neither confirmed nor denied 7 0 0 0 1 0 0 0 0 0
Total 286 11,562 170 23,160 54 19,710 56 58,936 6 21,530
2.5.3 Other complexities
Disposition Consultation required Assessment of fees Legal advice sought Other Total
All disclosed 19 0 0 0 19
Disclosed in part 164 0 0 0 164
All exempted 10 0 0 0 10
All excluded 2 0 0 0 2
Abandoned 2 0 0 0 2
Neither confirmed nor denied 3 0 0 0 3
Total 200 0 0 0 200

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
20 1 5 8 6
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 2 3 5
16 to 30 days 1 1 2
31 to 60 days 2 2 4
61 to 120 days 2 1 3
121 to 180 days 0 4 4
181 to 365 days 0 1 1
More than 365 days 0 1 1
Total 7 13 20
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 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 7 0 21 6
Disclosed in part 60 17 150 91
All exempted 3 1 0 6
All excluded 0 1 0 1
No records exist 6 1 0 3
Request abandoned 3 0 0 3
Total 79 20 171 110
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
30 days or less 13 1 52 1
31 to 60 days 7 0 23 38
61 to 120 days 34 15 78 52
121 to 180 days 15 2 10 11
181 to 365 days 8 2 8 6
365 days or more 2 0 0 2
Total 79 20 171 110

Part 4. Fees

4. Fees
Fee Type Fee Collected Fee Waived or Refunded
# of Requests Amount # of Requests Amount
Application 732 $3,660 0 $0
Search 0 $0 0 $0
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
Total 732 $3,660 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 175 13,116 0 0
Outstanding from the previous reporting period 6 98 0 0
Total 181 13,214 0 0
Closed during the reporting period 164 12,046 0 0
Pending at the end of the reporting period 17 1,168 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
Disclose entirely 42 66 13 1 0 0 0 122
Disclose in part 7 13 4 1 0 0 0 25
Exempt entirely 1 4 1 0 0 0 0 6
Exclude entirely 0 1 1 0 0 0 0 2
Consult other institution 3 4 0 0 0 0 0 7
Other 0 2 0 0 0 0 0 2
Total 53 90 19 2 0 0 0 164
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
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
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
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 1 1575 0 0
31 to 60 1 7 0 0 0 0 0 0 0 0
61 to 120 3 9 6 623 2 646 0 0 0 0
121 to 180 2 29 3 419 3 228 3 2,838 1 4,295
181 to 365 0 0 0 0 0 0 1 747 0 0
More than 365 0 0 1 205 0 0 0 0 0 0
Total 6 45 10 1,247 5 874 5 5,160 1 4,295
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
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 Investigation

7 Complaints and Investigation
Section 32 Section 35 Section 37 Total
47 83 40 170

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
Salaries $384,816
Overtime $0
Goods and Services $139,240
 • Professional services contracts $89,036  
 • Other $50,204  
Total $524,056
9.2 Human resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 8.4
Part-time and casual employees 1.8
Regional staff 0.00
Consultants and agency personnel 0.80
Students 2.20
Total 13.20
Date modified: