Annual Report on the Administration of the Access to Information Act 2022‑2023

Table of contents

• Introduction
• Organizational Structure
• Delegation of authority
• Statistics
• Interpretation of the Statistical Report on the Access to Information Act for 2022–2023
  • Section 1. Requests Under the Access to Information Act
  • Section 2. Informal Requests
  • Section 3. Applications to the Information Commissioner on Declining to Act on Requests
  • Section 4. Requests Closed During the Reporting Period
  • Section 5. Extensions
  • Section 6. Fees
  • Section 7. Consultations Received from Other Institutions and Organizations
  • Section 8. Completion Time of Consultations on Cabinet Confidences
  • Section 9. Investigations and Reports of Findings
  • Section 10. Court Action
  • Section 11. Resources Related to the Access to Information Act
• Highlights
  • Training and Awareness
  • Policies, Guidelines, Procedures, and Directives
  • Complaints
  • Monitoring Compliance
• Proactive Publication under Part 2 of the Access to Information Act
• Appendix A: Delegation Order
• Appendix B: Statistical Report on the Access to Information Act for 2022-2023
• Appendix C: Supplementary Statistical Report on the Access to Information Act and Privacy Act for 2022-2023

Introduction

The Access to Information Act (Revised Statutes of Canada, Chapter A-1, 1985) was proclaimed on July 1, 1983, giving Canadian citizens, permanent residents as well as corporations in Canada, the right to access to federal government records that are not of a personal nature. The Access to Information Act (the Act) complements, but does not replace, other procedures for obtaining government records. Moreover, it is not intended to limit, in any way, the access to government records that is normally available to the public upon request and subject to certain specific and limited exceptions.

This annual report describes how the Canada School of Public Service (the School) administered its responsibilities under the Act during the 2022-2023 fiscal year. The School is pleased to present its Annual Report to Parliament, in accordance with section 94(1)^Footnote* of the Access to Information Act (the Act) and section 20 of the Service Fees Act.

Established on April 1, 2004, under the Public Service Modernization Act and operating under the authority of the Canada School of Public Service Act (CSPS Act), the School supports deputy head responsibilities in providing leadership and professional development across the public service by identifying organizational needs and designing and delivering high-quality, practical programs that address the key development requirements of public service employees.

The School, a departmental corporation, is mandated under the CSPS Act to:

• encourage pride and excellence in the public service
• foster a common sense of purpose, values, and traditions in the public service
• assist deputy heads in meeting the learning needs of their organizations
• conduct research and encourage greater awareness of public management, administration, and innovation

The School parallels that of a corporate training and development institution for its client organizations. It supports common public service learning at all levels and across more than 90 federal departments and agencies, while federal organizations focus on mandate-specific training and development. It has a legislative mandate to provide a broad range of learning activities to build public sector capacity at all levels, including management excellence, within the public service. It plays a key role in helping public servants serve Canadians with excellence in a digital age, where Canadians expect their government to be effective, transparent, and open by default.

Organizational structure

The School's access to information and privacy (ATIP) management falls under the responsibility of the ATIP, Parliamentary and Cabinet Affairs, and Special Projects Unit. This unit reports to the Director General, Communications and Engagement, and is led by a Manager, also the School's ATIP Coordinator, as well as two Senior Advisors, one Advisor and two Analysts. These employees form the dedicated resources allocated to the administration of the Access to Information Act, including its responsibilities under to Part 2 Proactive Publication requirements.

In addition to its activities related to parliamentary affairs and government accountability, the responsibilities of the School's ATIP, Parliamentary and Cabinet Affairs, and Special Projects Unit include the following:

• processing requests for information submitted under the Access to Information Act and requests for personal information pursuant to the Privacy Act in accordance with legislation, regulations and Treasury Board of Canada Secretariat (TBS) policies and guidelines
• responding to ATIP consultations received from other government institutions and organizations
• providing advice and guidance to requesters on the application of ATIP legislation, as well as promoting awareness and training to School employees
• collaborating with the Office of the Information Commissioner and with the Office of the Privacy Commissioner on the resolution of complaints
• reviewing departmental documents prior to their proactive disclosure on the public facing websites
• ensuring that the School's information holdings (classes of records and personal information banks) are updated annually in its Info Source chapter
• preparing the statistical reports and the annual reports on the administration of the Access to Information Act and on the administration of the Privacy Act
• participating in ATIP community activities, such as the Treasury Board Secretariat-led ATIP coordinators' and ATIP practitioners' meetings and working groups
• raising awareness on a variety of access to information and privacy-related matters to ensure compliance with access to information and privacy legislation.

Section 96 of the Access to Information Act allows government institutions to provide services related to access to information to another government institution that is presided over by the same minister. In 2022-23, the Canada School of Public Service's ATIP Office (the ATIP Office) did not provide any such services.

Delegation of authority

In July 2022, the School's President delegated full authority for the purposes of the Act to the Director General, Communications and Engagement and to the ATIP, Parliamentary and Cabinet Affairs, and Special Projects Unit's Manager, the ATIP Coordinator. A copy of the signed delegation instrument for the Act, which took effect on July 12, 2022, is included as Appendix A.

Statistics

Interpretation of the Statistical Report Report on the Access to Information Act for 2022–2023

The following outlines the information contained in the Statistical Report on the Access to Information Act for the 2022-2023 reporting period, which is included as Appendix B.

Section 1. Requests Under the Access to Information Act

1.1 Number of requests

During this reporting period (2022-2023), the Canada School of Public Service's ATIP Office (the ATIP Office) received 38 new requests and carried forward five requests from the previous reporting period, for a total of 43 requests – of which 40 were closed.

Of the five requests carried forward from the previous reporting period (2021-2022), four were from that reporting period and one was from the 2019-2020 reporting period. All were carried over within their legislative timelines (including extensions).

The ATIP Office carried forward three requests into the 2023-2024 reporting period, which were within their legislative timelines.  All three requests were from the 2021-2022 reporting period.

1.2 Sources of requests

Of the 38 requests received during this reporting period: 23 were from the public (61%); seven requesters declined to identify (18%); three were from academia (8%), two were from business (5%); two were from organizations (5%); and one was from the media (3%).

1.3 Channels of requests

Of the 38 new requests received, 12 were from the TBS Online Portal and 26 were received by email.

Section 2. Informal Requests

An informal request is defined as a request for information made to the ATIP Office of a Government of Canada institution that is either not made or not processed under the Act. Application fees cannot be charged under the Act for informal requests and there are no timelines for responding. The requester also has no statutory right of complaint to the Information Commissioner of Canada.

2.1 Informal requests

During this reporting period, the ATIP Office received 253 informal requests; one was treated informally, and the other 252 were for previously released requests.

2.2 Channels of informal requests

Of the 253 requests received, 98 were from the TBS Online Portal and 155 were received by email.

2.3 Completion time of informal requests

Of the 253 requests received, 39 were completed within the 1 to 15 days criteria; 20 were completed within the 16 to 30 days criteria; 98 were completed within the 31 to 60 days criteria; 34 were completed within the 61 to 120 days criteria; 51 were completed within the 121 to 180 days criteria; and 11 were completed within the 181 to 365 days criteria.

2.4 Pages released informally

Of the one informal request received and treated informally, 45 pages were processed and released.

Pages released informally are requests for documents that were not previously released by the institution in response to a formal request pursuant to the Act.

2.5 Pages re-released informally

The ATIP Office received 252 requests to re-release previously released documents that were processed pursuant to the Act, and a total of 104,920 pages were re-released.

Pages re-released informally are requests for previously processed Access to Information Act requests released by the institution in response to a formal request pursuant to the Act.

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

There were no requests submitted to the ATIP Office under the Access to Information Act that were considered vexatious, made in bad faith, or an abuse of rights.

Section 4. Requests Closed During the Reporting Period

4.1 Disposition and completion time

Of the 40 requests closed in this reporting period: 31 (or 78%) were completed within 30 days; four (or 10%) required 31 to 60 days to complete; two (or 5%) required 61 to 120 days to complete; two (or 5%) required 121 to 180 days to complete; and one (or 2%) required more than 365 days to complete.

Of the 40 requests closed: one request (or 2%) was abandoned by the requester. The remaining 39 requests were released in the following manner: 33 (or 83%) were all disclosed; and six (or 15%) were disclosed in part.

4.2 Exemptions

The most commonly invoked exemption cited in six requests was section 19(1) of the Act (protection of personal information).

Section 13(1) : Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Part that contains information that was obtained in confidence from: (a) the government of a foreign state or an institution thereof.

Section 15(1) - relating to the characteristics, capabilities, performance, potential, deployment, functions or role of any defence establishment, of any military force, unit or personnel or of any organization or person responsible for the detection, prevention or suppression of subversive or hostile activities.

Section 16(2)(c) - on the vulnerability of particular buildings or other structures or systems, including computer or communication systems, or methods employed to protect such buildings or other structures or systems.

Section 17 - The head of a government institution may refuse to disclose any record requested under this Part that contains information the disclosure of which could reasonably be expected to threaten the safety of individuals.

Section 19(1) - subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this part that contains personal information.

Section 20(1)(b) - financial, commercial, scientific or technical information that is confidential information supplied to a government institution by a third party and is treated consistently in a confidential manner by the third party.

Section 20(1)(c) - information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, a third party;

Section 20(1)(d) - information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a third party.

Section 21(1)(a) - advice or recommendations developed by or for a government institution or a minister of the Crown.

Section 21(1)(b) - an account of consultations or deliberations in which directors, officers or employees of a government institution, a minister of the Crown or the staff of a minister participate.

Section 23 - The head of a government institution may refuse to disclose any record requested under this Act that contains information that is subject to solicitor/client privilege.

4.3 Exclusions

There were two exclusion provisions invoked; one was invoked for section 69(1)(a) and one was invoked for section 69(1)(e).

69 (1) This part does not apply to confidences of the Queen's Privy Council for Canada, including, without restricting the generality of the foregoing

• (a) memoranda the purpose of which is to present proposals or recommendations to Council;
• (e) records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d);

4.4 Format of information released

Of the 40 requests closed, 39 were released in electronic format and one request was abandoned by the requester where no records were released. 

Of the 39 requests released in electronic format, one also contained video recordings.

4.5 Complexity

The following sections detail several factors affecting the complexity of requests that were closed during this reporting period.

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

Of the 40 requests closed: 40 requests (includes 39 that had responsive records and one that was abandoned) generated 14,085 relevant pages processed. The total amount of relevant pages disclosed was 12,389 (in full or in part). The remaining 1,696 pages were either withheld pursuant to exemptions under the Act or were considered not relevant and/or duplicate documents.

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

Of the 40 closed requests that generated responsive records; 18 required processing of 100 pages or less, resulting in the processing of a total of 349 pages; 15 requests fell within the 101-500 pages processed criteria, resulting in the processing of a total of 4,784 pages; five fell within the 501-1000 pages processed criteria, resulting in the processing of a total of 4,069 pages; and two requests fell within the 1001-5000 pages processed criteria, resulting in the processing of a total of 4,883 pages.

4.5.3 Relevant minutes processed and disclosed for audio formats

The ATIP Office did not process any relevant minutes in audio format.

4.5.4 Relevant minutes processed and disclosed for audio formats by size of requests

The ATIP Office did not process nor disclose any relevant minutes in audio format for any requests.

4.5.5 Relevant minutes processed and disclosed for video formats

The ATIP Office processed one request that produced video recordings as well as documents. In this one request, the ATIP Office processed 215 minutes of video recordings and released 215 minutes.

4.5.6 Relevant minutes processed and disclosed for video formats by size of requests

The video file included 215 minutes of video recordings processed and resulted in 215 minutes of video recordings disclosed, which fell within the "more than 120 minutes processed" criteria.

4.5.7 Other complexities

During this reporting period, the ATIP Office consulted other government institutions and third parties on seven occasions.

4.6 Closed requests

The following section details the number of requests closed within the legislated timelines.

4.6.1 Requests closed within legislated timelines

Of the 40 requests closed, all were completed within their legislative timelines – indicating a compliance rate of 100.00%.

Table 4.6.1 Requests closed within legislative timelines - Multi year overview

4.7 Deemed refusals

The following sections provide context on the rationales applied to requests considered deemed refusal throughout this reporting period.

4.7.1 Reasons for not meeting legislative timelines

There were no requests closed past the legislative timeline. This demonstrates the ATIP Office's ongoing commitment to ensuring timely access to records and compliance with the legislation.

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

There were no requests closed beyond legislative timelines.

4.8 Requests for translation

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

Section 5. Extensions

5.1 Reasons for extensions and disposition of requests

Subsection 9(1) of the Access to Information Act allows the head of a government institution to extend the initial period under the following three circumstances:

• 9(1)(a): large number of records or requires a search through a large number of records and meeting the original time limit would interfere unreasonably with the institution's operations;
• 9(1)(b): consultation is necessary and it cannot be completed within the 30-day statutory deadline;
• 9(1)(c): notice is given to a third party under subsection 27(1) of the Access to Information Act.

A total of nine extensions were taken on requests closed during this reporting period, pursuant to 9(1)(a), 9(1)(b) and 9(1)(c) of the Access to Information Act.

5.2 Length of extensions

Of the nine extensions taken, the majority of extensions (88.8%) applied during the reporting period was 60 days or less beyond the initial 30 days legislative timelines to complete each request.

When requesting an extension beyond 30 days, the ATIP Office notifies the requester as well as the Office of the Information Commissioner of Canada (OIC).

Section 6. Fees

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution. With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.

Enabling authority: Access to Information Act

Fee amount: $5

Total Revenue: $0

Fees waived: The ATIP Office waives all fees prescribed by the Act and Regulations in addition to the $5.00 application fee charged for an access to information request, as set out in paragraph 7(1)(a) of the Regulations.

The School waived 38 application fees for this reporting period. The amount of fees waived is $190.00.

The total cost of administering the Act was $197,999, as detailed in Section 11 below.

Section 7. Consultations Received from Other Institutions and Other Organizations

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

Of the 37 consultations completed: 34 (or 92%) were recommended by the School for full disclosure, and 3 (or 8%) were recommended by the School for partial disclosure - all of which were completed within the timelines provided.

The ATIP Office did not receive any requests for consultation from other organizations.

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

Of the 37 consultations completed, 34 (or 92%) were recommended by the School for full disclosure and were completed within the timelines provided; 3 (or 8%) was recommended by the School for partial disclosure, and was also completed within the timeline provided.

7.3 Recommendations and completion time for consultations received from other organizations

The ATIP Office did not receive any requests for consultation from other organizations, including any governments of provinces, territories, municipalities and of other countries.

Section 8. Completion Time of Consultations on Cabinet Confidences

8.1 Requests with legal services

The ATIP Office did not send any consultation requests on Cabinet Confidences to the Department of Justice.

8.2 Requests with Privy Council Office

The ATIP Office sent one consultation for the application of Cabinet Confidences to the Privy Council Office, which required 21 days to complete.

Section 9. Investigations and Reports of Findings

9.1 Investigations

At the start of this reporting period, the ATIP Office had one active complaint outstanding from the 2019-2020 reporting period.

During this reporting period, the ATIP Office did not receive any new complaints pursuant to the Act.

9.2 Investigations and reports of findings

During this reporting period, the School received a formal report of findings from the OIC which was subsequently closed as well-founded.

There are currently no outstanding complaints pursuant to the Act.  

Section 10. Court Action

10.1 Court actions on complaints

There were no Federal Court actions on complaints pursuant the Access to Information Act.

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

There were no Federal Court actions on third party notifications under paragraph 28(1)(b) pursuant to the Access to Information Act.

Section 11. Resources related to the Access to Information Act

11.1 Allocated costs

During the reporting period, the ATIP Office spent a total of $197,999 on staffing and goods and services. This amount does not include the resources required of the School's program areas to meet the requirements of the Act.

11.2 Human Resources

A total of 2.475 combined full-time equivalents (FTEs) were dedicated to access to information activities.

Highlights

2022-2023 Points of interest

Training and Awareness

The ATIP, Parliamentary and Cabinet Affairs, and Special Projects Unit (ATIP Office) informs and guides employees and requesters regarding the administration and the requirements of the Access to Information Act through various forms of communication. During the reporting period, the ATIP Office responded to a significant amount of requests for advice and guidance on various subjects pertaining to the Act.

The ATIP Office's intranet site is continuously updated as more resources are developed to provide School employees and liaison officers with key information on access to information and privacy, and to ensure individual and institutional accountabilities in the accordance with the Act.

In addition to the material developed by the ATIP Office, the development and provision of institutional training on the Basics of Access to Information and Privacy and on the Privacy and its Policies have been provided to School employees; a total of four sessions have been held, in both official languages:

• four sessions on the Basics of Access to Information and Privacy: 18 participants

Data Privacy Day Activities (January 26, 2023)

• Privacy Impact Assessments (PIA 101): 34 participants

Privacy Awareness Week 2022 Activities (May 2-8, 2022)

• OPC Presentation offered to all federal government employees: Publicly available personal information – Privacy as the foundation of trust: 500 participants
• Test Your Knowledge Quiz

Policies, Guidelines, Procedures, and Initiatives

The ATIP Office's focus has been on raising awareness, and developing and revising all its guidelines and procedures over the last two years. In the last year specifically, it has developed and implemented the following:

• Development of presentation: The Basics of Access to Information and Privacy;
• Development of presentation: Privacy and its Policies : A Toolbox for you;
• The revision of PIA Checklist and templates;
• The revision of the Privacy Breach Protocol;
• The revision of the CSPS Privacy Protocol;
• Job aids were developed for School employees to support requirements set out in the administration of the Act.

Complaints

At the start of this reporting period, the ATIP Office had one active complaint outstanding from the 2019-2020 reporting period.

During this reporting period, the School received a formal report of findings from the OIC which was subsequently closed; the request was closed as well-founded.

During this reporting period, the ATIP Office did not receive any new complaints pursuant to the Act.

Monitoring Compliance

Since the School is a small institution with a relatively low number of requests in comparison with other institutions, senior management is kept informed of the time to process access to information requests by means of a weekly report and through ongoing verbal briefings.

The ATIP Office meets to discuss the weekly report with the Director General, Communications and Engagement, on a weekly basis. This report is also shared with the President, Vice-Presidents, Directors General and liaisons on a weekly basis.

Requests closed within legislative timelines - Multi year overview

COVID Impacts

Due to social distancing measures in place for School employees, we have had partial capacity in regards to processing paper records responsive to ATIP requests. As such, there was only minimal impact to our institution's ability to fulfill its Access to Information Act and Privacy Act responsibilities. The mitigation measures applied included, in part, providing extensions to our Offices of Primary Interest to provide the responsive records for several requests.

Proactive Publication under Part 2 of the Access to Information Act

For the purposes of Part 2 of the ATIA, the Canada School of Public Service is considered a government institution, as per Schedule II of the Financial Administration Act.

Pursuant to Part 2 of the ATIA, the following are publications proactively disclosed by the CSPS for the period of 2022‑2023 on the Open Government website:

Travel expenses
For the period of 2022-23, there were 23 publications relating to travel. 

Hospitality expenses
For the period of 2022-23, there was 1 publication related to hospitality.

Reports Tabled in Parliament
For the period of 2022-23, there were 5 publications of reports tabled in Parliament

• Access to Information Act Annual Report
• Privacy Act Annual Report
• Service Fees Act Report
• Departmental Results Report
• Departmental Plan Report

Contracts over $10,000
For the period of 2022-23, there were 114 publications related to contracts valued at over $10,000.

Reclassification of positions
For the period of 2022-23, there was 1 publication related to reclassification of positions.

Grants & Contributions over $25, 000
For the period of 2022-23, there were no publications related to grants and contributions over $25,000.

Contracts of $10,000 or less
For the period of 2022-23, there was 1 publication related to a contract that had been entered into with a value of $10,000 or less, which was amended to a value exceeding $10,000.

Increase or decrease in value of contract
For the period of 2022-23, there were 10 publications related to contracts amended whereby their value was increased or decreased by more than $10,000.

In accordance with the Directive on Access to Information Requests, the ATIP Office publishes summaries of completed access to information requests monthly. A total of 38 summaries were published in 2022–23.

In addition to legislative requirements under Part 2 of the act, the ATIP office also supports proactive publication activities within the School. In 2022–23, the ATIP office received requests to review 48 briefing note titles  before publication.

Finally, of the above-noted publications proactively disclosed during this reporting period, 90% were published within the prescribed legislative timelines. The cases of non-compliance (i.e., the remaining 10%) were instances where a "NIL" notice was required and was not completed. CSPS has identified this gap in its processes and has taken measures to ensure consistent and regular disclosures occur.

Appendix A: Delegation order

Access to Information Act

The President of the Canada School of Public Service, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the President, as the head of the Canada School of Public Service, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders.

Appendix B: Statistical Report on the Access to Information Act for 2022-2023

Name of institution: Canada School of Public Service

Reporting period: 2022-04-01 to 2023-03-31

Section 1: Requests Under the Access to Information Act

Section 2: Informal Requests

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

Section 4: Requests Closed During the Reporting Period

4.5 Complexity

4.6 Closed requests

4.7 Deemed refusals

Section 5: Extensions

Section 6: Fees

Section 7: Consultations Received From Other Institutions and Organizations

Section 8: Completion Time of Consultations on Cabinet Confidences

Section 9: Investigations and Reports of finding

Section 10: Court Action

Section 10: Court Action

Section 11: Resources Related to the Access to Information Act

Note: Enter values to three decimal places.

Appendix C: Supplementary Statistical Report on the Access to Information Act and Privacy Act for 2022-2023

Name of institution: Canada School of Public Service

Reporting period: 2022-04-01 to 2023-03-31

Section 1: Capacity to Receive Requests under the Access to Information Act and the Privacy Act

Enter the number of weeks your institution was able to receive ATIP requests through the different channels.

Section 2: Capacity to Process Records under the Access to Information Act and the Privacy Act

Section 3: Open Requests and Complaints Under the Access to Information Act

Section 4: Open Requests and Complaints Under the Privacy Act

Section 5: Social Insurance Number (SIN)

Section 6: Universal Access under the Privacy Act

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