2020 to 2021 Annual Report to Parliament: Access to Information Act

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.

This report reflects the access to information activities of Indigenous Services Canada from April 1, 2020 to March 31, 2021.

The annual report, submitted to Parliament pursuant to section 94 of the ATIA, describes the activities of ISC that support compliance with access to information legislation. The report details the activities and accomplishments of ISC's Access to Information and Privacy (ATIP) Directorate, including highlights such as:

  • Ensuring a no break in service during Covid-19;
  • Continued training initiatives to increase departmental ATIA capacity and awareness; and
  • Further development of ATIP in a shared service.

Creation of Two New Departments

In June 2019, the Department of Crown-Indigenous Relations and Northern Affairs Act and the Department of Indigenous Services Act received royal ascent. This formalized the creation of the two new departments. The ATIP Directorate provides shared services support for Indigenous Services Canada (ISC) and Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) through a Memorandum of Understanding (MOU) between the Departments.

Delegation on ministerial responsibilities for the Access to Information Act (ATIA) remains institutionally specific.

Indigenous Services Canada's Mandate

The primary mandate of Indigenous Services Canada is improving the quality of services delivered to First Nations, Inuit, and Métis Peoples. The Department will work to close socioeconomic gaps and ultimately ensure that Indigenous Peoples have control over their services and programs. The Department of Indigenous Services Canada will focus, in partnership with Indigenous peoples, on the following five interconnected priority areas: health, education, children and families, infrastructure, and a new fiscal relationship.

Indigenous Services Canada works collaboratively with partners to improve access to high quality services for First Nations, Inuit and Métis Peoples.

Our vision is to support and empower Indigenous peoples to independently deliver services and address the socio-economic conditions in their communities.

ISC has been given the responsibility to identify the best models for delivering improved services to Indigenous Peoples and improve accountability to Indigenous Peoples for the quality of services delivered by the Department.

As Canada moves towards greater Indigenous self-government, ISC will oversee the provision of existing services to Indigenous Peoples, and particularly First Nations under the Indian Act, including the provision of community infrastructure, emergency management, water, education, moneys and trusts, and registration.

The Department works in collaboration with its partners to create systemic change in how the federal government delivers health services to Indigenous Peoples.

II. Organization

ATIP Directorate at ISC

The Access to Information and Privacy 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 ISC Senior Management Committee. 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.

Under a shared service MOU, all ATIP analysts processed requests for both ISC and CIRNAC. They processed requests of varying volume and complexity based on their classification level.

The ATIP Directorate provides 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. Education and awareness of access to information and privacy issues throughout the Department; and
  4. Proactive publications.

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.

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.

The Privacy/Policy team is available to provide expert advice, maintain and monitor privacy risks as well as support ISC with the creation of privacy policy training.

In addition to the ATIP Directorate, within each of the sectors and regional offices of ISC are located ATIP Liaison Officers (ALOs) who receive requests for records from the ATIP Directorate and subsequently task the requests, as appropriate, to areas within their sector. The 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 within the designated time allowances.

Organizational Chart
Text alternative for the Organizational Chart

Director's Office

The Director (EX-01), as institutional ATIP Coordinator, holds full delegated authority under the ATIA. The Director is supported in day-to-day administrative tasks by the Deputy Director Operations (PM-06), Deputy Director Privacy/Policy (PM-06) and an Administrative Assistant (AS-01) and in reporting by the Systems Administrator (AS-04).

Intake Team

The Intake Team is led by one Team Lead (PM-05) and is comprised of various Intake Officers (PM-01 and CR-04's), 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.

Operations Team

The Operations Team is led by four Team Leaders (PM-05), who are responsible for the overview of request processing by their team, including the review of completed requests. The Operations Team consists of Analysts at the PM-04, PM-03, and PM-02 levels who process Access and Privacy requests of varying volume and complexity, as well as provide training.

Privacy/Policy Team

The Privacy/Policy Team is led by two Team Leaders (PM-05), who are responsible for the overview of request processing by their team, including the review of privacy/policy requests. The Privacy/Policy Team consists of Analysts at the PM-04, PM-03 and PM-02 levels who respond to Privacy matters (such as privacy breaches, Privacy Impact Assessment), also provides training and Privacy advice, supported by a Clerk (CR-04).

III. Delegation Order

Under section 95 of the ATIA, the Minister's authority may be delegated to departmental officials in order to administer the ATIA within ISC.

During the reporting period, the delegation order signed by Minister Marc Miller on November 6, 2020, was in effect (Appendix A).

Under section 95 of the ATIA, the order delegates full authority and responsibility for the ATIA to the following positions:

  • Deputy Minister
  • Associate Deputy Minister
  • Corporate Secretary
  • ATIP Coordinator
  • Deputy Director's

Statistics

IV. Interpretation of the Statistical Report

ISC's Statistical Report and Supplemental Report was submitted to the Treasury Board Secretariat (TBS) on June 4, 2021 (Appendix B). The Report details various aspects of the requests ISC received and processed during the period of April 1, 2020 to March 31, 2021. 

Section 1. Requests under the Access to Information Act

1.1 Number of requests

In 2020-2021 ISC received 358 requests, a decrease of approximately 28% compared to 498 in 2019-2020 (Table 1.1), 359 were carried over for a total of 717 requests to be processed. The ATIP Directorate completed 342 requests and carried 375 requests into the next reporting period 2021-2022.

The listing of ISC's completed access to information requests can be found at: Completed Access to Information Requests

More requests were closed in the current reporting year despite the impact of the COVID-19 pandemic.

Table 1.1 Number of requests
Number of Requests 2018-2019 2019-2020 2020-2021
Received during reporting period 499 498 358
Outstanding from previous reporting period 50 154 359
Total 549 652 717
Closed during reporting period 395 302 342
Carried over to next reporting period 154 350 375
1.2 Sources of requests

Of the 358 requests received during the reporting period, 143 (40.0%) were from Public, followed by 97 (27.1%) from academia, and 81 (22.6%) from businesses (Table 1.2). In 2020-2021 ISC received requests predominantly from the public, academia and businesses. (Table 1.2)

Table 1.2 Sources of Requests from 2018 to 2021
Source 2018-2019 2019-2020 2020-2021
Public 105 (21%) 164 (32.9%) 143 (40.0%)
Media 149 (29.9%) 167 (33.5%) 21 (5.8%)
Business 71 (14.2%) 57 (11.4%) 81 (22.6%)
Organization 19 (3.8%) 9 (1.8%) 5 (1.4%)
Academia 86 (17.2%) 77 (15.5%) 97 (27.1%)
Decline to Identify 69 (13.8%) 24 (4.8%) 11 (3.1%)
Total 499 498 358
1.3 Informal Requests

During the 2020-2021 reporting period, ISC received 144 informal requests, an increase of 336% compared to the 33 requests received in 2019-2020. (Table 1.3)

Table 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
2 5 19 41 23 54 0 144

Section 2. Decline to act vexatious, made in bad faith or abuse of rights requests

There were no requests submitted to ISC under the Access to Information Act that were considered vexatious, made in bad faith, or an abuse of rights during the 2020-2021 reporting year.

Section 3. Requests closed During the Reporting Period

3.1 Disposition and completion time

Of the 342 requests closed during the reporting period, ISC was able to fully or partially disclose records in 140 cases, the result was a disclosure of records 40.9% of the time. Overall, 233 (68.1%) of the 342 requests were closed within legislated timelines.

Disposition and completion time
Text alternative for: Disposition and completion time

The above pie chart demonstrates the disposition of the completed requests and their completion time.

All disclosed: 2 requests closed within the first 15 days, 8 requests closed between 16 to 30 days, 16 requests closed between 31 to 60 days, 15 requests closed between 61 to 120 days and 4 requests closed between 181 to 365 days, and 1 took more than 365 days for a total of 51 (15%) of the completed requests.

Disclosed in part: 2 requests closed within the first 15 days,5 requests closed between 16 to 30 days, 8 requests closed between 31 to 60 days, 14 requests closed between 61 to 120 days, 15 requests closed between 121 to 180 days, 29 requests closed between 181 to 365 days and 16 took more than 365 days totaling 89 (26%) of the completed requests.

All exempted: 0 requests closed within the first 15 days, 0 requests closed between 16 to 30 days, 0 request closed between 31 to 60 days, 14 requests closed between 61 to 120 days, 8 request closed between 121 to 180 days, 9 took more than 365 days totaling 34 (10%) of the completed requests.

All excluded: 0 request closed between 16 to 30 days, 0 requests closed between 16 to 30 days, 0 requests closed between 61 to 120 days and 3 request closed between 121 to 180 days for a total of 3 (1%) of the completed requests.

No records exist: 21 requests closed between within 15 days, 28 requests closed between 16 to 30 days, 9 requests closed between 31 to 60 days, 4 requests closed between 61 to 120 days, 13 requests closed between 121 to 180 days, 20 requests closed between 181 to 365 days, and 9 took more than 365 days, totaling 104 (30%) of the completed requests.

Request transferred: 1 requests closed between within 15 days, 0 requests closed between 16 to 30 days, 1 request closed between 31 to 60 days, 1 requests closed between 61 to 120 days 0 requests closed between 121 to 180 days, for total of 4 (1%) of the completed requests.

Request abandoned: 22 requests closed between within 15 days, 7 requests closed between 16 to 30 days, 2 request closed between 31 to 60 days, 6 request closed between 61 to 120 days, 4 requests closed between 121 to 180 days, 5 request closed between 181 to 365 days, 11 requests took more than 365 days, for a total of 57 (17%) of the completed requests.

Among the 342 requests 48 were closed within 15 days, 48 were closed between 16 and 30 days, 36 were closed between 31 to 60 days, 54 were closed between 61 to 120 days, 44 were closed between 121 and 180 days, 66 were closed between 181 and 365 days and 46 took more than 365 days to be completed.

About 18% percent of requests were abandoned, treated informally, or transferred to the appropriate government institution. Only in 37 cases (10.8 % of all requests) were the relevant records fully exempted or excluded under provisions of the Act.

There were 96 requests that required less than 31 days to process, 48 of which took no more than 15 days to complete.

There was a "no records exist" response in 104 cases or 30.4% of the workload. It was followed by "disclosed in part", with 89 cases or 26%, and then "request abandoned" in 57 cases or 16.6%. Finally, "all disclosed" in 51 cases or 14.9%. (Table 3.1)

Table 3.1 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 2 8 16 15 4 5 1 51
Disclosed in part 2 5 8 14 15 29 16 89
All exempted 0 0 0 14 8 3 9 34
All excluded 0 0 0 0 0 3 0 3
No records exist 21 28 9 4 13 20 9 104
Request transferred 1 0 1 1 0 1 0 4
Request abandoned 22 7 2 6 4 5 11 57
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 48 48 36 54 44 66 46 342
3.2 Exemptions

The most commonly invoked exemption during the reporting period was protection of personal information pursuant to section 19(1) of the Act, which was cited in 78 requests (Table 3.2). The next most commonly used exemptions were applied under section 21(1)(a) (advice to government) which was applied in 19 instances. Section 20(1)(b) was applied in 71 instances, which protects third party information. (Table 3.2)

Table 3.2 Number of requests closed where exemption provisions were invoked
Section Number of requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 1
14 0
14(a) 0
14(b) 0
15(1) 0
15(1) – I.A.* 0
15(1) – Def.* 0
15(1) – S.A.* 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0
20.1 11
20.2 0
20.4 0
21(1)(a) 19
21(1)(b) 16
21(1)(c) 3
21(1)(d) 1
22 0
22.1(1) 0
23 9
23.1 0
24(1) 0
26 0
16(2) 4
16(2)(a) 0
16(2)(b) 0
16(2)(c) 11
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
16.31 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
16.6 0
17 0
18(a) 2
18(b) 0
18(c) 0
18(d) 2
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 78
20(1)(a) 0
20(1)(b) 71
20(1)(b.1) 9
20(1)(c) 4
20(1)(d) 4
Total: 245
* I.A.: International Affairs
* Def.: Defence of Canada
* S.A.: Subversive Activities
3.3 Exclusions

In 2020-2021, the Department applied five mandatory exclusion provisions to completed requests. The most frequently applied was for records relating to memorandum to cabinet. (Table 3.3)

Table 3.3 Number of requests closed where exclusion provisions were applied
Section Number of requests
68(a) 1
68(b) 0
68(c) 0
68.1 1
68.2(a) 1
68.2(b) 1
69(1) 0
69(1)(a) 0
69(1)(b) 0
69(1)(c) 0
69(1)(d) 0
69(1)(e) 1
69(1)(f) 0
69(1)(g) re (a) 0
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: 6
3.4 Format of information released

Over the course of this reporting period, the majority of responses were provided to the requester electronically through E-post due to limitations and adjustments in our processes as a result of the COVID-19 pandemic. On three occasions, individuals who did not have access to retrieve records electronically were provided with paper copies through regular mail.(Table 3.4)

Table 3.4 Format of information released
Paper Electronic Other formats
3 137 0
3.5 Complexity

The following sections detail several factors affecting the complexity of requests that were completed throughout 2020-2021.

3.5.1 Relevant pages processed and disclosed

Of the 342 requests closed, 140 requests generated 49,811 pages processed, 104 had no records. The total amount of pages disclosed was 17,679 during the reporting period. Four requests were transferred to other departments. (Table 3.5.1)

Table 3.5.1 Relevant pages processed and disclosed
Number of pages processed Number of pages disclosed Number of requests
49,811 17,679 342
3.5.2 Relevant pages processed and disclosed by size of requests

The majority of the requests (183 or 53.5%) disclosed 100 pages or less. At the other end of the spectrum, six requests required the review of over 1,000 pages, which accounted for 3,644 pages of records disclosed. (Table 3.5.2)

Table 3.5.2 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 41 626 10 1,592 0 0 0 0 0 0
Disclosed in part 56 1,669 23 5,310 7 3,845 3 3,644 0 0
All exempted 26 0 3 0 2 0 2 0 1 0
All excluded 3 0 0 0 0 0 0 0 0 0
Abandoned 57 993 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0 0 0
Total 183 3,288 36 6,902 9 3,845 5 3,644 1 0
3.5.3 Other complexities

During the reporting period, the Department consulted 88 times over the fiscal years and in 25 instances with other government institution such as: Environment Canada, Global Affairs Canada, Health Canada, Natural Resources Canada, the Royal Canadian Mounted Police, etc. (Table 3.5.3)

Table 3.5.3 Other complexities
Disposition Consultation required Assessment of fees Legal advice sought Other Total
All disclosed 1 0 0 8 9
Disclosed in part 1 0 1 33 51
All exempted 5 0 0 11 16
All excluded 0 0 0 1 1
Abandoned 2 0 0 9 11
Neither confirmed nor denied 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0
Total 25 0 1 62 88
3.6 Closed Requests
3.6.1 Number of requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 233
Percentage of requests closed within legislated timelines (%) 68.1
3.7 Deemed Refusal

During the reporting period, ISC did not respond within the statutory timelines on 109 occasions. Pressures included external consultations with First Nation's communities and other institutions. In addition, there were also internal consultations as well as new reporting requirements under Bill C-58. The majority of deemed refusals were a result of COVID-19 and the Department's ability to retrieve records. All of these factors affected workload and overall performance.

3.8 Requests for translation

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

Section 4. Extensions

4.1 Reasons for extensions and disposition of requests

With a workload of 717 requests for 2020-2021 (received and carried over from previous fiscal year), a total of 275 extensions were applied under section 9(1) of the Act. The most prevalent reason for extending deadlines during this reporting period was for interference with operations 192 times, or represents 69.8% of all extensions.

In cases where extensions were applied pursuant to section 9(1)(a), due to volume/interference, it resulted in "disclosed in part" 35.4% of the time. Where an extension was taken under either 9(1)(b) or 9(1)(c for consultations, records were "fully disclosed" or "partially disclosed" in 126 out of 275 instances (45.8%) (Table 4.1).

Only two extensions were taken for the purpose of consulting the Departmental Legal Services Unit on potential Cabinet Confidences. (Figure 4.1 and Table 4.1

Figure 4.1 Extensions and workload
Text alternative for: Extensions and workload

There are three (3) possible reasons for extension as per the Act: Interference with Operations, Consultations and Third Party Notice.

The ATIP Office identified 192 requests having an extension explained by the inference of operations in order to complete the requests. Among the 192, 30 requests were disclosed in full, 68 were disclosed in part, records were exempted in its entirety in 23 requests and excluded in 3, 48 had no responsive documents to the requests and 20 were abandoned by the requesters.

The ATIP Office identified 2 requests having an extension taken to complete consultation for possible cabinet confidences, 1 was disclosed in part, 1 was abandoned by the requester. 20 extensions were taken to consult with other government departments, among those, 9 were disclosed in part, records were exempted in its entirety in 4, 4 had no responsive documents to the requests and 2 were abandoned by the requesters.

Lastly, 61 requests were sent for consultation to third parties to obtain their representations concerning the disclosure of their information within our records. Among those, 3 were all disclosed, 15 were disclosed in part, the records were fully exempted in 33 requests, excluded in 1, 9 had no responsive documents to the requests.

Table 4.1 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 30 0 0 3
Disclosed in part 68 1 9 15
All exempted 23 0 4 33
All excluded 3 0 1 1
No records exist 48 0 4 9
Request abandoned 20 1 2 0
Decline to act with the approval of the Information Commissioner 0 0 0 0
Total 192 2 20 61
4.2 Length of extensions

The majority of extensions applied during the reporting period was less than 120 days or 60% of the overall workload (Table 4.2).

Table 4.2 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 25 0 2 1
31 to 60 days 27 0 5 38
61 to 120 days 20 2 13 18
121 to 180 days 108 0 0 1
181 to 365 days 12 0 0 3
365 days or more 0 0 0 0
Total 192 2 20 61

The length of extensions applied under paragraph (a) and (b) was largely dependent on timeframes decided by our program areas due to the restrictions of accessing records caused by the COVID-19 pandemic.

Whenever an extension of over 30 days was applied, the Department notified the Office of the Information Commissioner.

Section 5. Fees

The Department collected application fees for 290 requests over the course of the reporting period (Table 5) and waived fees on 68 requests for an amount of $1,450 in fees collected. (Table 5)

Table 5. Fees collected and waived
Fee Type Fee Collected Fee Waived or Refunded
# of Requests Amount # of Requests Amount
Application 290 $1,450 68 $340
Other Fees 0 0 0 0
Total 290 $1,450 68 $340

Section 6. Consultations Received from other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and organizations

The Department received 58 consultations for a total of 2,852 pages from other government institutions and seven consultations from other organizations with 88 pages to review. Another 27 files from the previous year were carried over, for a total of 92 consultations in 2020-2021 (Table 6.1). A total of 76 consultations were completed, which included the review of 2,638 pages, and 16 consultations were carried into the 2021-2022 fiscal year. 

Table 6.1 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 58 2,852 7 88
Outstanding from the previous reporting period 21 411 6 242
Total 79 3,263 13 330
Closed during the reporting period 65 2,338 11 300
Pending at the end of the reporting period 14 925 2 30
6.2 Recommendations and completion time for consultations received from other Government of Canada institutions

In 2020-2021, of the 65 consultations completed, 45 consultations or 69.3% were recommended by the Department for full disclosure (Table 6.2).

Forty four consultations or 68% of the time, were completed within 120 days of their receipt (Table 6.2). There were 21 occurrences where the Department required longer than 120 days to provide a response to the consulting institution.

Table 6.2 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 5 8 12 8 4 5 3 45
Disclose in part 0 1 1 2 0 4 0 8
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 3 2 2 0 2 3 0 12
Other 0 0 0 0 0 0 0 0
Total 8 11 15 10 6 12 3 65
6.3 Recommendations and completion time for consultations received from other organizations

In 2020-2021, the Department received seven new consultation requests from other organizations. Six consultations were carried over from the previous year and a total of 11 consultations were closed. For the purposes of this section, other organizations include the governments of the provinces, territories, municipalities and of other countries.

Four of the consultations processed were completed within 60 days of their receipt (Table 6.3).

Table 6.3 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 1 3 0 2 2 0 8
Disclose in part 0 0 0 1 0 0 0 1
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 1 0 0 1
Consult other institution 0 0 0 0 1 0 0 1
Other 0 0 0 0 0 0 0 0
Total 0 1 3 1 4 2 0 11

Section 7. Completion time of Consultations on Cabinet Confidences

In 2020-2021, one consultations was sent for the application of section 69 of the Act to the Departmental Legal Services Unit for possible Cabinet Confidences (Table 7.1). A total of four pages were recommended to be disclosed. 

Table 7.1 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 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 1 4 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 1 4 0 0 0 0 0 0 0 0
Table 7.2 Requests with Privy Council Office

Throughout 2020-2021, ISC did not send any consultation requests to the Privy Council Office.

Section 8. Complaints and Investigations

During the 2020-2021 reporting period, eight new complaints were registered with the Office of the Information Commissioner (OIC) (Table 8.1) and a total of three complaints were closed by the Department. The annual statistical report requires institutions to identify sections of the Act under complaint (section 32, 30(5), 35 and 37). Section 32 captures a new formal complaint from the OIC. Section 30(5) captures when a complaint is discontinued or abandoned. Section 35 requires the institution to make representations against a complaint to the OIC. Section 37 is the formal finding of the OIC and closure of the complaint. These sections are not cumulative. ATIP processed a total of 7,164 pages under complaint during this reporting period.

Table 8.1 Complaints and Investigation
Section 32 Notice of intention of investigate Section 30(5) Ceased to investigate Section 35 Formal representations Section 37 Reports of finding received Section 37 Reports of findings containing recommendations by the information commissioner Section 37 Reports of finding containing orders issues by the Information Commissioner
8 1 2 2 0 0

Section 9. Court Action

There were no federal court action during this reporting period.

Section 10. Resources related to the Access to Information Act

10.1 Costs

The ATIP Directorate functioned under a shared services model to support ISC and CIRNAC. It spent a total of $2,234,522 on staffing, and was supported by 26.094 human resources.

Calculations for the annual reports reflect the level of effort in support ISC's responsibilities pursuant to the Acts.

In 2020-2021, ISC spent $810,511 on the administration of the ATIA and was supported by 12.77 Human Resources.
(Table 10.1 and 10.2)

Table 10.1 Resources related to the Access to Information Act
Expenditures Amount
Salaries $700,742
Overtime $41,882
Goods and Services $67,887
Professional services contracts $62,939
Other $4,948
Total $810,511
10.2 Human Resources

A total of 9.677 full-time equivalents (FTEs) were dedicated to access to information activities (Table 10.2).

Table 10.2 Human resources dedicated to the administration of the Access to Information Act
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 9.153
Part-time and casual employees 0.274
Regional staff 0.000
Consultants and agency personnel 0.250
Students 0.000
Total 9.677

Highlights

V. 2020-2021 Points of Interest

The ATIP Directorate administers the Acts as a shared service for both Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and Indigenous Services Canada (ISC) since November 30, 2017. This past fiscal year (2020-2021) was the third full year of reporting for Indigenous Services Canada under the Access to Information Act and the Privacy Act.

The Department received 358 access to information requests and closed 342. It processed 62,589 pages of records under the legislation and carried over 375 files into the new year (2021-2022).

The largest source of access to information requestors came from the public at 40% followed by the academia at 27.1%.

In addition, 65 requests for consultation were received from other institutions and organizations with a page count of 2,940.

Furthermore, 144 informal requests were received and completed in 2020-2021 compared to 33 in the 2019-2020 reporting period.

The majority of exemptions applied pursuant to the Access to Information Act were Section 19 for personal information, followed by Section 21(1) for advice and guidance. These are consistent with the previous year's reporting. The exclusion applied the most under section 69(1) as they generally contained references to records related to funding via Treasury Board Submission and Memoranda to Cabinet.

As for the extensions requested beyond 30 days, pursuant to the Access to Information Act, was under Section 9(1)(a) for interference with operations due to COVID-19, was used the most.

The Department only received eight complaints from the Office of the Information Commissioner, closed two and processed 7,164 pages under complaints.

During the fiscal year, the ATIP office provided recommendations to the sectors concerning the proactive disclosure of their documents. A total of 32 files were processed and 2,976 pages were reviewed.

ATIP Directorate also trained a total of 860 employees (209 CIRNAC/651 ISC) on the Access to Information Act and Privacy Act in 2020-2021.

In 2020-2021, ISC allocated 9.677 FTEs and $810,511 in support of ATIP legislation.

In a shared environment for both CIRANC and ISC, a total of $2,234,522 was spent on staffing, goods and services, and was supported by 26.094 human resources in the administration of both Acts.

COVID Impacts

In effort to better serve Canadians, ATIP implemented electronic E-Post to facilitate sending responses to requesters and implemented new internal procedures to streamline processes and increase effectiveness. In addition, three consultants were also hired to help in processing the backlog.

Appendix A

Delegation Order

Access to Information Act and Privacy Act

I, the Minister of Indigenous Services Canada, pursuant to section 95 of the Access to Information Act and section 73 of the Privacy Act, hereby delegate the persons holding the positions set out in the Delegation of Authority Schedule attached hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Minister as head of Indigenous Services Canada, under the provisions of the Act and related regulations set out in the schedule opposite each position. This delegation supersedes all previous delegation orders.

Minister of Indigenous Sevices

Signed on November 6, 2020

Schedule A

Delegation of Authority Schedule

Position Access to Information Act and Regulations Privacy Act and Regulations
Deputy Minister Full authority Full authority
Associate Deputy Minister Full authority Full authority
Corporate Secretary Full authority Full authority
Director, Access to Information and Privacy Full authority Full authority
Deputy Director, Access to Information and Privacy Full authority Full authority except:
Sections
8(2)(j), 8(2)(m), 8(5), 9(1), 9(4), 10

Appendix B

Statistical Report on the Access to Information Act

Name of institution: Indigenous Services Canada

Reporting period: 4/1/2020 to 3/31/2021

Section 1: Requests Under the Access to Information Act

1.1 Number of requests

  Number of Requests
Received during reporting period 358
Outstanding from previous reporting period 359
Total 717
Closed during reporting period 342
Carried over to next reporting period 375

1.2 Sources of requests

Source Number of Requests
Media 143
Academia 21
Business (private sector) 81
Organization 5
Public 97
Decline to Identify 11
Total 358

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
2 5 19 41 23 54 0 144
Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.

Section 2: Decline to act vexatious, made in bad faith or abuse of right requests

  Number of Requests
Outstanding from previous reporting period 0
Sent during reporting period 0
Total 0
Approved by the Information Commissioner during reporting period 0
Declined by the Information Commissioner during  reporting period 0
Carried over to next reporting period 0

Section 3: Requests Closed During the Reporting Period

3.1 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 2 8 16 15 4 5 1 51
Disclosed in part 2 5 8 14 15 29 16 89
All exempted 0 0 0 14 8 3 9 34
All excluded 0 0 0 0 0 3 0 3
No records exist 21 28 9 4 13 20 9 104
Request transferred 1 0 1 1 0 1 0 4
Request abandoned 22 7 2 6 4 5 11 57
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commisioner 0 0 0 0 0 0 0 0
Total 48 48 36 54 44 66 46 342

3.2 Exemptions

Section Number of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 1
14 0
14(a) 0
14(b) 0
15(1) 0
15(1) - I.A.* 0
15(1) - Def.* 0
15(1) - S.A.* 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0
16(2) 4
16(2)(a) 0
16(2)(b) 0
16(2)(c) 11
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
16.31 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
16.6 0
17 0
18(a) 0
18(b) 3
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) 78
20(1)(a) 0
20(1)(b) 71
20(1)(b.1) 9
20(1)(c) 4
20(1)(d) 4
20.1 11
20.2 0
20.4 0
21(1)(a) 19
21(1)(b) 16
21(1)(c) 3
21(1)(d) 1
22 0
22.1(1) 0
23 9
23.1 0
24(1) 0
26 1
* I.A.: International Affairs
* Def.: Defence of Canada
* S.A.: Subversive Activities

3.3 Exclusions

Section Number of Requests
68(a) 1
68(b) 0
68(c) 0
68.1 1
68.2(a) 1
68.2(b) 1
69(1) 0
69(1)(a) 0
69(1)(b) 0
69(1)(c) 0
69(1)(d) 0
69(1)(e) 1
69(1)(f) 0
69(1)(g) re (a) 0
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

3.4 Format of information released

Paper Electronic Other
3 137 0

3.5 Complexity

3.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
49,811 17,679 234
3.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More Than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
All disclosed 41 626 10 1,592 0 0 0 0 0 0
Disclosed in part 56 1,669 23 5,310 7 3,845 3 3,644 0 0
All exempted 26 0 3 0 2 0 2 0 1 0
All excluded 3 0 0 0 0 0 0 0 0 0
Request abandoned 57 993 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0 0 0
Total 183 3,288 36 6,902 9 3,845 5 3,644 1 0
3.5.3 Other complexities
Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 1 0 0 8 9
Disclosed in part 17 0 1 33 51
All exempted 5 0 0 11 16
All excluded 0 0 0 1 1
Request abandoned 2 0 0 9 11
Neither confirmed nor denied 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0
Total 25 0 1 62 88

3.6 Closed requests

3.6.1 Number of requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 233
Percentage of requests closed within legislated timelines (%) 68.1

3.7 Deemed refusals

3.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
109 69 3 0 37
3.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines Number of Requests Past Legislated Timeline Where No Extension Was Taken Number of Requests Past  Legislated Timeline Where an Extension Was Taken Total
1 to 15 days 7 7 14
16 to 30 days 6 15 21
31 to 60 days 1 3 4
61 to 120 days 2 13 15
121  to 180 days 1 15 16
181 to 365 days 7 8 15
More than 365 days 8 16 24
Total 32 77 109

3.8 Requests for translation

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

Section 4: Extensions

4.1  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 30 0 0 3
Disclosed in part 68 1 9 15
All exempted 23 0 4 33
All excluded 3 0 1 1
No records exist 48 0 4 9
Request abandoned 20 1 2 0
Decline to act with the approval of the Information Commisioner 0 0 0 0
Total 192 2 20 61

4.2 Length of extensions

Length of Extensions 9(1)(a) Interference With Operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
30 days or less 25 0 2 1
31 to 60 days 27 0 5 38
61 to 120 days 20 2 13 18
121 to 180 days 108 0 0 1
181 to 365 days 12 0 0 3
365 days or more 0 0 0 0
Total 192 2 20 61

Section 5: Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of Requests Amount Number of Requests Amount
Application 290 $1,450 68 $340
Other fees 0 $0 0 $0
Total 290 $1,450 68 $340

Section 6: Consultations Received From Other Institutions and Organizations

6.1  Consultations received from other Government of Canada institutions and organizations

Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during reporting period 58 2,852 7 88
Outstanding from the previous reporting period 21 411 6 242
Total 79 3,263 13 330
Closed during the reporting period 65 2,338 11 300
Carried over to next reporting period 14 925 2 30

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

Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121  to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 5 8 12 8 4 5 3 45
Disclose in part 0 1 1 2 0 4 0 8
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 3 2 2 0 2 3 0 12
Other 0 0 0 0 0 0 0 0
Total 8 11 15 10 6 12 3 65

6.3 Recommendations and completion time for consultations received from other organizations

Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121  to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 0 1 3 0 2 2 0 8
Disclose in part 0 0 0 1 0 0 0 1
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 1 0 1
Consult other institution 0 0 0 0 0 1 0 1
Other 0 0 0 0 0 0 0 0
Total 0 1 3 1 2 4 0 11

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More Than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 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 1 4 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 1 4 0 0 0 0 0 0 0 0

7.2 Requests with Privy Council Office

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

Section 8: Complaints and investigations

Section 32 Notice of intention to investigate Subsection 30(5) Ceased to  investigate Section 35 Formal representations Section 37 Reports of finding received Section 37 Reports of finding containing recommendations issued by the Information Commissioner Section 37 Reports of finding containing orders issued by the Information Commissioner
8 1 2 2 0 0

Section 9: Court Action

9.1 Court actions on complaints received before June 21, 2019 and on-going

Section 41 (before June 21, 2019) Section 42 Section 44
0 0 0

9.2 Court actions on complaints received after June 21, 2019

Section 41 (after June 21, 2019)
Complainant (1) Institution (2) Third Party (3) Privacy Commissioner (4) Total
0 0 0 0 0

Section 10: Resources Related to the Access to Information Act

10.1  Costs

Expenditures Amount
Salaries $700,742
Overtime $41,882
Goods and Services $67,887
Professional services contracts $62,939
Other $4,948
Total $810,511

10.2  Human Resources

Resources Person Years Dedicated to Access to Information Activities
Full-time employees 9.153
Part-time and casual employees 0.274
Regional staff 0.000
Consultants and agency personnel 0.250
Students 0.000
Total 9.677
Note: Enter values to three decimal places.

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