Office of the Auditor General of CanadaAnnual Report on the Access to Information Act—2023–24

Introduction

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 federal government records, subject to certain specific and limited exceptions.

Section 94(1) 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. Additionally, section 20 of the Service Fees Act requires institutions to report on any legislative fees processed during the reporting period.

This annual report on the Access to Information Act at the Office of the Auditor General of Canada (OAG) describes how we administered our responsibilities under the act during the 2023–24 fiscal year.

Who we are

The OAG audits federal government operations and provides Parliament with independent information, advice, and assurance regarding the federal government’s stewardship of public funds.

We are in the business of legislative auditing. We conduct

• performance audits of federal organizations
• annual financial audits of the government’s financial statements
• special examinations and annual financial audits of Crown corporations
• 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 is carried out by the Commissioner of the Environment and Sustainable Development on behalf of the Auditor General of Canada. The Commissioner has additional responsibilities under the Federal Sustainable Development Act and the Canadian Net-Zero Emissions Accountability Act to review and monitor the Government of Canada’s sustainable development strategies and its implementation of measures aimed at mitigating climate change.

Access to Information and Privacy team

The Access to Information and Privacy (ATIP) Coordinator is a member of the Legal Services, ATIP, and Policy team headed by the OAG’s Senior General Counsel. The full-time ATIP Coordinator is supported by an ATIP analyst and paralegal, legal counsel, and administrative staff as required. The main activities of the ATIP team include

• monitoring compliance with ATIP legislation and relevant procedures and policies
• processing requests under both the Access to Information Act and the Privacy Act
• developing and maintaining policies, procedures, and guidelines to ensure that the OAG respected the Access to Information Act and the Privacy Act
• promoting awareness of the Access to Information Act and the Privacy Act within the OAG to ensure that employees were aware of their responsibilities
• preparing annual reports to Parliament, other statutory reports, and other materials that central agencies might require
• representing the OAG in dealings with the Treasury Board of Canada Secretariat, the information and privacy commissioners, and other government organizations in matters pertaining to the Access to Information Act and the Privacy Act
• helping the OAG meet its commitments to ensure openness and transparency, through proactive and informal disclosure of information

During the reporting period, the OAG was not a party to any service agreements pursuant to section 96 of the Access to Information Act.

Proactive publication of information pursuant to Part 2 of the act is coordinated by the Information and Data Management group.

Performance in 2023–24

During the reporting period, from 1 April 2023 to 31 March 2024, the OAG received 11 formal requests: 10 were closed during the reporting period, and 1 was carried over to the next reporting period within legislated extensions. One request was carried over from the previous reporting period and closed during this reporting period. All requests were closed within legislated timelines.

Three complaints were received and remained active during the reporting period.

Extensions and completion time of closed requests

During the reporting period, the OAG invoked extensions in processing 3 requests: 1 extension of less than 30 days, 3 extensions of 31 to 60 days, and 1 extension of 121 to 180 days, which included a mandatory extension to consult with third parties.

Of the requests received during the reporting period,

• 2 requests were disclosed in their entirety, amounting to 18% of closed requests
• 5 requests were disclosed in part, amounting to 45% of closed requests
• 2 requests were withheld in their entirety because of exemptions
• 2 requests were abandoned
• 1 request was carried over to the next reporting period

No formal Access to Information Act requests exceeded their legislative deadlines during the reporting period.

Multi-year trends

The OAG continues to receive a low overall number of Access to Information Act requests:

• In the 4 most recent reporting periods, including the period of this report, the OAG received a total of 32 requests.
• During the 2020–21 fiscal year, the OAG received and completed 8 requests.
• During the 2021–22 fiscal year, the OAG received and completed 10 requests.
• During the 2022–23 fiscal year, the OAG received and completed 3 requests.
• During the current reporting period, the OAG received and completed 11 requests; 1 was carried over from the previous reporting period, and 1 was carried over to the next reporting period.

Many of these requests were complex or voluminous, and the OAG continues to receive multiple requests for personal information using the Access to Information Act.

Several of the requests closed during the reporting period pertained to information stemming from statements made by the Auditor General of Canada during interviews or media interactions. Requesters have been attempting to seek audit evidence or raw data. However, information created or obtained during OAG audits is subject to a mandatory exemption.

Consultations

Consultations received from other government departments are commonly related to ongoing audits. While the OAG is required to withhold audit information pursuant to section 16.1(1)(a) of the Access to Information Act, consulting departments cannot invoke the same exemption. Therefore, the OAG cannot recommend doing so. If the records refer to an ongoing audit, the OAG typically recommends an exemption pursuant to section 22 of the act if disclosure of the records could prejudice the outcome of the audit. The OAG responded to 45 consultations during the reporting period, including 2 carried over from the previous reporting period, and recommended exemptions in 5 cases.

Training and awareness

The OAG requires that all employees complete mandatory ATIP training, offered by the Canada School of Public Service as an online, self-paced course. All new OAG employees are required to complete the training within 3 months of the start date of their employment.

During the reporting period, 115 employees completed this training.

The ATIP Coordinator regularly provides OAG employees with guidance and briefings on the processing of ATIP requests. Furthermore, information and tools to help employees process ATIP requests are available on the OAG’s external and internal websites.

Additionally, the OAG notified employees about Right to Know Week and encouraged participation in a related Canada School of Public Service offering on information management.

Institution-specific policies, guidelines, and procedures

An internal guidance document to assist with the retrieval of records from offices of primary interest has been published on the OAG’s internal website.

The OAG follows policies, directives, and guidance set by the Treasury Board of Canada Secretariat, in alignment with core federal departments.

Proactive publication under Part 2 of the act

The OAG fulfilled its obligation for proactive disclosure requirements by ensuring that all relevant information was posted online by the prescribed publication timeline (Exhibit 1 and Exhibit 2). For 2023–24, the OAG achieved 100% compliance.

Exhibit 1—Publication requirements of all government institutions as defined in section 3 of the Access to Information Act

Exhibit 2—Publication requirements of government organizations subject to the Access to Information Act and listed in schedules I, I.1, or II of the Financial Administration Act

Initiatives and projects to improve access to information

The OAG has engaged outside parties and is planning the procurement of request processing software. Our current plans are to join other federal government organizations in using a platform hosted by Shared Services Canada.

To improve access to OAG information, the OAG does not require requesters to use Treasury Board of Canada Secretariat tools to submit formal or informal requests. A form to submit ATIP requests and inquiries can be found on the OAG website. Additionally, the OAG waives application fees when requested.

Summary of key issues and actions taken on complaints or audits

Two complaints carried over from the 2021–22 reporting period were completed and deemed to be not well founded:

• Both complaints were brought forward by 1 individual regarding 1 Access to Information Act request for personal information.
• The OAG withheld records pursuant to a mandatory exemption for which there is no override allowing the disclosure of the information if it is personal in nature.
• The individual alleged that the OAG unlawfully withheld the information requested and that the OAG intentionally concealed the existence of records.
• The Information Commissioner of Canada found that the OAG applied exemptions appropriately and that the OAG did not conceal the existence of records.

Additionally, 3 complaints were received during the reporting period regarding 3 separate requests. However, the complaints have not been resolved or completed and will be summarized accordingly in the appropriate annual report.

Access to Information Act fees for the purposes of the Service Fees Act

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.

With respect to fees collected under the Access to Information Act during the reporting period, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act:

• Enabling authority: Access to Information Act
• Fee payable: $5 application fee^{Footnote *}
• Total revenue: $10
• Fees waived: $45

Monitoring compliance

The OAG uses a case management system that tracks both active and closed requests. The system is designed to track legislative deadlines. A combination of training and system-generated reminders are used to ensure compliance is met where required.

The ATIP team holds biweekly meetings to discuss request-related activities, determine timelines, and help ensure that all team members are informed of the status of files. Regular meetings are also held with the Senior General Counsel as the executive member responsible for ATIP matters.

Senior officials, up to and including the Auditor General, are advised about compliance with legislative, policy, and regulatory obligations, as requested or required.

As reflected in section 11.2 of the appendix, the OAG dedicated 1.165 person-years to ATIP-related activities during the reporting period. The ATIP team and its activities are described in the section “Access to Information and Privacy team” at the beginning of this report.

Administration of the Access to Information Act

Requests under the Access to Information Act

Sources of requests received

During the reporting period,

• 6 requests were submitted by private businesses
• 4 requests were submitted by members of the public
• 1 request was submitted by a member of the media

Disposition of completed requests

Of the requests completed during the reporting period,

• 2 requests were disclosed in their entirety
• 5 requests were disclosed in part
• 2 requests were withheld in their entirety
• 2 requests were abandoned

Exemptions invoked

Of the 7 requests in which exemptions were invoked,

• section 15(1) was invoked in 1 request
• section 16(1)(c) was invoked in 1 request
• section 16(2)(c) was invoked in 1 request
• section 16.1(1)(a) was invoked in 6 requests
• section 16.5 was invoked in 2 requests
• section 19(1) was invoked in 3 requests
• section 20(1)(b) was invoked in 1 request
• section 20(1)(c) was invoked in 1 request
• section 20(1)(d) was invoked in 1 request
• section 21(1)(a) was invoked in 2 requests
• section 21(1)(b) was invoked in 2 requests
• section 21(1)(c) was invoked in 1 request
• section 22 was invoked in 1 request
• section 23 was invoked in 2 requests

Exclusions cited

Of the 1 request in which information was excluded,

• section 68(a) was applied in 1 request
• section 69(1)(g) re: (d) was applied in 1 request

Completion time

Of the requests completed during the reporting period,

• 8 were completed within 30 days
• 1 was completed within 31 to 60 days
• 1 was completed within 61 to 120 days
• 1 was completed within 121 to 180 days

Extension of time limits

Section 9 of the 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 requests completed during the reporting period,

• 1 was extended for 30 days or less pursuant to section 9(1)(a)
• 1 was extended for 61 to 120 days pursuant to section 9(1)(a)
• 1 was extended for 121 to 180 days pursuant to section 9(1)(a)
• 1 was extended for 31 to 60 days or less pursuant to section 9(1)(b)
• 2 were extended for 60 days pursuant to section 9(1)(c)

Method of access

Electronic copies of records were provided for all 7 requests resulting in disclosure, in their entirety or in part.

Operational costs

The costs directly associated with the administration of the Access to Information Act for the reporting period are estimated to be $225,691 for salaries and $2,127 for goods and services, for a total of $227,818. This salary amount includes time spent by the ATIP Coordinator, the ATIP Analyst, and ad hoc contributors to ATIP functions. The OAG is able to estimate salary costs for time spent on all ATIP-related activities because of the OAG’s timekeeping software and practices, which require all employees to charge time spent on specific ATIP matters.

Appendix—Statistical Report on the Access to Information Act

Statistical Report on the Access to Information Act

Name of institution: Office of the Auditor General of Canada

Reporting period: 2023-04-01 to 2024-03-31

Section 1: Requests Under the Access to Information Act

1.1 Number of requests received

1.2 Sources of request

1.3 Channels of requests

Section 2: Informal Requests

2.1 Number of informal requests

2.2 Channels of informal requests

2.3 Completion time of informal requests

2.4 Pages released informally

2.5 Pages re-released informally

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

Section 4: Requests Closed During the Reporting Period

4.1 Disposition and completion time

4.2 Exemptions

4.3 Exclusions

4.4 Format of information released

4.5 Complexity

4.5.1 Relevant pages processed and disclosed for paper, e‑record and dataset formats

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

4.5.3 Relevant minutes processed and disclosed for audio formats

4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests

4.5.5 Relevant minutes processed and disclosed for video formats

4.5.6 Relevant minutes processed per request disposition for video formats by size of requests

4.5.7 Other complexities

4.6 Closed requests

4.6.1 Requests closed within legislated timelines

4.7 Deemed refusals

4.7.1 Reasons for not meeting legislated timelines

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

4.8 Requests for translation

Section 5: Extensions

5.1 Reasons for extensions and disposition of requests

5.2 Length of extensions

Section 6: Fees

Section 7: Consultations Received From Other Institutions and Organizations

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

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

7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada

Section 8: Completion Time of Consultations on Cabinet Confidences

8.1 Requests with Legal Services

8.2 Requests with Privy Council Office

Section 9: Investigations and Reports of finding

9.1 Investigations

9.2 Investigations and Reports of finding

Section 10: Court Action

10.1 Court actions on complaints

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

Section 11: Resources Related to the Access to Information Act

11.1 Allocated costs

11.2 Human resources