Annual Report on the Access to Information Act—2017–18
Annual Report on the Access to Information Act—2017–18
Introduction
When the Federal Accountability Act was enacted in 2006, amendments were made to the Access to Information Act and the Privacy Act, both of which came into force in 1983. The scope of application of these laws was expanded, and the Office of the Auditor General of Canada (OAG) became subject to the Access to Information Act.
The Access to Information Act gives Canadian citizens and permanent residents, and any person and corporation present in Canada, the right to access information contained in government records, subject to certain specific and limited exceptions.
Section 72 of the Act requires the head of each government institution to prepare an annual report on the administration of the Act within the institution and to submit the report to Parliament.
This annual report on the administration of the Access to Information Act at the OAG describes how we administered our responsibilities under the Act during the 2017–18 fiscal year.
If you require more information or wish to make a request under the Access to Information Act or the Privacy Act, please direct your inquiries to the following:
Access to Information and Privacy Coordinator
Office of the Auditor General of Canada
240 Sparks Street
Ottawa, Ontario K1A 0G6
Tel.: 613-952-0213 (ext. 6455)
Fax: 613-954-0441
Email: privacy@oag-bvg.gc.ca
Who we are
The Office of the Auditor General of Canada (OAG) audits federal government operations and provides Parliament with independent information, advice, and assurance regarding the federal government’s stewardship of public funds. While the OAG may comment on policy implementation in an audit, it does not comment on policy itself.
We are in the business of legislative auditing. We conduct
- performance audits of federal departments and agencies;
- annual financial audits of the government’s financial statements;
- special examinations and annual financial audits of Crown corporations; and
- audits of the governments of Nunavut, Yukon, and the Northwest Territories.
Since 1995, the OAG has also had a specific environmental and sustainable development mandate, which was established through amendments to the Auditor General Act.
The Auditor General of Canada is the designated head of the institution for the Access to Information Act as well as the Privacy Act. Pursuant to section 73 of both acts, the Auditor General has delegated full authority to the Access to Information and Privacy Coordinator.
Access to Information and Privacy Office
The Access to Information and Privacy (ATIP) Coordinator is accountable for the development and implementation of effective policies, guidelines, systems, and procedures to ensure that the Office of the Auditor General of Canada (OAG) meets its responsibilities under the Access to Information Act and the Privacy Act.
The ATIP Office at the OAG consists of
- one full-time ATIP Coordinator;
- two full-time employees from the Legal Services group, who help the ATIP Office on a part-time, ad hoc basis; and
- one full-time legal counsel, who helps the ATIP Office on a part-time, ad hoc basis.
The main activities of the ATIP Coordinator include
- monitoring compliance with the acts, regulations, and relevant procedures and policies;
- processing requests under both acts;
- developing and maintaining policies, procedures, and guidelines to ensure that the OAG respects the acts;
- promoting awareness of the acts within the OAG to ensure that employees are aware of their responsibilities;
- preparing annual reports to Parliament and other statutory reports, as well as other material that may be required by central agencies;
- representing the OAG in dealings with the Treasury Board of Canada Secretariat, the information and privacy commissioners, and other government departments and agencies to determine how the acts apply to the OAG; and
- helping the OAG meet its commitments to ensure openness and transparency, through proactive and informal disclosure of information.
DELEGATION ORDER
ACCESS TO INFORMATION ACT AND PRIVACY ACT
I, Michael Ferguson, Auditor General of Canada, pursuant to section 73 of the Access to Information Act and section 73 of the Privacy 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 as the head of Office of the Auditor General of Canada, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders.
Position | Access to Information Act and Regulations | Privacy Act and Regulations |
---|---|---|
Senior General Counsel | Full authority | Full authority |
Access to Information and Privacy Coordinator | Full authority | Full authority |
Dated at the City of Ottawa this 10 day of July 2015
Michael Ferguson, Chartered Professional AccountantCPA, Chartered AccountantCA
Fellow Chartered AccountantFCA (New Brunswick)
Auditor General of Canada
Highlights and accomplishments for the 2017–18 fiscal year
One hundred percent compliance
No formal Access to Information Act requests passed their legislative deadlines during the 2017–18 fiscal year. The Office of the Auditor General of Canada (OAG) is proud to have maintained 100 percent compliance with legislated deadlines.
Challenging Access to Information Act request
In the 2017–18 fiscal year, the OAG received a request for all records related to contracts that were issued between 1 January 2016 and 28 March 2017, the date that the request was received by the OAG. The OAG initially estimated that the request applied to approximately 980 contracts.
The request was ultimately abandoned. However, by the time that it was, employees had dedicated 2,716 hours to processing the request, costing a total of $177,432.
Training
The OAG requires that all employees attend mandatory Access to Information and Privacy (ATIP) training, separate from other information sessions or other forms of training. This ATIP-specific training focuses on employee requirements when the OAG receives a request, as well as a significant training component related to personal information handling and the legislation, policies, directives, and best practices related to privacy in the Canadian public sector.
During the reporting period, two training sessions were given, with a total attendance of 198.
Administration of the Access to Information Act
Requests under the Access to Information Act
Received during the reporting period: | 18 |
Outstanding from the previous period: | 1 |
Total: | 19 |
Sources of requests received
During the reporting period, 13 requests were submitted by members of the public, 4 requests were submitted by businesses, and 1 request was submitted by a member of the media.
Disposition of completed requests
The Office of the Auditor General of Canada (OAG) finalized 11 formal requests in the reporting period:
- 1 request was disclosed in part,
- 4 requests were withheld in their entirety due to exemptions,
- 3 requests could not be processed because no relevant records existed, and
- 3 requests were abandoned by the requester.
Exemptions invoked
Of the 5 requests in which exemptions were invoked,
- section 16.1(1)(a) was invoked in 2 requests, and
- section 16.5 was invoked in 3 requests.
Exclusions cited
The OAG did not invoke any exclusions for the reporting period.
Extension of time limits
Section 9 of the Access to Information Act provides for the extension of the statutory time limits if consultations are necessary, or if a large number of records have been requested and processing the request within the original time limit would unreasonably interfere with OAG operations.
Of the 5 requests responded to during the reporting period, 3 were extended for 30 days or less pursuant to section 9(1)(a).
Completion time
Of the 11 requests completed during the reporting period,
- 8 were completed by the original 30-day deadline, and
- 3 required up to an additional 30 days.
Method of access
Where the relevant documents were given in part, electronic copies were provided for 1 request.
Fees
The fees collected during the reporting period totalled $35. The OAG complies with the Treasury Board’s Interim Directive on the Administration of the Access to Information Act and does not charge search or production fees, and waives the application fee when requested. During the reporting period, the $5 application fee was waived in two instances.
Costs
The costs directly associated with administration of the Access to Information Act for the reporting period are estimated to be $266,286 for salaries and $1,197 for goods and services, for a total of $267,483. For more information on the cost of salaries, please see the Monitoring section of this report.
Complaints and investigations
The OAG received no new complaints in the reporting period. The OAG has not received any complaints since the 2011–12 fiscal year.
Institution-specific policies, guidelines, and procedures
The OAG did not revise policies, guidelines, or procedures—or implement new ones—during the 2017–18 fiscal year.
Monitoring
The OAG uses time-code (product-code) management software, essentially a digital “timesheet,” to track all audit and audit-service activities, including
- management of the Access to Information and Privacy (ATIP) Office,
- management of access to information cases (treatment of formal Access to Information Act requests and consultations),
- management of privacy cases (treatment of formal and informal Privacy Act requests), and
- privacy impact assessments.
Whenever employees or contractors of the OAG participate in any ATIP-related activity, they must track the time they spend on the activity by entering the number of hours or partial hours into the product-code management software. These records are monitored on a regular basis for human resource and financial purposes. Any employee with access to the OAG network can use the OAG’s INTRAnet (internal Internet) to view this data.
As reflected in part 9.2 of the Appendix, the OAG dedicated 1.75 person-years to ATIP-related activities.
Appendix—Statistical Report on the Access to Information Act
Name of institution: Office of the Auditor General of Canada
Reporting period: 2017-04-01 to 2018-03-31
Part 1: Requests Under the Access to Information Act
1.1 Number of Requests
Number of Requests | |
---|---|
Received during reporting period | 18 |
Outstanding from previous reporting period | 1 |
Total | 19 |
Closed during reporting period | 11 |
Carried over to next reporting period | 8 |
1.2 Sources of requests
Source | Number of Requests |
---|---|
Media | 1 |
Academia | 0 |
Business (private sector) | 4 |
Organization | 0 |
Public | 13 |
Decline to Identify | 0 |
Total | 18 |
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 |
Part 2: Requests Closed During the Reporting Period
2.1 Disposition and completion time
Disposition of Requests | Completion Time | |||||||
---|---|---|---|---|---|---|---|---|
1 to 15 Days | 16 to 30 Days | 31 to 60 Days | 61 to 120 Days | 121 to 180 Days | 181 to 365 Days | More Than 365 Days | Total | |
All disclosed | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Disclosed in part | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 1 |
All exempted | 0 | 2 | 2 | 0 | 0 | 0 | 0 | 4 |
All excluded | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
No records exist | 1 | 2 | 0 | 0 | 0 | 0 | 0 | 3 |
Request transferred | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Request abandoned | 1 | 2 | 0 | 0 | 0 | 0 | 0 | 3 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 2 | 6 | 3 | 0 | 0 | 0 | 0 | 11 |
2.2 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) - International Affairs | 0 |
15(1) - Defence of Canada | 0 |
15(1) - Subversive Activities | 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) | 0 |
16(2)(a) | 0 |
16(2)(b) | 0 |
16(2)(c) | 0 |
16(3) | 0 |
16.1(1)(a) | 2 |
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 | 3 |
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) | 0 |
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) | 0 |
21(1)(b) | 0 |
21(1)(c) | 0 |
21(1)(d) | 0 |
22 | 0 |
22.1(1) | 0 |
23 | 0 |
24(1) | 0 |
26 | 0 |
2.3 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 |
2.4 Format of information released
Disposition | Paper | Electronic | Other Formats |
---|---|---|---|
All disclosed | 0 | 0 | 0 |
Disclosed in part | 0 | 1 | 0 |
Total | 0 | 1 | 0 |
2.5 Complexity
2.5.1 Relevant pages processed and disclosed
Disposition of Requests | Number of Pages Processed | Number of Pages Disclosed | Number of Requests |
---|---|---|---|
All disclosed | 0 | 0 | 0 |
Disclosed in part | 10 | 7 | 1 |
All exempted | 803 | 0 | 4 |
All excluded | 0 | 0 | 0 |
Request abandoned | 318,068 | 0 | 3 |
Neither confirmed nor denied | 0 | 0 | 0 |
2.5.2 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 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Disclosed in part | 1 | 7 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
All exempted | 1 | 0 | 2 | 0 | 1 | 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 | 1 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 4 | 7 | 2 | 0 | 1 | 0 | 0 | 0 | 1 | 0 |
2.5.3 Other complexities
Disposition | Consultation Required | Assessment of Fees | Legal Advice Sought | Other | Total |
---|---|---|---|---|---|
All disclosed | 0 | 0 | 0 | 0 | 0 |
Disclosed in part | 0 | 0 | 0 | 0 | 0 |
All exempted | 0 | 0 | 0 | 0 | 0 |
All excluded | 0 | 0 | 0 | 0 | 0 |
Request abandoned | 0 | 0 | 0 | 3 | 3 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 3 | 3 |
2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline | Principal Reason | |||
---|---|---|---|---|
Workload | External Consultation | Internal Consultation | Other | |
0 | 0 | 0 | 0 | 0 |
2.6.2 Number of days past deadline
Number of Days Past Deadline | Number of Requests Past Deadline Where No Extension Was Taken | Number of Requests Past Deadline Where An Extension Was Taken | Total |
---|---|---|---|
1 to 15 days | 0 | 0 | 0 |
16 to 30 days | 0 | 0 | 0 |
31 to 60 days | 0 | 0 | 0 |
61 to 120 days | 0 | 0 | 0 |
121 to 180 days | 0 | 0 | 0 |
181 to 365 days | 0 | 0 | 0 |
More than 365 days | 0 | 0 | 0 |
Total | 0 | 0 | 0 |
2.7 Requests for translation
Translation Requests | Accepted | Refused | Total |
---|---|---|---|
English to French | 0 | 0 | 0 |
French to English | 0 | 0 | 0 |
Total | 0 | 0 | 0 |
Part 3: Extensions
3.1 Reasons for extensions and disposition of requests
Disposition of Requests Where an Extension Was Taken | 9(1)(a) Interference With Operations |
9(1)(b) Consultation |
9(1)(c) Third-Party Notice |
|
---|---|---|---|---|
Section 69 | Other | |||
All disclosed | 0 | 0 | 0 | 0 |
Disclosed in part | 1 | 0 | 0 | 0 |
All exempted | 2 | 0 | 0 | 0 |
All excluded | 0 | 0 | 0 | 0 |
No records exist | 0 | 0 | 0 | 0 |
Request abandoned | 0 | 0 | 0 | 0 |
Total | 3 | 0 | 0 | 0 |
3.2 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 | 3 | 0 | 0 | 0 |
31 to 60 days | 0 | 0 | 0 | 0 |
61 to 120 days | 0 | 0 | 0 | 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 | 3 | 0 | 0 | 0 |
Part 4: Fees
Fee Type | Fee Collected | Fee Waived or Refunded | ||
---|---|---|---|---|
Number of Requests | Amount | Number of Requests | Amount | |
Application | 7 | $35 | 2 | $10 |
Search | 0 | $0 | 0 | $0 |
Production | 0 | $0 | 0 | $0 |
Programming | 0 | $0 | 0 | $0 |
Preparation | 0 | $0 | 0 | $0 |
Alternative format | 0 | $0 | 0 | $0 |
Reproduction | 0 | $0 | 0 | $0 |
Total | 7 | $35 | 2 | $10 |
Part 5: Consultations Received From Other Institutions and Organizations
5.1 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 | 63 | 788 | 0 | 0 |
Outstanding from the previous reporting period | 1 | 6 | 0 | 0 |
Total | 64 | 794 | 0 | 0 |
Closed during the reporting period | 59 | 716 | 0 | 0 |
Pending at the end of the reporting period | 5 | 78 | 0 | 0 |
5.2 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 | 32 | 17 | 5 | 0 | 0 | 0 | 0 | 54 |
Disclose in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exempt entirely | 0 | 5 | 0 | 0 | 0 | 0 | 0 | 5 |
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 | 32 | 22 | 5 | 0 | 0 | 0 | 0 | 59 |
5.3 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 6: Completion Time of Consultations on Cabinet Confidences
6.1 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 | 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 |
6.2 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 |
Part 7: Complaints and Investigations
Section 32 | Section 35 | Section 37 | Total |
---|---|---|---|
0 | 0 | 0 | 0 |
Part 8: Court Action
Section 41 | Section 42 | Section 44 | Total |
---|---|---|---|
0 | 0 | 0 | 0 |
Part 9: Resources related to the Access to Information Act
9.1 Costs
Expenditures | Amount |
---|---|
Salaries | $266,286 |
Overtime | $0 |
Goods and Services | $1,197 |
Professional services contracts | $0 |
Other | $1,197 |
Total | $267,483 |
9.2 Human Resources
Resources | Person Years Dedicated to Access to Information Activities |
---|---|
Full-time employees | 1.25 |
Part-time and casual employees | 0.25 |
Regional staff | 0.00 |
Consultants and agency personnel | 0.00 |
Students | 0.25 |
Total | 1.75 |