Annual Report on the Administration of the Access to Information Act 2016-2017

Table of contents

  1. Introduction
  2. Organizational Structure
  3. Delegation Order.
  4. Highlights of the Statistical Report, 2016-2017
  5. Training
  6. Policies, Guidelines, Procedures and Initiatives
  7. Summary of Key Issues and Actions Taken on Complaints or Audits
  8. Monitoring Compliance

1. Introduction

The Access to Information Act (Act), proclaimed in April 1983, grants all Canadian citizens and permanent residents the right to examine or receive copies of records under the control of a federal government institution, except in limited and specific circumstances.

Section 72 of the Act requires that the head of every government institution prepare for submission to Parliament an annual report on the administration of the Act within the institution within each financial year. This report covers the period from April 1, 2016 to March 31, 2017.

The Canadian Transportation Agency (Agency) is an independent, quasi-judicial tribunal and regulator with the powers of a superior court.

The Agency has three core mandates:

  • to help ensure that the national transportation system runs efficiently and smoothly in the interests of all Canadians: those who work and invest in it; the producers, shippers, travellers and businesses who rely on it; and the communities where it operates.
  • to protect the human right of persons with disabilities to an accessible transportation network.
  • to provide consumer protection for air passengers.

To help advance these mandates, we have three tools at our disposal:

  • Rule-making: The Agency develops and applies ground rules that establish the rights and responsibilities of transportation service providers and users and that level the playing field among competitors. These rules can take the form of binding regulations or less formal guidelines, codes of practice or interpretation notes.
  • Dispute resolution: The Agency resolves disputes that arise between transportation service providers on the one hand, and their clients and neighbours on the other, using a range of tools from facilitation and mediation to arbitration and adjudication.
  • Information provision: The Agency provides information on the transportation system, the rights and responsibilities of transportation service providers and users, and the Agency's legislation and services.

2. Organizational Structure

The Chair and Chief Executive Officer of the Agency is responsible for the administration of and compliance with the Act, its Regulation, Policy and Directive.

During this reporting period, the Access to Information and Privacy (ATIP) Unit was positioned in the Information Management and Technology Services Directorate (IMTSD) and included the Director of IMTSD and a Coordinator.

All files, including interdepartmental and third party consultations, were processed by the Coordinator. Agency staff actively participated in the retrieval and review of records. All final releases were reviewed by Legal Services prior to their approval by the Coordinator or the Director of IMTSD. A copy was provided to the Communications Directorate prior to their release.

Each application had an individual case file, and all actions were recorded in the ATIP case management system, PrivaSoft AccessPro.

Informal requests

Informal requests were similarly processed by the ATIP Unit. In addition, the Communications Directorate was responsible for responding to requests for information received through info@otc-cta.gc.ca. Legal Services and other branches also directly responded to requests for information. The ATIP Unit provided advice in response to these informal requests as required.

3. Delegation Order

In May 2016, the Chair and CEO delegated partial authority to the ATIP Coordinator and full authority to the Director of IMTSD and the Chief Corporate Officer. A copy of the May 2016 delegation order is attached as Appendix B.

Prior to May 2016, the ATIP Coordinator and General Counsel held full authority. The previous delegation order is attached as Appendix C.

All delegation orders were signed in the city of Gatineau.

4. Highlights of the Statistical Report, 2016-2017

Attached as Appendix A is the form entitled “Statistical Report on the Access to Information Act”, which provides statistical data on formal requests under the Act received by the Agency.

During the reporting period, April 1, 2016 to March 31, 2017, the Agency received 30 new requests under the Act. This represents an increase of 14 requests (100%) over the previous year. No requests were outstanding from 2015-2016, resulting in a total of 30 active requests. Two requests were treated informally. Four requests were carried over to 2017-2018.

Formal requests received and completed over the last five years

Formal requests received and completed over the last five years
Formal requests received and completed over the last five years
  • Details
      2016-2017 2015-2015 2014-2015 2013-2014 2012-2013
    Requests Received 30 15 28 30 12
    Completed Requests 26 21 22 25 10
    Informal Requests 2 11 27 9 4
    Consultation Requests 11 15 10 13 0

The Agency processed 11 formal consultation requests from other government departments (OGD) during 2016-2017, compared to a total of 15 consultation requests during the previous year.

In addition to the 11 OGD consultation requests, the Agency received six notifications of release from OGDs and eight requests for copies of completed requests from various sources.

The ATIP Unit also processed 11 informal requests during the reporting period, one less than it processed in 2015-2016; however, the responsibility for processing informal requests is shared throughout the Agency.

Completion of requests

Of the 26 requests under the Act completed in 2016-2017, 19 requests were completed within the 30-day statutory time frame: five within 15 days and 15 within 30 days. Extensions under subsection (ss.) 9(1) were taken for three requests completed within 60 days, two within 120 days and one within 180 days. Subsection 9(1)(c) [third party consultation] was applied most often. The Office of the Information Commissioner was notified of all extensions greater than 30 days. One request was deemed to have been delivered past the statutory deadline by one day as its due date fell on a weekend. There were eight deemed refusals the previous year.

Ten of 11 consultation requests from OGDs were completed within 15 days and one was completed within 30 days. The two ATIA requests that were treated informally were processed in 15 and 21 days.

Completion of requests
Completion of requests
  • Details
      1-15 Days 16-30 Days 31-60 Days 61-120 Days 121-180 Days >181 Days
    ATIA Requests 4 15 3 2 1 0
    Consultation Requests 10 1 0 0 0 0
    Past Statutory Deadline 1 0 0 0 0 0
    Extensions 0 2 3 0 1 0

Disposition of Requests

Disposition of Requests
Disposition of Requests
  • Details
      Percentage
    No Records 16%
    All Disclosed 12%
    Request Abandoned 4%
    Disclosed in part 68%

Of the 26 requests closed in 2016-2017, six requests were disclosed in entirety, 14 requests were disclosed in part and three requests were abandoned. No records existed in response to three requests. The Agency processed 4,624 pages and disclosed 2,069 pages in response to 20 requests. An additional 796 pages were released informally.

Exemptions

The following exemptions were applied to completed requests in this reporting year.

Exemption Number of requests
19(1) 16
20(1)(b) 13
20(1(c) 12
20(1)(d) 2
21(1)(a) 2
21(1)(b) 3
21(1)(c) 2
23 3

Exemptions applied over the last five years

The exemptions that have been applied over the last five years have remained consistent. Personal information under subsection 19(1) and information provided by a third party under subsection 20(1) are applied more often than other sections, which corresponds with our business lines and mandate. There were no exclusions applied in 2016-2017.

Exemptions applied over the last five years
Exemptions applied over the last five years
  • Details
      15(1)-IA 16(1)c 18a 19(1) 20(1)a 20(1)b 20(1)c 20(1)d 21(1)a 21(1)b 21(1)c 23 24
    2016-2017 0 0 0 16 0 13 12 2 2 3 2 3 0
    2015-2016 0 0 1 13 1 10 10 2 0 1 1 0 0
    2014-2015 1 1 1 15 1 14 14 2 6 7 1 3 1
    2013-2014 0 0 1 16 0 11 6 1 5 7 1 4 0
    2012-2013 0 0 0 3 0 3 0 0 1 1 0 1 0

Other complexities

One OGD was consulted on two requests and multiple third parties were consulted on three requests. Third party consultation was also required on two of the requests that were received but not closed in the reporting period. The Agency applied litigation privilege under section 23 to case file records in response to one request.

The ATIP Coordinator was summoned to appear in the Ontario Supreme Court and provide records from an ATI request from the 2014-2015 reporting period (Z115-3-2/11-4) in response to a matter between Dimitri Aidonis, and Sun Air and Andy Athanasiou. The records were provided in their entirety. The ATIP Coordinator swore an affidavit attesting to the validity of the records and was not required to appear in court.

5. Training

One formal training session was provided to the Internal Services Branch during this reporting period.

Separate meetings were held to provide guidance on the application of the Act with the members, branch chiefs, directors and the administrative working group. One-on-one assistance and coaching were also provided to Agency staff as required.

6. Policies, Guidelines, Procedures and Initiatives

New guidelines and procedures related to the administration of requests under the Act were implemented during the reporting period.

Based on the Treasury Board Secretariat (TBS) Directive on Information Management Roles and Responsibilities, Executive (EX) level employees were formally established as "accountable recordkeepers" for the information held in their program areas in 2016-2017. This guideline requires senior management to provide leadership in the application of and compliance with the Act and all TBS policies related to the management and protection of information.

In support of this role, the Agency implemented a procedural change: a "statement of completeness" (SOC), which details the steps taken and considerations applied in the retrieval and submission of documents in response to a request by each program area. The accountable recordkeeper is required to sign the SOC as confirmation that a thorough search was completed and all applicable records were provided in response to a retrieval request. Included in the SOC are recommended exemptions and/or exclusions and evidence that discretion was applied in making the recommendations. The completed SOC is scanned and attached to the retrieval action in the case management system and becomes part of the detailed history file of the request.

The Agency also introduced a formalized timeline (flow chart) for responding to requests to ensure completion within the statutory timeframe and a consistent approach.

In support of these changes, standard operating procedures were revised in 2016-2017.

7. Summary of Key Issues and Actions Taken on Complaints or Audits

There were no key issues, complaints or audits in the 2016-2017 reporting period.

8. Monitoring Compliance

The Agency's corporate ATI case management system, PrivaSoft AccessPro, tracked all administrative activities and set due dates in order to meet statutory timelines. Due dates for all actions were communicated to staff and reminders sent as required. All actions were also detailed in a separate tracking tool and the status of each request was communicated to the Chief Corporate Officer and the Director of IMTSD on a weekly basis. Processing time was not otherwise monitored except by Legal Services in support of their internal performance monitoring.

Appendix A: Statistical Report on the Access to Information Act

Reporting Period: 2016-2017

Part 1: Requests Under the Access to Information Act

1.1 Number of requests
  Number of Requests
Received during reporting period 30
Outstanding from previous reporting period 0
Total 30
Closed during reporting period 26
Carried over to next reporting period 4
1.2 Sources of requests
Source Number of Requests
Media 2
Academia 2
Business (private sector) 17
Organization 2
Public 6
Decline to Identify 1
Total 30
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
1 1 0 0 0 0 0 2

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 5 1 0 0 0 0 6
Disclosed in part 0 9 2 2 1 0 0 14
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 2 1 0 0 0 0 0 3
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 3 0 0 0 0 0 0 3
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 5 15 3 2 1 0 0 26
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) 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) 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) 16
20(1)(a) 0
20(1)(b) 13
20(1)(b.1) 0
20(1)(c) 12
20(1)(d) 2
20.1 0
20.2 0
20.4 0
21(1)(a) 2
21(1)(b) 3
21(1)(c) 2
21(1)(d) 0
22 0
22.1(1) 0
23 3
24(1) 0
26 0
* I.A.: International Affairs Def.: Defence of Canada S.A.: Subversive Activities
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 6 0
Disclosed in part 1 13 0
Total 1 19 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 399 399 6
Disclosed in part 4225 1670 14
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 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 4 77 2 322 0 0 0 0 0 0
Disclosed in part 10 347 3 759 1 564 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 3 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 17 424 5 1081 1 564 0 0 0 0
2.5.3 Other complexities
Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 1 0 0 0 1
Disclosed in part 3 0 1 0 4
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 0 0 0 0 0
Total 4 0 1 0 5

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
1 0 0 0 1
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 1 0 1
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 1 0 1
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 1 0 0 0
Disclosed in part 1 0 1 3
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 2 0 1 3
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 1 0 1 0
31 to 60 days 1 0 0 2
61 to 120 days 0 0 0 0
121 to 180 days 0 0 0 1
181 to 365 days 0 0 0 0
365 days or more 0 0 0 0
Total 2 0 1 3
Part 4: Fees
Fee Type Fee Collected Fee Waived or Refunded
Number of Requests Amount Number of Requests Amount
Application 20 $100 4 $20
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 20 $100 4 $20

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 11 191 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 11 191 0 0
Closed during the reporting period 11 191 0 0
Pending at the end of the reporting period 0 0 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 1 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 10 1 0 0 0 0 0 11
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 10 1 0 0 0 0 0 11
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 $50,212
Overtime $0
Goods and Services $11,161
• Professional services contracts $990
• Other $10,171
Total $61,373
9.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.70
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.04
Students 0.00
Total 0.74
Section of the Access to Information Act Description Authority Delegated to
Chief Corporate Officer Director IMITD ATIP Coordinator ATIP Analyst
4(2.1) Responsibility of head of institution
  • make every reasonable effort to assist the person in connection to the request, respond to the request accurately, completely and timely subject to the regulations
 X X X X
7(a) Notice where access requested
  • give written notice to the requester as to whether or not access to records or parts thereof will be given
 X X X X
7(b)
  • give access to the record or part thereof
 X X X  
8(1) Transfer of request
  • transfer a request to another government institution with a greater interest
 X X X X
9 Extension of time limits
  • extension of time limits and giving notices to requester and Information Commissioner
 X X X X
11(2)(3)(4)(5)(6) Additional fees
  • assessing additional fees chargeable under the AIA and Section 7 of the regulations, notification to requester, waiving of fees
 X X X  
12(2)(b) Language of access
  • determining if it is in the public interest to translate records requested in a particular official language
 X X X  
12(3)(b) Access in an alternative format
  • determining if the giving of access in an alternative format to a person with a sensory disability is necessary and reasonable
 X X X  
  Invoking exemptions
  • determining whether or not to invoke the following exemptions to refuse access and exercising discretion where appropriate:
 X X    
13 Information obtained in confidence X X X  
14 Federal-provincial affairs X X    
15 International affairs and defence X X    
16 Law enforcement and investigations X X    
16.5 Public Servants Disclosure Protection Act X X    
17 Safety of individuals X X    
18 Economic interests of Canada X X    
18.1 Economic interest of certain government institutions X X    
19 Personal information X X X  
20 Third party information X X X  
21 Operations of government X X    
22 Testing procedures, tests and audits X X X  
22.1 Internal audits X X X  
23 Solicitor-client privilege X X    
24 Statutory prohibitions X X X  
25 Severance
  • determining if exempt information can reasonably be severed from otherwise releasable information
 X X X X
26 Information to be published
  • determining whether to refuse to disclose information that will be published within 90 days of the request
 X X X X
27(1)(4) Third party notification
  • written notice to third parties of intent to disclose information that relates to them and extend time limits
 X X X X
28(1)(2)(4) Third party notification - representations
  • review third party representations and decide whether or not to disclose records and give written notice of the decision to the third party and waive requirement to submit representations in writing
 X X X X
29(1) Disclosure on recommendation of the Information Commissioner
  • written notification to the requester and third party(s) regarding the decision to disclose following a recommendation by the Information Commissioner
 X X X  
33 Advise Information Commissioner of third party involvement
  • advise the Information Commissioner of any third party that was notified under subsection 27(1), or would have been notified if the Agency had intended to disclose the record
 X X X X
35(2)(b) Right to make representations
  • make representations to the Information Commissioner in the course of an investigation of a complaint
 X X X  
37(1) Notice to Information Commissioner of action taken or proposed
  • where appropriate, provide notice to the Commissioner of any action taken or proposed to be taken to implement recommendations, or reasons why no such action will be taken
 X X X  
37(4) Access to be given to complainant
  • where decision was made to provide access, provide access
 X X X  
43(1) Notice to third party (application to Federal Court for review)
  • upon being given notice of an application to Federal Court for review under section 41 or 42, give written notice of the application to third party(s)
 X X X  
44(2) Notice to applicant (application to Federal Court by third party)
  • give written notice of the application to requester
 X X X  
52(2)(3) Special rules for hearings
  • for an application under section 41 or 42 relating to refusal to disclose (or appeal) by reason of 13(1)(a) or (b) or 15 (international affairs or defence), the institution concerned can request that the application can be heard and determined in the National Capital Region, and can request to make representations ex parte
 X X X  
71(2) Exempted information severed from manuals
  • decision to refuse to disclose parts of manuals in accordance with exemption criteria
 X X X  
72 Annual Report
  • prepare and table Annual Report to Parliament including expenses within prescribed timelines
 X X X  
77 Responsibilities under Access to Information Regulations: X X    
6(1) Transfer of request
  • consent to process an access request transferred from another government institution within time limits set out in the AIA
 X X X X
7(2) Search and preparation fees X X X  
7(3) Production and programming fees X X X  
8 Method of access X X X  
8.1 Limitations in respect of format X X X  

Appendix B: May 2016 Delegation Order

Appendix C: October 2015 Delegation Order

October 2015 Delegation Order
Section of the Access to Information Act Description Authority Delegated to
General Counsel Director Secretariat & Registrar Services/ ATIP Coordinator ATIP Analyst Director IM /IT
4(2.1) Responsibility of head of institution
  • make every reasonable effort to assist the person in connection to the request, respond to the request accurately, completely and timely subject to the regulations
 X X    
7(a) Notice where access requested
  • give written notice to the requester as to whether or not access to records or parts thereof will be given
 X X X  
7(b)
  • give access to the record or part thereof
 X X    
8(1) Transfer of request
  • transfer a request to another government institution with a greater interest
 X X X  
9 Extension of time limits
  • extension of time limits and giving notices to requester and Information Commissioner
 X X X  
11(2)(3)(4)(5)(6) Additional fees
  • assessing additional fees chargeable under the AIA and Section 7 of the regulations, notification to requester, waiving of fees
 X X    
12(2)(b) Language of access
  • determining if it is in the public interest to translate records requested in a particular official language
 X X    
12(3)(b) Access in an alternative format
  • determining if the giving of access in an alternative format to a person with a sensory disability is necessary and reasonable
 X X    
  Invoking exemptions
  • determining whether or not to invoke the following exemptions to refuse access and exercising discretion where appropriate:
 X X    
13 Information obtained in confidence X X    
14 Federal-provincial affairs X X    
15 International affairs and defence X X    
16 Law enforcement and investigations X X    
16.5 Public Servants Disclosure Protection Act X X    
17 Safety of individuals X X    
18 Economic interests of Canada X X    
18.1 Economic interest of certain government institutions X X    
19 Personal information X X    
20 Third party information X X    
21 Operations of government X X    
22 Testing procedures, tests and audits X X    
22.1 Internal audits X X    
23 Solicitor-client privilege X X    
24 Statutory prohibitions X X    
25 Severance
  • determining if exempt information can reasonably be severed from otherwise releasable information
 X X    
26 Information to be published
  • determining whether to refuse to disclose information that will be published within 90 days of the request
 X X    
27(1)(4) Third party notification
  • written notice to third parties of intent to disclose information that relates to them and extend time limits
 X X X  
28(1)(2)(4) Third party notification - representations
  • review third party representations and decide whether or not to disclose records and give written notice of the decision to the third party and waive requirement to submit representations in writing
 X X X  
29(1) Disclosure on recommendation of the Information Commissioner
  • written notification to the requester and third party(s) regarding the decision to disclose following a recommendation by the Information Commissioner
 X X    
33 Advise Information Commissioner of third party involvement
  • advise the Information Commissioner of any third party that was notified under subsection 27(1), or would have been notified if the Agency had intended to disclose the record
 X X X  
35(2)(b) Right to make representations
  • make representations to the Information Commissioner in the course of an investigation of a complaint
 X X    
37(1) Notice to Information Commissioner of action taken or proposed
  • where appropriate, provide notice to the Commissioner of any action taken or proposed to be taken to implement recommendations, or reasons why no such action will be taken
 X X    
37(4) Access to be given to complainant
  • where decision was made to provide access, provide access
 X X    
43(1) Notice to third party (application to Federal Court for review)
  • upon being given notice of an application to Federal Court for review under section 41 or 42, give written notice of the application to third party(s)
 X X    
44(2) Notice to applicant (application to Federal Court by third party)
  • give written notice of the application to requester
 X X    
52(2)(3) S pecial rules for hearings
  • for an application under section 41 or 42 relating to refusal to disclose (or appeal) by reason of 13(1)(a) or (b) or 15 (international affairs or defence), the institution concerned can request that the application can be heard and determined in the National Capital Region, and can request to make representations ex parte
 X X    
71(2) Exempted information severed from manuals
  • decision to refuse to disclose parts of manuals in accordance with exemption criteria
 X X    
72 Annual Report
  • prepare and table Annual Report to Parliament including expenses within prescribed timelines
 X X    
77 Responsibilities under Access to Information Regulations: X X    
6(1) Transfer of request
  • consent to process an access request transferred from another government institution within time limits set out in the AIA
 X X X  
7(2) Search and preparation fees X X    
7(3) Production and programming fees X X    
8 Method of access X X    
8.1 Limitations in respect of format X X    

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