Annual Report to Parliament on the Access to Information Act April 1, 2015 to March 31, 2016

Table of Contents

Introduction 
Our Mandate 
Our Mission 
Access to Information Activities 
Historical Trend Analysis 
Appendix A – Statistical Report 
Appendix B – Delegation Order 
 

INTRODUCTION

The Office of the Correctional Investigator is pleased to submit to Parliament its Annual Report on the administration of the Access to Information Act ( ATIA ) for the fiscal year commencing on April 1, 2015 and ending March 31, 2016. This report is submitted in accordance with section 72 of the Act . This report is tabled in Parliament by the Minister of Public Safety and Emergency Preparedness.

The Access to Information Act took effect on July 1, 1983. The ATIA gives Canadian citizens, permanent residents and any person and corporation present in Canada a right of access to information contained in government records, subject to certain specific and limited exceptions.

OUR MANDATE

The Office of the Correctional Investigator is mandated by Part III of the Corrections and Conditional Release Act as an Ombudsman for federal offenders. The primary function of the Office is to investigate and bring resolution to individual offender complaints. The Office as well, has a responsibility to review and make recommendations on the Correctional Service's policies and procedures associated with the areas of individual complaints to ensure that systemic areas of concern are identified and appropriately addressed.

OUR MISSION

As the ombudsman for federally sentenced offenders, the Office of the Correctional Investigator serves Canadians and contributes to safe, lawful and humane corrections through independent oversight of the Correctional Service of Canada by providing accessible, impartial and timely investigation of individual and systemic concerns. While an independent organization, the Office of the Correctional Investigator is part of the Public Safety and Emergency Preparedness Portfolio.

ACCESS TO INFORMATION ACTIVITIES

The Minister of Public Safety and Emergency Preparedness is the designated head of the institution for the Access to Information Act . The Correctional Investigator has been delegated full authority under the Access to Information Act by the Minister. Full authority under the Act has also been delegated to the Access to Information and Privacy Coordinator. The delegation of authority to administer the Act was confirmed by the Minister of Public Safety and Emergency Preparedness on November 30, 2015 ( see Appendix B ).

While the responsibilities of ATIP Coordinator are assigned to the Director of Corporate Services and Planning, the actual processing of requests and any associated activities are generally carried out by a consultant. Given the limited number of requests, it is felt that this is the most cost effective utilization of resources and delivery of these activities.

The ATIP Coordinator is accountable for the development, coordination and implementation of effective policies, guidelines, systems and procedures to ensure the responsibilities under the Access to Information Act are met and to enable appropriate processing and proper disclosure of information. The Coordinator is also responsible for related policies, systems and procedures emanating from the Act .

The main activities of the ATIP Coordinator include:

• Processing requests under the Act ;
• Developing and maintaining policies, procedures and guidelines to ensure the Act is respected;
• Promoting awareness of the Act to ensure the OCI ’s responsiveness to the obligations imposed on the government;
• Monitoring the OCI ’s compliance with the Act , regulations and relevant procedures and policies;
• Preparing annual reports to Parliament and other statutory reports, as well as other material that may be required by central agencies;
• Representing the OCI in dealings with the Treasury Board Secretariat, the Information Commissioner and other government agencies regarding the application of the Act as they relate to the OCI ; and
• Supporting the OCI in meeting its commitments in relation to greater openness and transparency through proactive disclosure of information and the disclosure of information through informal avenues.

During the Reporting Period:

Eleven (11) requests were received and three (3) were outstanding from the previous reporting period for a total of fourteen (14) requests. Seven (7) of these requests were disclosed in part, one (1) was disclosed entirely, three (3) were abandoned, one (1) was exempted in its entirety, none were transferred and one (1) was carried forward to the next reporting period. All but one (1) request was processed within the legislative time frame. Extensions were needed for eight (8) of the requests. There were no significant issues surrounding these eleven (11) requests.

Monitoring, by the ATIP Coordinator, of the time required to process these access requests was completed in preparing the historical trend analysis in this report; moreover, discussions with the consultant on this matter took place monthly with a view to improving response times. A clear improvement in this regard was noted over 2014-15.

A formal training session on “The Need to Know” was provided during the reporting period; a practical document entitled “ ATIP Best Practices” was also shared with staff. Approximately 90% of staff attended all training. All training material is provided to staff following the session so that those who did not attend have access to it. Moreover, advice, guidance and recommendations were provided by the consultant on an as required basis to Management and staff.

There were no new OCI -specific access related procedures, policies or guidelines implemented. However, the customization and implementation of an electronic ATIP system was completed during the reporting period.

The OCI did not receive any complaints.

For 2015-16, the costs directly associated with the administration of the Access to Information Act are estimated at $30,471.

Staff: $6,092 
Consultant fees: $24,379

The associated employee resources for 2015-16 are estimated at 0.50 FTE for administering the Access to Information Act .

HISTORICAL TREND ANALYSIS

Over a five year period, from 2011-12 to 2015-16, the OCI received an average of fourteen (14) requests annually; the lowest number of requests received in a reporting period was eight (8) and the highest number of requests received in a reporting period was seventeen (17). Over the last five years the OCI has maintained a 72.45% completion rate of requests processed between 1-60 days. The average completion time within 30 days was 47% of all requests; and, the average completion time within 60 days was 26% of all requests.

The Source of the Requests was most often the Public with an average of eight (8) requests followed by the Media with an average of four (4) requests. With regards to the number of pages processed, an average of three thousand six hundred and eighty-seven (3,687) was recorded; the highest number of pages processed in a reporting period was four thousand eight hundred and thirty-four (4,834); the lowest number of pages processed in a reporting period was two thousand two hundred and fourty-one (2,241).

The most frequently used exemptions were:

• 19(1): 45%
• 16(1)(d): 16%
• 21(1)(b): 10%
• 16(1)(a): 7%

A total of thirty-nine (39) extensions for consultations were recorded for an average of eight (8) extensions per reporting period; the highest number of extensions in one reporting period was ten (10); the lowest number of extensions in one reporting period was four (4).

A total of thirty-six (36) consultations were received from other government organizations for an average of seven (7) consultations per reporting period.

This baseline data will continue to be used in future years to assess trends, inform ongoing improvement in the processing of ATI requests and implementing corrective measures where necessary.

APPENDIX A - Statistical Report

Name of institution: Office of the Correctional Investigator

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

Part 1 - Requests Under the Access to Information Act 

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

2.5 Complexity

2.6 Deemed refusals

Part 3 - Extensions

PART 4 - Fees

Part 5 - Consultations Received From Other Institutions and Organizations

Part 6 - Completion Time of Consultations on Cabinet Confidences

Part 7 - Complaints and Investigations

Part 8: Court Action

Part 9 - Resources Related to the Access to Information Act 

Note: Enter values to two decimal places.

Appendix B - Delegation Order

Access to Information Act Delegation Order

The Minister of Public Safety and Emergency Preparedness , pursuant to section 73 of the Access to Information Act , hereby designates the persons holding the positions set out in the schedule hereto to exercise the powers and perform the duties and functions of the Minister as head of a government institution, that is, the Office of the Correctional Investigator, under the sections of the Act set out in the schedule opposite each position

Dated at the City of Ottawa this 30th day of November, 2015

Signed by: 
The Honourable Ralph Goodale, P.C., M.P. 
Minister of Public Safety and Emergency Preparedness

Date modified 
2017-07-24