Annual Report to Parliament on the Access to Information Act April 1, 2019 to March 31, 2020

Body

Table of Contents

Introduction  
Our Mandate  
Our Mission  
Access to Information Activities  
Historical Trend Analysis  
Appendix A – Statistical Report  
Appendix B – Supplemental Statistical Report Requests Affected by COVID-19 Measures  
Appendix C – 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, 2019 and ending March 31, 2020. 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 C ).

While the responsibilities of the ATIP Coordinator are assigned to the Director of Legal Services and Coordination, 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:

Thirty-four (34) requests were received and there were two (2) outstanding from the previous reporting period. Seventeen (17) of these requests were disclosed in part, five (5) were released in their entirety, none exempted in their entirety, two (2) were abandoned, six (6) had no existing records, one (1) was transferred and four (4) were carried forward to the next reporting period. Extensions were needed for nine (9) of the requests. No informal requests were received this year.

The Office could not meet the statutory response time for five (5) requests during the reporting period. In all five (5) of those requests, the delays were attributable to delays within our own office.

The OCI responded to 84.4% of requests within the legislated timelines.

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. The Executive Director and the ATIP Coordinator are advised by way of a briefing note when requests are not closed within the required time limits. The briefing note advises of the reason for the late response.

No training sessions were provided during the reporting period. 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.

The OCI received two (2) complaints during the reporting period. Both complaints remain active at the time of writing this report.

Covid 19 Response 

As of March 14, 2020, the OCI moved into a state of emergency along with the rest of the Federal Government. Our offices were shut down and restricted to limited access. Within 2 weeks, the OCI was able to have the ATIP Consultant working remotely and continue with file processing.

The office has experienced some delays with response times during this period due to other ATIP offices not being able to respond to consultations on time as well as the office managing other state of emergency priorities however for the most part the OCI has been able to maintain regular service levels.

There was one (1) new request received between March 14, 2020 and March 31, 2020. That request was carried forward into the following year.

Costs 

For 2019-20, the costs directly associated with the administration of the Access to Information Act are estimated at $47,123.

Staff: $15,530  
Consultant fees: $31,593

The associated employee resources for 2019-20 are estimated at 0.44 FTE for administering the Access to Information Act .

 

HISTORICAL TREND ANALYSIS

Over a five year period, from 2015-16 to 2019-20, the OCI received an average of twenty-three (23) requests annually; the lowest number of requests received in a reporting period was eleven (11) and the highest number of requests received in a reporting period was thirty-nine (39). Over the last five years, the OCI has maintained a 75% completion rate of requests processed between 1-60 days. The average completion time within 30 days was 42% of all requests; and, the average completion time between 30 and 60 days was 33% of all requests.

A graph demonstrating requests received during reporting period

A graph demonstrating completion times (up to 60 days)

The Source of the Requests was most often the Public with an average of seventeen (17) requests followed by the Media and Business with an average of two (2) requests.

A graph demonstrating the sources of requests

With regards to the number of pages processed, an average of four thousand, seven hundred and two (4,702) was recorded; the highest number of pages processed in a reporting period was seven thousand six hundred and thirty-seven (7,637); the lowest number of pages processed in a reporting period was two thousand, three hundred and fifty-four (2,354).

A graph demonstrating the number of pages processed

The most frequently used exemptions were:

  • 19(1): 50%
  • 16(1)(d): 11%
  • 24(1)(b): 10%

A total of fifty-eight (58) extensions for consultations were recorded for an average of eleven (11) extensions per reporting period; the highest number of extensions in one reporting period was twenty-two (22); the lowest number of extensions in one reporting period was five (5).

A total of thirty-four (34) consultations were received from other government organizations for an average of six (6) 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: 2019-04-01 to 2020-03-31

Part 1 - Requests Under the Access to Information Act 

1.1 Number of requests 
 

Number of Requests 

Received during reporting period

34

Outstanding from previous reporting period

2

Total 

36

Closed during reporting period

32

Carried over to next reporting period

4

 

1.2 Sources of requests 

Source

Number of Requests

Media

5

Academia

2

Business (private sector)

5

Organization

0

Public

22

Decline to Identify

0

Total 

34

 

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

0

0

0

0

0

0

0

0

Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.

 

Part 2 - Decline to act on 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

 

Part 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

3

1

0

1

0

0

0

5

Disclosed in part

3

3

5

4

2

0

0

17

All exempted

0

0

0

0

0

0

0

0

All excluded

0

0

0

0

0

0

0

0

No records exist

5

1

0

0

0

0

0

6

Request transferred

1

0

0

0

0

0

0

1

Request abandoned

2

0

0

0

0

0

0

2

Neither confirmed nor  
denied

0

0

0

1

0

0

0

1

Decline to act with the  
approval of the  
Information  
Commisioner

0

0

0

0

0

0

0

0

Total 

14

5

5

6

2

0

0

32

 

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)

0

14

0

14(a)

0

14(b)

0

15(1) - I.A.

0

15(1) - Def.

0

15(1) - S.A.

0

16(1)(a)(i)

2

16(1)(a)(ii)

0

16(1)(a)(iii)

1

16(1)(b)

0

16(1)(c)

2

16(1)(d)

5

16(2)

0

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

0

18(a)

0

18(b)

0

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)

18

20(1)(a)

0

20(1)(b)

0

20(1)(b.1)

0

20(1)(c)

0

20(1)(d)

0

20.1

0

20.2

0

20.4

0

21(1)(a)

1

21(1)(b)

2

21(1)(c)

0

21(1)(d)

0

22

0

22.1(1)

0

23

0

24(1)

0

26

0

I.A.: International Affairs Def.: Defence of Canada S.A.: Subversive Activities

 

3.3 Exclusions 

Section

Number of Requests

68(a)

0

68(b)

0

68(c)

0

68.1

0

68.2(a)

0

68.2(b)

0

69(1)

0

69(1)(a)

0

69(1)(b)

0

69(1)(c)

0

69(1)(d)

0

69(1)(e)

0

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

22

0

0

 

3.5 Complexity

3.5.1 Relevant pages processed and disclosed 

Number of Pages  
Processed

Number of Pages  
Disclosed

Number of Requests

2354

2295

25

 

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

5

61

0

0

0

0

0

0

0

0

Disclosed in part

11

316

5

1337

1

581

0

0

0

0

All exempted

0

0

0

0

0

0

0

0

0

0

All excluded

0

0

0

0

0

0

0

0

0

0

Request abandoned

2

0

0

0

0

0

0

0

0

0

Neither  
confirmed nor  
denied

1

0

0

0

0

0

0

0

0

0

Total 

19

377

5

1337

1

581

0

0

0

0

 

3.5.3 Other complexities 

Disposition

Consultation Required

Assessment of Fees

Legal Advice Sought

Other

Total

All disclosed

1

0

0

0

1

Disclosed in part

11

0

0

0

11

All exempted

0

0

0

0

0

All excluded

0

0

0

0

0

Request abandoned

0

0

0

0

0

Neither  
confirmed nor  
denied

1

0

0

0

1

Total 

13

0

0

0

13

 

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 

27

Percentage of requests closed within legislated  
timelines (%) 

84.4

 

3.7 Deemed refusals

3.7.1 Reasons for not meeting statutory deadline 

Number of Requests Closed Past the Statutory Deadline

Principal Reason

Workload

External Consultation

Internal Consultation

Other

5

0

0

0

5

 

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

0

0

0

16 to 30 days

0

1

1

31 to 60 days

0

1

1

61 to 120 days

3

0

3

121 to 180 days

0

0

0

181 to 365 days

0

0

0

More than 365 days

0

0

0

Total 

3

2

5

    

 

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

 

Part 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

0

0

0

0

Disclosed in part

0

0

9

0

All exempted

0

0

0

0

All excluded

0

0

0

0

No records exist

0

0

0

0

Request abandoned

0

0

0

0

Total 

0

0

9

0

 

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

0

0

6

0

31 to 60 days

0

0

2

0

61 to 120 days

0

0

1

0

121 to 180 days

0

0

0

0

181 to 365 days

0

0

0

0

365 days or more

0

0

0

0

Total 

0

0

9

0

 

PART 5 - Fees

Fees 

Fee Type

Fee Collected

Fee Waived or Refunded

Number of Requests

Amount

Number of Requests

Amount

Application

8

$40

24

$120

Other fees

0

$0

0

$0

Total 

8

$40

24

$120

 

Part 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

8

92

0

0

Outstanding from the previous reporting period

0

0

0

0

Total 

8

92

0

0

Closed during the reporting period

7

70

0

0

Pending at the end of the reporting period

1

22

0

0

 

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

6

0

0

0

0

0

0

6

Disclose in part

1

0

0

0

0

0

0

1

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 

7

0

0

0

0

0

0

7

 

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

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 7 - Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services 
 

Fewer Than 100  
Pages Processed

101-500  
Pages Processed

501-1000  
Pages Processed

1001-5000  
Pages Processed

More Than 5000  
Pages Processed

Number of Days

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

 

7.2 Requests with Privy Council Office 
 

Fewer Than 100  
Pages Processed

101-500  
Pages Processed

501-1000  
Pages Processed

1001-5000  
Pages Processed

More Than 5000  
Pages Processed

Number of Days

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

 

Part 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

2

0

2

0

0

0

 

Part 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

 

Part 10 - Resources Related to the Access to Information Act 

10.1 Costs 

Expenditures

Amount

Salaries

$15,530

Overtime

$0

Goods and Services

$31,593

Professional services contracts

$31,593

Other

$0

Total 

$47,123 

 

10.2 Human Resources 

Resources

Person Years Dedicated  
to Access to  
Information Activities

Full-time employees

0.10

Part-time and casual employees

0.00

Regional staff

0.00

Consultants and agency personnel

0.34

Students

0.00

Total 

0.44

Note: Enter values to two decimal places.

 

Appendix B - Supplemental Statistical Report Requests Affected by COVID-19 Measures

2019-2020 Supplemental Statistical Report – Requests affected by COVID-19 measures

In addition to completing the forms for the Statistical Reports on the ATIA and Privacy Act for 2019-20, institutions are asked to complete this Supplemental Report to help identify the impact of COVID-19 measures on institutional performance for 2019-20 and going forward. The data requirements are set out in the tables below.

Supplemental Statistical Report on the Access to Information Act 

The following table reports the total number of formal requests received during two periods; 2019- 04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Table 1 – Requests Received 
 

Number of requests

Received from 2019-04-01 to 2020-03-13

33

Received from 2020-03-14 to 2020-03-31

1

Total 

34

The following table reports the total number of requests closed within the legislated timelines and the number of closed requests that were deemed refusals during two periods 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Table 2 – Requests Closed 
 

Number of requests  
closed within the  
legislated timelines

Number of requests  
closed past the  
legislated timelines

Received from 2019-04-01 to 2020-03-13  
and outstanding from previous reporting periods

27

5

Received from 2020-03-14 to 2020-03-31

0

0

Total 

27

5

The following table reports the total number of requests carried over during two periods; 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Table 3– Requests Carried Over 
 

Number of requests

Requests from 2019-04-01 to 2020-03-13 and outstanding  
from previous reporting period that were carried over to the  
2020-2021 reporting period

3

Requests from 2020-03-14 to 2020-03-31 that were carried  
over to the 2020-2021 reporting period

1

Total 

4

Appendix C - 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

 

Schedule 

Position

Sections of the Access to Information Act and Regulations

Correctional Investigator

Full Authority

Executive Director

Full Authority

Access to Information and Privacy Coordinator

Full Authority

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

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