Annual Report Access to Information Act 2013 - 2014
Chapter I – Report on the Access to Information Act
The Access to Information Act provides the Canadian public with a broad right of access to information in records under the control of a government institution. This is in accordance with the principles that government information should be available to the public and that necessary exceptions to the right of access should be limited and specific.
Section 72 of the Access to Information Act requires that the head of every federal government institution submit an annual report to Parliament on the administration of this Act during the fiscal year. This report describes how Correctional Service Canada (CSC) fulfilled its access to information responsibilities during the reporting period covering 2013-2014.
Our reporting Head, the Minister of Public Safety, has delegated the administration of the Access to Information Act, including the reporting of the Annual Report, to the Commissioner of CSC.
2.1 About the Correctional Service Canada
Correctional Service Canada was formed in 1979 through the amalgamation of the Canadian Penitentiary Service and the Parole Board of Canada. CSC has the fundamental obligation to contribute to public safety by actively encouraging and assisting offenders to become law-abiding citizens, while exercising reasonable, safe, secure and humane control.
It does this by operating under the rule of law, in particular the Correctional and Conditional Release Act (CCRA), which provides its legislative framework. The Commissioner of CSC has the authority, extending from the CCRA, to issue directives, procedures and guidelines to carry out the agency's operations.
CSC contributes to public safety by administering court-imposed sentences for offenders sentenced to two years or more. This involves managing institutions (penitentiaries) of various security levels and supervising offenders on different forms of conditional release, while assisting them in become law-abiding citizens. CSC also administers post-sentence supervision of offenders with Long Term Supervision Orders for up to 10 years.
CSC works closely with its Public Safety Portfolio partners, including the Royal Canadian Mounted Police (RCMP), the Parole Board of Canada (PBC), the Canada Border Services Agency (CBSA), the Canadian Security Intelligence Service (CSIS), and three review bodies, including the Office of the Correctional Investigator (OCI).
2.2 The Access to Information and Privacy Division
The Access to Information and Privacy Division (ATIP) is comprised of one Director and eight teams: an Administrative Unit, two Access to Information Teams, four Privacy Teams and a Policy and Training Unit. The Administrative Unit is responsible for processing incoming requests, generating routine correspondence, tasking the institutions in order to retrieve records for privacy requests, ensuring quality control, preparing final release packages for the mail, and providing general support to the ATIP office. The Access to Information and Privacy Teams review and analyze documents, provide guidance, conduct consultations, process complaints received about their files from the Offices of the Information and Privacy Commissioners, and provide guidance and support to program areas on the application of the Acts. In addition, the Access to Information teams are responsible for tasking the branches and regions in order to retrieve records. The Policy and Training Unit develops policies, guidelines, tools and procedures to support ATIP requirements within CSC, oversees the Privacy Impact Assessment process, manages privacy breaches, processes complaints on the use and disclosure of personal information from the Office of the Privacy Commissioner, and provides training to CSC employees.
During the 2013-2014 fiscal year, there were 58 full-time equivalents (FTE) and 10 casual employees.
The ATIP Division is part of the Policy Sector and reports to the Director General of Rights, Redress and Resolution. It is responsible for the overall administration of the Access to Information Act and the Privacy Act. In addition, each sector, region, institution, parole office and community correctional centre has an Access to Information and Privacy liaison who assists the national ATIP Division in administering its overall responsibilities.
During the next reporting period, the ATIP Division will be undergoing a restructuring in order to improve and streamline workflow with the overall goal of increasing the efficiency of the office.
2.3 Operational Challenges
The ATIP Division continues to process a large number of complex Access requests, with limited resources, relating to
3.0 Highlights & Accomplishments
3.1 Training & Awareness
The Policy and Training Unit (PTU) plays a fundamental role in developing and delivering training to employees at National Headquarters, Regional Headquarters and in the Institutions across Canada, as well as the ATIP staff, on Access to Information and Privacy related matters.
During this reporting period, the ATIP Division continued delivering ATIP Awareness training to the sectors and the regions in order to ensure CSC employees have an understanding of ATIP and the importance of their role in the process. Regional ATIP Liaisons also delivered training sessions within their regions. Employees were trained from various areas of CSC, including:
A total of 315 employees received ATIP training at NHQ and in the regions this reporting period.
The Policy and Training Unit continues to offer training to Regional ATIP Liaisons and provide advice and answer questions and concerns regarding training, policy and guidelines, interpretations of the Act, etc. through its GEN-NHQ Policy and Training email account. This continues to be a very useful tool.
3.2 Policies, Guidelines, and Procedures
During the 2013-2014 fiscal year, the ATIP Division implemented new ATIA policies, practices and procedures, including:
3.3 ATIP Website – Internal and External
CSC's ATIP Division continues to ensure its internal ATIP website is kept updated with the most current information in order to educate the wider CSC community on access to information. The site includes information regarding policies and procedures, directives, and a list of ATIP Tips.
In accordance with TBS' guidelines, CSC continues to post summaries of completed access to information requests on a monthly basis. For more information, please consult CSC's Completed Access to Information Requests page.
ATIP's external internet continues to be user-friendly and includes dedicated pages for instructions on submitting access and privacy requests, the duty to assist, an up-to-date list of the completed Privacy Impact Assessments, and frequently asked questions. For more information, please consult the ATIP Division's Internet site.
3.4 Info Source
CSC is responsible for providing comprehensive, accurate and up-to-date descriptions of its functions, programs, activities. CSC's program records continue to be properly described and reflect its 2013-2014 Program Activity Architecture.
CSC's Info Source chapter can now be found on its external website and will be updated as revisions arise.
3.5 Management Accountability Framework (MAF)
There was no MAF for the fiscal year 2013-2014.
3.6 Ongoing Activities
Throughout the 2013-2014 fiscal year, officials of the ATIP division supported the administration of the Access to Information Act through many of its other activities, including:
4.0 Delegation of Authority
The responsibilities associated with the administration of the Access to Information Act, such as notifying applicants of extensions and transferring requests to other institutions, are delegated to the departmental ATIP Coordinator through a delegation instrument signed by the Minister of Public Safety. The approval of exemptions remains with the Director, the Deputy Directors as well as the Team Leaders. Delegation for public interest releases as well as research and statistics rests with the Commissioner, the Senior Deputy Commissioner and the Assistant Commissioner, Policy.
A detailed delegation instrument can be viewed in Appendix A.
Chapter II – Access to Information Act Statistical Report and Supplementary Reporting Requirements for 2013-2014
5.0 Statistical Report
See Appendix B for CSC's Statistical Report on the Access to Information Act.
6.0 Interpretation of the 2013-2014 Statistical Report
6.1 Requests received under the Access to Information Act
In 2013-2014, CSC received 630 Access to Information Act requests. 170 requests were carried over from the previous reporting period for a total of 800 requests. Please refer to Appendix B for the statistical report.
In addition to formal Access to Information Act requests, the Division processed 119 consultation requests from other government institutions, as well as 77 informal requests.
6.2 Source of Requests
Of the 630 received, the majority of CSC's requests originated from the public (offenders are included in this category), totaling 463. Media accounted for 119 requests received; nine requests were received from Business; 12 requests were received from Academia; 27 requests were received from organizations and there were no requests received from political parties.
The following graph details the breakdown of requests received by each group:
6.3 Disposition of Requests
Of the 618 requests completed during this reporting period, full disclosure was provided in response to 138 requests and partial disclosure was provided in 225 cases. Information was withheld in its entirety pursuant to exemptions in 32 cases and in seven cases the information was excluded. CSC was unable to process 112 requests as a result of no records existing; no requests were treated informally; 96 were abandoned; and eight were transferred to other federal government institutions. A total of 51,632 pages were processed.
A breakdown of the exemptions/exclusions applied during this reporting period is as follows:
|Exemption Description||Number of Times Applied|
|Obtained in Confidence||22|
|International Affairs and Defence||6|
|Law Enforcement & Investigation||153|
|Safety of Individuals||1|
|Third Party Information||57|
|Operations of Government (Advice)||155|
|Information to be published||27|
A total of 194 extensions were required during this reporting period. As requests get more voluminous, complex and require an increased amount of programming time when asking for statistics, the need for dedicated search time is subsequently increased.
6.6 Completion Time
During the reporting period, CSC completed 412 requests in less than 30 days; 81 between 31 and 60 days; 70 requests between 61 to 120 days; 29 requests between 121 to 180 days and 26 were closed over 180 days. The majority of the requests which required extensive processing time resulted from consultations with other federal government departments.
6.7 Informal Requests
During the reporting period, 77 informal requests were completed. Sixty-six of these were for completed requests that were posted on CSC's external website which resulted in the release of 253 previously released Access to Information packages. The remaining requests included:
6.8 Method of Access
Where information was available for release, copies were provided in 363 cases which included paper copies, electronic and CDs.
6.9 Consultations from Other Institutions
The ATIP Division's workload involves responding to consultations in response to formal requests received by other institutions. CSC works closely with its partners under the Public Safety portfolio such as CBSA, RCMP, CSIS, PBC, OCI, as well as Citizenship and Immigration in order to respond to consultations in a timely fashion.
During the 2013-2014 reporting period, the ATIP Division received a total of 137 consultations from other institutions processing requests under the Access to Information Act.
The following chart provides the type and number of consultations received over the 2013-2014 reporting year:
|Type of Consultation||Number of Consultations Received in 2013-2014|
|Other government institutions||119|
7.0 Supplementary Reporting Requirements
7.1 Complaints and Investigations
Applicants have the right of complaint to the Office of the Information Commissioner (OIC) pursuant to the Access to Information Act and may exercise this right at any time during the processing of their request. At the end of this reporting period, CSC received a total of 54 complaints and 49 findings were issued.
The majority of the access complaints received during this reporting period concern application of exemptions and refusal of access. CSC processed 618 requests and received 51 complaints representing less than 8.25% of the requests processed by CSC.
The following chart provides a breakdown of the type of complaint made to the OPC:
|Type of Complaint||Received||Finding||Active|
|Refusal Access – General (i.e. incomplete response, no records, etc.)||11||7||21|
During last fiscal year, procedures were implemented as a result of formal ATIA complaints received by CSC and the OIC's investigations and recommendations. These procedures are still in place and are as follows:
A total of $4830.15 was collected as per Access to Information Act Regulations which included:
|Fee Type||Total Fees Collected|
The initial $5.00 application fee for requestors requesting Boards of Investigation reports concerning a family member was waived in light of the duty to assist.
7.3 Federal Court
CSC was named the respondent in one federal court review related to Access requests.
The ATIP Division expended a total of $854,245.00 – $847,518.00 was in salary costs and $6,727.00 in operating costs. There were no overtime costs.
Appendix A – Delegation of Authority
The Minister of Public Safety, 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 the head of a government institution, that is, the Correctional Service of Canada, under the sections of the Act set out in the schedule opposite each position.
|Section||Action||Commissioner||Senior Deputy Commissioner||Assistant Commissioner Policy||Director ATIP||Deputy Director, ATIP||Team Leaders, ATIP||Regional Deputy Commissioners||Wardens & District Directors|
|7(a)||Notice where access requested||•||•||•|
|8(1)||Transfer to – transfer from institution||•||•|
|9||Extension of time limits||•||•||•|
|12(2)||Language of access||•||•||•|
|12(3)||Access in Alternative format||•||•||•|
|13||Information obtained in Confidence||•||•||•||•||•|
|15||International affairs and defence||•||•||•||•||•|
|16||Law enforcement and investigation||•||•||•||•||•|
|17||Safety of individuals||•||•||•||•||•|
|18||Economic Interests of Canada||•||•||•||•||•|
|20||Third party information||•||•||•||•||•|
|26||Information to be published||•||•||•||•||•|
|27(1)(4)||Third party notification||•||•||•||•||•|
|29(1)||Disclosure on recommendation of Information Commissioner||•||•||•||•||•|
|33||Advise Information Commissioner of third party involvement||•||•||•||•||•|
|35(2)||Right to make representations||•||•||•||•||•|
|37(4)||Prepare annual report to Parliament||•||•|
|43(1)||Notice to third party (application to Federal court for review)||•||•||•||•||•|
|44(2)||Notice to applicant (application to federal Court by third party)||•||•||•||•||•|
|52(2)||Special rules for hearings||•||•||•||•||•|
|71(2)||Exempt information severed from manuals||•||•||•||•||•|
|77||Responsibilities conferred on the head of the institution by the regulations made under section 77 which are not included above||•||•||•||•||•|
Dated, at the City of Ottawa, this
__th day of ______, 2013
The Honourable Steven Blaney, P.C., M.P.
Minister of Public Safety
Appendix B – Statistical Report
Statistical Report on the Access to Information Act
Name of institution:
Correctional Service Canada
2013-04-01 to 31-Mar-14
PART 1 – Requests under the Access to Information Act
1.1 Number of Requests
|Requests under the Access to Information Act||Number of Requests|
|Received during reporting period||630|
|Outstanding from previous reporting period||170|
|Closed during reporting period||618|
|Carried over to next reporting period||182|
1.2 Sources of requests
|Source||Number of Requests|
|Business (Private Sector)||9|
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
|121 to 180
|181 to 365
|More than 365 days||Total|
|Disclosed in part||8||73||43||54||27||11||9||225|
|No records exist||65||40||7||0||0||0||0||112|
|15(1) - I.A.*||4||16.1(1)(d)||0||18.1(1)(d)||0||22||9|
|15(1) - Def.*||0||16.2(1)||0||19(1)||205||22.1(1)||2|
|15(1) - S.A.*||2||16.3||0||20(1)(a)||2||23||24|
* I.A.: International Affairs, Def.: Defence of Canada, S.A.: Subversive Activities
|Section||Number of requests||Section||Number of requests||Section||Number of requests|
|68(a)||27||69(1)(a)||1||69(1)(g) re (a)||10|
|68(b)||2||69(1)(b)||0||69(1)(g) re (b)||0|
|68(c)||0||69(1)(c)||0||69(1)(g) re (c)||2|
|68.1||0||69(1)(d)||0||69(1)(g) re (d)||1|
|68.2(a)||0||69(1)(e)||0||69(1)(g) re (e)||5|
|68.2(b)||0||69(1)(f)||0||69(1)(g) re (f)||0|
2.4 Format of information released
|Disclosed in part||222||3||0|
2.5.1 Relevant pages processed and disclosed
|Disposition of requests||Number of pages
|Number of pages
|Number of requests|
|Disclosed in part||37474||18342||225|
2.5.2 Relevant pages processed and disclosed by size of requests
|Disposition||Less than 100 pages processed||101-500
|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|
|Disclosed in part||144||3913||61||5306||16||6147||4||2976||0||0|
2.5.3 Other complexities
|Disposition||Consultation required||Assessment of fees||Legal advice sought||Other||Total|
|Disclosed in part||77||12||0||3||92|
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|
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
|1 to 15 days||9||4||13|
|16 to 30 days||6||1||7|
|31 to 60 days||1||5||6|
|61 to 120 days||3||4||7|
|121 to 180 days||1||3||4|
|181 to 365 days||2||10||12|
|More than 365 days||3||0||3|
2.7 Requests for translation
|English to French||0||0||0|
|French to English||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
Third party notice
|Disclosed in part||89||0||37||19|
|No records exist||4||0||0||0|
3.2 Length of extensions
|Length of extensions||9(1)(a)
Interference with operations
Third party notice
|30 days or less||54||0||8||2|
|31 to 60 days||44||0||6||7|
|61 to 120 days||28||0||23||12|
|121 to 180 days||1||0||3||1|
|181 to 365 days||0||0||4||0|
|365 days or more||1||0||0||0|
PART 4 – Fees
|Fee Type||Fee Collected||Fee Waived or Refunded|
|Number of requests||Amount||Number of requests||Amount|
PART 5 – Consultations received from other institutions and organizations
5.1 Consultations received from other government institutions and organizations
|Consultations||Other government institutions||Number of pages to review||Other organizations||Number of pages to review|
|Received during reporting period||119||6947||0||0|
|Outstanding from the previous reporting period||18||3372||0||0|
|Closed during the reporting period||130||9830||0||0|
|Pending at the end of the reporting period||7||489||0||0|
5.2 Recommendations and completion time for consultations received from other government institutions
|Recommendation||Number of days required to complete consultation requests|
|1 to 15 days||16 to 30 days||31 to 60 days||61 to
|121 to 180 days||181 to
|Disclose in part||20||27||9||3||4||1||0||64|
|Consult other institution||3||1||0||0||0||0||0||4|
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
|121 to 180 days||181 to
|Disclose in part||0||0||0||0||0||0||0|
|Consult other institution||0||0||0||0||0||0||0||0|
PART 6 – Completion time of consultations on Cabinet confidences
|Number of days||Number of responses received||Number of responses received past deadline|
|1 to 15||4||0|
|16 to 30||1||1|
|31 to 60||0||0|
|61 to 120||0||0|
|121 to 180||0||0|
|181 to 365||0||0|
|More than 365||0||0|
PART 7 – Resources related to the Access to Information Act
|Goods and Services||$6,727|
Professional services contracts
7.2 Human Resources
|Resources||Dedicated full-time to ATI
to ATI activities
|Part-time and casual employees||1.00||0.00||1.00|
|Consultants and agency personnel||0.00||0.00||0.00|
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