Annual Report to Parliament on the Access to Information Act 2015-2016

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Table of Contents

  1. Highlights
  2. Introduction
  3. Governance and accountability
  4. Privy Council Office delegation order
  5. Access to Information and Privacy Division
  6. Activities and accomplishments
  7. Education and training activities
  8. Information-related policies, guidelines, and procedures
    1. a) Posting of completed access to information requests
    2. b) Electronic release of records
  9. Other activities
    1. a) Reading room
    2. b) Proactive disclosure
  10. Interpretation of the Statistical Report
    1. Part 1: Requests under the Access to Information Act
      1. 1.1) Requests
      2. 1.2) Sources of requests
      3. 1.3) Informal requests
      4. 1.4) Types of Information requested
    2. Part 2: Requests closed during the reporting period
      1. 2.1) Disposition and completion time
      2. 2.2) Exemptions
      3. 2.3) Exclusions
      4. 2.4) Format of information released
      5. 2.5) Complexity
        1. 2.5.1) Relevant pages processed and disclosed
        2. 2.5.2) Relevant Pages processed and disclosed by size of request
        3. 2.5.3) Other complexities
      6. 2.6) Deemed refusals
      7. 2.7) Requests for translation
    3. Part 3: Extensions
      1. 3.1) Reasons for extensions and disposition of requests
      2. 3.2) Length of extensions
    4. Part 4: Fees
    5. Part 5: Consultations received from other institutions and organizations
      1. 5.1) Consultations received from other government institutions and organizations
      2. 5.2) Recommendations and completion time for consultations received from other Government of Canada institutions
      3. 5.3) Recommendations and completion time for consultations received from other organizations
    6. Part 6: Completion time of consultations on Cabinet confidences
      1. 6.1) Requests with Legal Services
      2. 6.2) Requests with Privy Council Office
    7. Part 7: Complaints and investigations
      1. 7.1) Complaints
      2. 7.2) Investigations
    8. Part 8: Court action
    9. Part 9: Resources related to the Access to Information Act
      1. 9.1) Costs
      2. 9.2) Human resources
  11. Appendix A: Delegation orders
  12. Appendix B: 2015-2016 Statistical Report on the Access to Information Act
  13. Appendix C: Exemptions and exclusions

Highlights

  1. Despite an increase in the number of pages reviewed over the last three fiscal years, the Privy Council Office (PCO) has maintained a high level of performance in access to information. In 2015-2016, 106,358 pages were processed, which represents a 39% increase in the pages reviewed from last fiscal year and 80% more than the amount reviewed in 2013-2014. These pages have to undergo a thorough review process in which multiple PCO Secretariats and government departments are consulted. Considering the complexity and increased page volume, it is an achievement that 98.3% of the requests were completed on-time.
  2. A new practice for releasing records was implemented near the close of 2014-2015. Response packages are now routinely provided on a CD when packages are more than 125 pages, or when requesters ask for an electronic version. The PDF documents are released in a secure format. This electronic practice eliminates fees to requesters for the cost of reproducing records of more than 125 pages at no additional expense to PCO. While one package under the Access to Information Act (ATIA) was released electronically in 2014-2015, the policy became fully operational at the start of fiscal year 2015-2016. Electronic release packages constituted approximately one-third of responses or 135 packages for the fiscal year.
  3. c) In December 2015, PCO took an administrative decision to cease charging any fees above the $5 application fee per request. As a result, total fees received declined from $6,442 in 2014-2015 to $3,755 this fiscal year, (a decrease of 40%) and are expected to be reduced further in future years.

Introduction

The Privy Council Office (PCO) reports directly to the Prime Minister and is headed by the Clerk of the Privy Council and the Secretary to the Cabinet. PCO is both the Cabinet secretariat and the Prime Minister’s source of public service advice across the entire spectrum of policy questions and operational issues facing the Government. As the hub of non-partisan, public service support to the Prime Minister, Cabinet and its decision-making structures, PCO ensures that the Government and Canadians are served by the highest quality public service.

From the beginning of the fiscal year until a new Cabinet was sworn in on November 4, 2015, PCO also provided support to the Minister of Intergovernmental Affairs, the Leader of the Government in the House of Commons, the Minister of State and Chief Government Whip, and the Minister of State (Democratic Reform). A new Ministry was sworn in on November 4, 2015. Through the remainder of the fiscal year, in addition to the new Prime Minister (including in his capacities as Minister of Youth and Minister of Intergovernmental Affairs), PCO provided support to the Leader of the Government in the House of Commons and the Minister of Democratic Institutions.

PCO has three main roles:

  • Advice to the Prime Minister - PCO brings together quality, objective policy advice, analysis and information to support the Prime Minister, the ministers within the Prime Minister’s portfolio and Cabinet. This includes:
    • bringing together non-partisan advice, analysis and information from across the Public Service;
    • consulting and collaborating with international and domestic partners inside and outside of government (including provincial and territorial governments);
    • gathering information on the priorities of Canadians;
    • supporting and advising on the development and implementation of the Government’s Parliamentary and legislative programs and democratic reform agenda; and
    • advising on Canada’s Westminster style of government, on government structure and organization, and on Governor in Council appointments.
  • Secretariat to Cabinet - PCO facilitates the smooth, efficient and effective functioning of Cabinet and the Government of Canada on a day-to-day basis. This includes:
    • managing the Cabinet's decision-making system;
    • coordinating departments’ policy and legislative proposals to Cabinet, with supporting policy analysis;
    • scheduling and providing support services for meetings of Cabinet and Cabinet committees;
    • advancing the Government's agenda across federal departments and agencies and with external stakeholders;
    • advising on Governor in Council appointments, including directing and coordinating selection and recruitment processes for leadership and full-time Governor in Council positions across the public sector and supporting Cabinet in decision-making related to Governor in Council appointments;
    • preparing Orders in Council and other statutory instruments to give effect to Government decisions; and
    • providing administrative services to the Prime Minister's Office, portfolio ministers and commissions of inquiry.
  • Public Service Leadership - PCO supports the development and maintenance of a high quality public service that meets the highest standards of accountability, transparency and efficiency, one that is able to deliver the best advice to government and excellent services to Canadians. This includes:
    • managing the recruitment and appointment process for senior positions in federal departments and agencies;
    • guiding policy on people management issues and public service renewal; and
    • building the capacity of the public service to meet emerging challenges and the changing responsibilities of government.

This is the 33rd Annual Report to Parliament on the administration of the Access to Information Act (ATIA) by PCO, submitted as required by s. 72(1) of the ATIA. This report covers the reporting period of April 1, 2015 to March 31, 2016.

Additional copies of this report may be obtained from:

  • Access to Information and Privacy Division
    Privy Council Office
    55 Metcalfe Street, Room 1500
    Ottawa, Ontario K1A 0A3

Governance and accountability

PCO provides support to the Prime Minister and to the ministers within his portfolio, which, in 2015-2016, included: (April 1 to November 4, 2015) the Minister of Intergovernmental Affairs, the Leader of the Government in the House of Commons, the Minister of State and Chief Government Whip, and the Minister of State (Democratic Reform); (November 4, 2015 to March 31, 2016) the Leader of the Government in the House of Commons and the Minister of Democratic Institutions.

Reporting to the Prime Minister, the Clerk of the Privy Council has three main roles: Deputy Minister to the Prime Minister, Secretary to the Cabinet, and Head of the Federal Public Service. PCO’s Corporate Services Branch, which reports directly to the Clerk, has four divisions, including Access to Information and Privacy (ATIP). The ATIP Division has three functional areas of responsibility: ATIP Policy and Processes, Operations, and Client Services.

Privy Council Office delegation order

The Minister heading each government institution is responsible for the implementation of the ATIA within his/her institution. The Prime Minister, as the Head of the Privy Council Office and pursuant to s. 73 of the ATIA, is responsible for the implementation of the ATIA within PCO. Through the PCO delegation order, the Prime Minister has designated the Director, Access to Information and Privacy, as the individual within PCO to perform the powers, duties, functions, or administrative tasks pertaining to the ATIA. PCO Secretariats, or Offices of Primary Interest (OPIs), holders of the information identified in an access request, approve the release of information to requesters and the application of exemptions or exclusions and supporting rationales. This shared delegation of authority for the disposition of information is exercised diligently within PCO, and recorded formally at appropriate stages in the process. The PCO delegation orders which were in effect in 2015-2016 are attached at Appendix A, including the renewed order signed following the swearing in of a new government in November 2015.

Access to Information and Privacy Division

The ATIA provides a right of access to information in records under the control of government institutions. The ATIA is not a substitute for other access mechanisms, but is intended to complement other informal procedures that allow public access to government information. The ATIA stipulates that government information should be available to the public, necessary exceptions to the right of access should be limited and specific, and decisions made by government institutions about the disclosure of information should be reviewed by a body independent of government.

The ATIP Division is the focal point for access to information and privacy within PCO. The ATIP Division is responsible for managing requests for departmental or personal information, ensuring corporate understanding and compliance with the ATIA and the Privacy Act (PA), and fostering corporate awareness of access and privacy rights and responsibilities. On matters of access and privacy, the ATIP Division also acts as a primary liaison with the Office of the Information Commissioner (OIC), the Office of the Privacy Commissioner (OPC), Treasury Board of Canada Secretariat (TBS), and partner departments.

The ATIP Division has a personnel complement totalling approximately 20 full-time equivalents that are organized into three categories of responsibility.

  1. ATIP Policy and Processes
    • Provides expertise in access to information and privacy policy;
    • Optimizes operations performance; and
    • Researches trends and best practices in access to information and privacy.
  2. Operations
    • Processes access to information and privacy requests;
    • Oversees the collection and release of personal and/or business information; and
    • Maintains dialogue with PCO secretariats and other federal or provincial institutions.
  3. Client Services
    • Produces training and promotional products;
    • Develops and delivers ATIP training programs;
    • Develops ATIP awareness messaging;
    • Coordinates responses to Parliamentary questions and petitions on behalf of PCO; and
    • provides database administration.

In compliance with s. 12(1) of the ATIA, the ATIP Division also provides a Reading Room where the public may examine requested departmental records, manuals, and publications related to access to information. In the 2015-2016 fiscal year, no requesters made use of this option for access.

Activities and accomplishments

Key Operational Statistics
Access to Information Requests 2015-16 2014-15 2013-14 2012-13
Requests Received 559 646 907 780
Requests Completed 620 677 772 725
Requests Completed On-Time (%) 98.3% 95.3% 97.8% 99.7%
OIC Grade A (projected) A A A
Total Pages Reviewed 106,358 76,372 58,409 36,443

Since receiving an “F” performance rating by the OIC for the 2006-2007 fiscal year, the Privy Council Office has steadily improved its performance to the public. For the last 4 fiscal years (2012-2013 to 2015-2016), the percentage of requests responded to on-time by PCO has been 95% or better, despite a 192% increase in page volume over the same period. PCO continues to focus on training, support throughout the fiscal year, making diligent use of resources in a tight marketplace to reach this goal.

Education and training activities

PCO promotes ATIP imperatives in face-to-face meetings, presentations, special events, learning products, on the intranet and through its training program. It fosters strong working relationships with clients, and operates under a clearly established timeline and procedures.

In 2015-2016, PCO delivered ATIP training or awareness sessions to over 100 employees through a total of 14 training events during the reporting year. The majority of these training sessions provided an overview of ATIP to internal secretariats, as well as delivering insight on the process and application of exemptions.

To promote understanding of access and privacy responsibilities, the PCO Executive Committee was provided with a summary of access and privacy statistics, performance and compliance. The Director of ATIP maintained regular contact with senior staff in the Department and ATIP senior staff met with senior officials in PCO Secretariats to clarify roles and strengthen working relationships. Throughout 2015-2016, PCO ATIP analysts liaised with clients to explain the five-stage request timeline, train on processes such as the search for records, assist with records review, and explain their working role.

PCO personnel are provided with multiple channels to information on access and privacy, such as instructional ATIP handouts, an e-mailbox for questions, takeaway learning tools, and comprehensive and educational electronic content on PCO’s intranet.

Information-related policies, guidelines, and procedures

a) Posting of completed access to information requests

As part of the Open Government Initiative, PCO provides monthly summaries of completed access to information requests online. This information includes: summary of request text, disposition, and number of pages disclosed. Summaries are available here from June 2013 onward with direct links for requesting a copy of records. The public can also submit informal requests for completed files by mail or via the generic email on the PCO website. This website has lists of request summaries for the time period of December 2011 to December 2014. Requests related to the Public Appointments Commission Secretariat are processed by PCO and are included in the lists. Records are provided in the form that they were released under the ATIA including format, language(s) and any exemptions or exclusions that were applied.

As reported in the Statistical Report, PCO released a total of 197 previously released ATI packages informally between April 1, 2015 and March 31, 2016.

b) Electronic release of records

In March 2015, ATIP introduced a new practice for the release of records, in which packages over 125 pages are provided in PDF format on a CD. CDs are also provided if the requester asks for an electronic copy. Verification of the PDF by ATIP officers and management takes place at four stages to ensure its accuracy. The PDF format has been deemed tamper-proof and secure by PCO Security Operations. This initiative also benefited the requesters, who, prior to the elimination of such fees, were no longer subject to fees for the cost of reproducing packages that are more than 125 pages. The electronic release packages create no additional expense for PCO. While one package under the ATIA was released electronically in 2014-2015, the policy became fully operational at the start of fiscal year 2015-2016. Electronic release packages have constituted approximately one-third of responses this fiscal year or 135 packages this year.

Other activities

a) Reading room

In Fall 2014, ATIP operations moved to a new office which made it necessary to re-locate the Reading Room. The Reading Room is now on the first floor of the Hope Building at 63 Sparks Street, Ottawa, Ontario. This secure location allows for an appropriate separation from office activities and provides requesters with a suitable environment to review documents. It is possible for ATIP officers to reserve the space in advance to ensure that it is available to requesters. In 2015-2016, no individual made use of this means of access to information.

b) Proactive disclosure

In compliance with mandatory proactive disclosurerequirements for government organizations, the PCO website continued to make available information concerning PCO travel and hospitality expenses, reclassification of positions, contracts over $10,000, and grant and contribution awards.

Interpretation of the Statistical Report

The 2015-2016 Statistical Report on the ATIA is shown at Appendix B.

Part 1: Requests under the Access to Information Act

1.1) Requests

Between April 1, 2015 and March 31, 2016, PCO received 559 requests for information under the ATIA, a decrease of 13.5% from 2014-2015. Over the last ten fiscal years, request totals have been increasingly variable. Since receiving the highest request volume in the 2013-2014 fiscal year (907 requests), there has been a decrease in requests received. In the last two fiscal years, the volume of requests has declined by approximately 38%.

Figure 1 - Volume of Requests by Year
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A total of 250 active requests were carried into 2015-2016 from the previous fiscal year, while a total of 189 active requests were carried forward into 2016-2017.

1.2) Sources of requests

The sources of access to information requests, in descending order by volume, were: media, public, academia, organization, and business.

As shown in the chart below, the breakdown of the requests received during 2015-2016 is as follows:

  • 330 or 59% - media;
  • 137 or 24% - public;
  • 46 or 8% - academia;
  • 31 or 6% - organization, including from Parliament (members of the House of Commons or Senate); and
  • 15 or 3% - business (private sector).

At 330, requests from the media declined by 28% in volume from 2014-2015, but continued to form the largest portion of the request volume at 58%. Requests from academia and organizations saw a large jump this year. At 46, requests from academia have increased 92% from 24 in 2014-2015, while requests from organizations increased by over 150% from 12 last fiscal year to 31 in 2015-2016. The remaining requests come from businesses, which has seen a steady decline over the past three years decreasing by 61% from 2014-2015 to only 15 requests.

Figure 2 - Requests by Source
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1.3) Informal requests

Figure 3 - Completion Time for Informal Requests
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In 2015-2016, a total of 197 informal requests were completed compared to 427 completed in 2014-2015, which represents a decrease of 54%. Thirty-four or 17% of informal requests were completed in 30 days or less, 104 or 53% were completed in 31-120 days, 10 or 5% were completed in 121-180 days, and 41 or 21% were completed in 181 days or more.

1.4) Types of Information requested

The subject matter of requests generally correlated with major national and international events affecting Canadians, such as:

  • National security and intelligence issues, particularly with regard to events in Syria and ISIL terrorism, as well as the shooting at the National War Memorial in October 2014;
  • following the October 2015 general election, briefing materials for the Prime Minister and PCO Ministers regarding the transition to a new government;
  • possible reforms to democratic institutions, including the electoral system;
  • questions regarding Senate residency; and
  • lists of briefing notes to the Prime Minister and the Clerk of the Privy Council for various time periods.

Part 2: Requests closed during the reporting period

2.1) Disposition and completion time

In 2015-2016, PCO completed 620 requests, 11% more than were received. As shown in the chart below, the breakdown of the disposition of records is as follows:

  • 21 (3%) were all disclosed;
  • 403 (65%) were disclosed in part;
  • 129 (21%) where no records exist;
  • 32 (5%) were abandoned;
  • 18 (3%) were all exempted; and
  • 17 (3%) were all excluded.

Figure 4 - Disposition of Requests Completed
Text version

As these figures indicate, 424 or 68% of all requests were fully or partially disclosed, up from 63% in 2014-2015. The total of requests where no records were disclosed (either exempted or excluded) remained approximately 5%.

In terms of completion times, 259 or 42% of requests sent to PCO were completed within 30 days, up by 3% from 2014-2015. The second-largest volume of requests remained those completed in 61 to 120 days - 172 or 28%. Nine requests or 1.5% were completed in more than 365 days, down from 3% in 2014-2015. The complex, sensitive and multi-jurisdictional nature of PCO records is a factor in the time required to complete requests.

2.2) Exemptions

While the ATIApromotes disclosure, there are instances where information qualifies for necessary protection under the ATIA.

Totals for the 6 most commonly used exemptions were, in order:

  • 316 under s. 19(1) - personal information;
  • 290 under s. 21(1)(b) - consultations or deliberations related to operations of government;
  • 170 under s. 15(1) - information related to international affairs and defence of Canada;
  • 154 under s. 21(1)(a) - advice or recommendations developed by or for a government institution or minister;
  • 124 under s. 23 - information subject to solicitor-client privilege; and
  • 123 under s. 14- information related to federal-provincial affairs.

The use of these exemptions is consistent with the role of PCO and the content of the records it controls, both of which involve confidential consultations, deliberations and advice provided to Government on issues of national and international scope. Nonetheless, excluding requests transferred, abandoned, for which no records existed, 92% of requesters received records from PCO, in whole or in part, in response to their requests.

Appendix C contains a description of the total exemptions invoked during the 2015-2016 reporting period, as well as those that were not invoked.

2.3) Exclusions

The ATIAdoes not apply to certain information described by s. 68 of the ATIA (published material) or to confidences of the Queen’s Privy Council pursuant to s. 69. Overall in 2015-2016, s. 68 was cited on 16 occasions, and s. 69 was cited on 278 occasions.

A graphic of the relative use of exclusions in 2015-2016 is shown below. The central use of exclusion under s. 69(1)(e), for records used to brief ministers of the Crown, reflects the role of PCO in providing advice and information to the Prime Minister and to Cabinet and its decision-making structures.

Figure 5 - Exclusions Cited
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Appendix C contains a description of the total exclusions cited during the 2015-2016 reporting period, as well as those that were not cited.

2.4) Format of information released

In March 2015, PCO began providing electronic release packages for interested requesters or for those with responses over 125 pages. Of the requests for which records existed and were disclosed in whole or in part, a total of 135 requests were released in electronic form on CD while 289 requests were released on paper. Requesters have the option of receiving the response by mail or by picking it up in person. Nearly all replies were sent to the requester by mail.

2.5) Complexity

2.5.1) Relevant pages processed and disclosed

A total of 106,358 pages were processed by PCO in 2015-2016, an increase of almost 30,000 pages from 2014-2015. For ATI requests which were “all disclosed” or “disclosed in part”, 97,157 pages were processed and 73,449 pages were disclosed. This equates to 69% of these pages having been released, in whole or in part. The pages processed for requests entirely withheld or abandoned amounted to under 9% of the total pages processed in 2015-2016, a decrease of 8% from the previous fiscal year.

2.5.2) Relevant Pages processed and disclosed by size of request

Where records were disclosed in whole or in part, 81% of requests, or 343 out of 424, required the processing of less than 100 pages. A total of 55 requests involved the processing of 101-500 pages, and between 501-1000 pages were processed for 6 requests. Requests of between 1001-5000 pages in size, which require significant time and resources to process, totalled 18 and saw close to 40,000 pages disclosed. These requests alone represent over half of the total pages disclosed this fiscal year. The number of requests in this page range more than doubled from 8 in 2014-2015, with more than 6 times the number of pages processed. In addition, 2 requests, each greater than 5000 pages, were processed; totalling almost 12,000 pages disclosed.

Note that the number of pages processed is not an accurate gauge of the time required to process an access file. A request of many pages may involve basic records that require relatively little time to review, while small requests of a few pages could contain a complex amalgam of high-level content from several departments, requiring in-depth analysis and consultation.

2.5.3) Other complexities

Consultations were undertaken for 160 (26%) of the 620 requests completed in 2015-2016. A total of 4 requests required the assessment of fees before the decision was taken to waive search fees. Note that, as a single request may accrue more than one complexity, the totals in row six of section 2.5.3 of the Statistical Report will not necessarily be equal to the totals in section 2.1.

2.6) Deemed refusals

In 2015-2016, 13 access to information requests were completed past the deadline, or in “deemed refusal”. As shown at section 2.6.1 of the Statistical Report, 2 requests were postponed due to internal consultations. Seven requests were affected by the level of workload, and 2 requests were delayed by external consultations. The number of days past the deadline for each request is shown at section 2.6.2 of the Statistical Report.

2.7) Requests for translation

The ATIA states at s. 12(2) that “where access to a record or a part thereof is to be given under this Act and the person…requests that access be given in a particular official language, a copy of the record or part thereof shall be given to the person in that language”, (a) if the record already exists in that language, or (b) if the head of the government institution considers its translation in the public interest. There were no translations requested during the reporting period.

Part 3: Extensions

3.1) Reasons for extensions and disposition of requests

Subsection 9(1) of the ATIA sets out circumstances under which the initial 30-day time limit for response may be extended. Extensions may be taken for the following reasons:

  • if the request is for a large number of records or requires a search through a large number of records, and meeting the original time limit would unreasonably interfere with the operations of the institution;
  • if consultation is necessary with other government institutions, other governments or informally with third parties, and it cannot be completed within 30 days; or
  • if notice is to be given to a third party (pursuant to s. 27(1)) of the pending release of information or trade secrets of that third party.

During 2015-2016, PCO took 256 extensions under s. 9(1)(a) for interference with operations due to the volume of records, versus 307 the previous year. Third party notification required 21 extensions under
s. 9(1)(c), down from 31.

Consultations were a significant driver of extensions during the reporting year. A total of 70 extensions for consultations on Confidences of the Queen’s Privy Council and 99 extensions for other types of consultations (169 extensions combined) were taken under s. 9(1)(b). Extensions for consultations were up from the 121 extensions taken in 2014-2015.

Consultations remain inherent to processing the often complex, interdepartmental records under the control of PCO. When PCO sends a consultation request to another federal institution, it first contacts the department to obtain an estimated response time. For consultations with institutions with large workloads, PCO verifies whether a previously recommended consultation period is still accurate. These efforts provide requesters with a more accurate estimate of when they will receive a response. Contacting the institution being consulted to mutually determine how long the consultation will take is considered a best practice by the OIC.

Note that the extensions above were taken for all dispositions, not solely for records fully disclosed or disclosed in part.

3.2) Length of extensions

During the 2015-2016 reporting period, 23% (101) of the total 446 extensions taken were for 30 days or less, up from 18% of total extensions in 2014-2015. Of the 6 timeframes shown at section 3.2 of the Statistical Report, 61 to 120 days was the most common extension, accounting for 53% of all extensions in 2014-2015. Extensions of 121 days and above is slightly less than the previous fiscal year, falling less than one percentage point to approximately 8% of total extensions. These statistics can be considered representative of PCO's consultative requirements and the department’s heavy workload. PCO remains committed to the responsible use of extensions under the ATIA, consistent with operational demands.

Part 4: Fees

The fees collected during the reporting period totalled $3,755 down from $6,442 in 2014-2015. PCO collected $3,025 in application fees on 559 requests, in comparison to $3,392 collected the previous year. In 2015-2016, PCO waived fees totalling $5,659 for 22 requests, principally for search fees and production costs. In December 2015, PCO took an administrative decision to cease charging any fees above the $5 application fee per request. As a result, total fees received in 2015-2016 declined 40% this year and are expected to be reduced further in future years.

Part 5: Consultations received from other institutions and organizations

5.1) Consultations received from other government institutions and organizations

PCO received 438 consultations from other government institutions and organizations during the reporting year, an increase of 15%, as shown below.

Figure 6 - Volume of access consultations by year
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In parallel with the increase in total consultations received, the number of pages received for review increased by 18%, to approximately 15,244 pages. Some institutions which sought the views of PCO included the Department of National Defence, the Department of Foreign Affairs (Global Affairs Canada), Trade and Development Canada, the Canadian Security Intelligence Service, Treasury Board Secretariat, the Department of Finance, the Royal Canadian Mounted Police, Natural Resources Canada, and Public Safety Canada.

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

A total of 450 consultation requests from other government institutions were completed by PCO during 2015-2016.

Over the last 10 years, the volume of consultations sent to PCO has remained high. Consultations account for a significant portion of the workload and make demands on both PCO ATIP resources and on the PCO records authorities who provide consultative guidance. Nonetheless, in 2015-2016, the Department responded to 72% of consultations (325) from other government institutions in 30 days or less. Thirty-two percent of consultations (146) were responded to in 15 days or less. PCO recognizes that a prompt rate of response to consulting institutions contributes to more timely service to the public at the broader government level. The majority of recommendations given by PCO in response to these consultations were to disclose the records, either in full or in part. Very few consultations were recommended to be entirely withheld.

The total files relative to response times are shown in the chart below.

Figure 7 - Completion time for consultations from government institutions
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5.3) Recommendations and completion time for consultations received from other organizations

A total of 7 consultation requests from other organizations were completed by PCO during 2015-2016. Three consultations were responded to within 30 days, and the remainder were responded to in over 181 days.

Part 6: Completion time of consultations on Cabinet confidences

6.1) Requests with Legal Services

Note that in regard to ATIP, PCO consults only with PCO Cabinet Confidences Counsel (CCC). Therefore, no data appears in the table entitled “Completion Time of Consultations on Cabinet Confidences under the ATIA - Requests with Legal Services.”

6.2) Requests with Privy Council Office

In accordance with Treasury Board guidelines in force in 2015-2016, PCO ATIP consulted with PCO CCC for the review and certification of Cabinet confidences contained in government records. PCO ATIP sent 94 consultations to PCO CCC in the reporting period, down from 126 in 2014-2015.

Part 7: Complaints and investigations

7.1) Complaints

In 2015-2016, 48 of 559 requests received by PCO were subject to complaints submitted to the OIC. The total is the second-lowest volume of complaints in the last seven years, and a drop of more than 70% in complaints compared to 2009-2010. Similarly, complaints from the media, the historically largest requester of PCO records, have been reduced by 89% over the same seven-year span, from 119 to 13.  This was achieved despite a 30% increase in the volume of requests over that time period (429 requests in 2009-2010 vs. 559 requests in 2015-2016). 

In the 2015-2016 reporting period, complaints related to a range of issues, including the exemptions invoked or exclusions cited on records, and extensions taken to complete consultations and meet PCO operational requirements.

The breakdown of complaints by source received in 2015-2016 is as follows:

  • 13 or 27% - Media;
  • 13 or 27% - Lawyer;
  • 11 or 23% - Public;
  • 9 or 19%- Academia;
  • 1 or 2% - Parliament (members of the House of Commons or Senate); and
  • 1 or 2% - Other Government Institutions.

Figure 8 - Complaints by Source
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The breakdown of complaints closed in 2015-2016 is as follows:

Figure 9 - Complaints Closed
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PCO closed 28 complaints in 2015-2016. Only 32% of the complaints lodged against PCO were well founded. PCO continues to optimize its work processes by developing expertise and staff appropriately.  PCO has spent a considerable amount of time training employees and ensuring they have the proper tools to deal with complaints and investigations from the OIC. PCO also works in close cooperation with the OIC to ensure expectations are met and to ensure that PCO ATIP Analysts and OPIs have a clear understanding of the complaint process.

7.2) Investigations

PCO fully cooperates in any investigations undertaken in relation it. Two investigations concluded at the start of 2015-2016 and were initially reported in PCO’s 2014-2015 Annual Report. One, a systemic review into interference in access to information, was concluded by the Information Commissioner when the President of the Treasury Board was informed on April 9, 2015 that the complaints against the 8 institutions which had been the subject of the investigation had been discontinued. The other, an investigation related to PCO's information management practices, was closed “not well founded” for PCO on April 24, 2015.

Part 8: Court action

In 2015-2016, one court action involving PCO was initiated by the OIC pursuant to section 42 of the ATIA. 

Part 9: Resources related to the Access to Information Act

9.1) Costs

Salary costs associated with administration of the ATIA were $1,119,075 for 2015-2016, down from $1,750,871 in 2014-2015. Overtime costs totalled $52,445, up from $45,590. Goods and services amounted to $351,301, down from $424,707. The sum of professional services contracts amounted to $300,318 and other services amounted to $50,983. Total costs were $1,522,821, down from $2,221,168 in 2014-2015. These costs do not include the resources expended by policy areas of PCO to meet the requirements of the ATIA.

9.2) Human Resources

It remains a challenge to attract and retain ATIP personnel, given the shortage of qualified analysts across the federal government. Currently, PCO uses various staffing methods to fill vacancies, including working with other departments to staff from pools of qualified candidates as well as running our own staffing processes. PCO offers a very supportive work environment and growth opportunities for staff in an effort to retain qualified ATIP personnel. PCO human resources capacity for the 2015-2016 reporting period was 19.96 full-time equivalent employees as shown in the chart below. This is a decrease in resources over the 22.19 FTEs of the previous year, and reflects the tight labour market and employment opportunities available to ATIP professionals across government.

Figure 10 - Human resources (FTEs)
Text version

Note that the 2011-2012 Statistical Report on the ATIA did not permit the reporting of person-year utilization in fractions.

Appendix A: Delegation orders

Access to Information Act

The Prime Minister, as head of the Privy Council Office and pursuant to section 73 of the Access to Information Acta, hereby designates the officers or employees holding the positions set out in the schedule hereto, and any persons acting in those positions, to exercise or perform the powers, duties and functions of the Prime Minister as the head of a government institution under the sections of the Act and the regulations opposite each position in the schedule.

This delegation order supercedes all previous delegation orders.

Prime Minister
Justin Trudeau

December 23, 2015

a R.S. 1985, c. A-1

Schedule

Position Sections of the Access to Information Acta Sections of the Access to Information Regulationsb
1. Clerk of the Privy Council and Secretary to the Cabinet. Full delegation. Full delegation.
2. Any senior management position within the Privy Council Office that reports directly to the position set out in paragraph 1 above. Full delegation. Full delegation.
3. All Assistant Secretaries and Assistant Deputy Ministers within the Privy Council Office. Full delegation. Full delegation.
4. Any management position that is responsible for a unit within the Privy Council Office and that reports directly to a position covered by paragraph 2 above other than the Assistant Deputy Minister of Corporate Services Branch. Full delegation. Full delegation.
5. Coordinator of Access to Information within the Privy Council Office. 7; 8(1); 9; 10; 11(2); 11(3); 11(4); 11(5); 11(6); 12(2)(b); 12(3)(b); 13; 19; 20; 27(1); 27(4); 28(1)(b); 28(2); 28(4); 29(1); 33; 37(4); 43(1); 44(2). 6(1);8.

a R.S. 1985, c. A-1
b SOR/83-507

Access to Information Act

The Prime Minister, as head of the Privy Council Office and pursuant to section 73 of the Access to Information Acta, hereby designates the officers or employees holding the positions set out in the schedule hereto, and any persons acting in those positions, to exercise or perform the powers, duties and functions of the Prime Minister as the head of a government institution under the sections of the Act and the regulations opposite each position in the schedule.

This delegation order supercedes all previous delegation orders.

Prime Minister
Stephen Harper

June 13, 2008

a R.S. 1985, c. A-1

Schedule

Position Sections of the Access to Information Acta Sections of the Access to Information Regulationsb
1. Clerk of the Privy Council and Secretary to the Cabinet. Full delegation. Full delegation.
2. Any senior management position within the Privy Council Office that reports directly to the position set out in paragraph 1 above. Full delegation. Full delegation.
3. All Assistant Secretaries and Assistant Deputy Ministers within the Privy Council Office. Full delegation. Full delegation.
4. Any management position that is responsible for a unit within the Privy Council Office and that reports directly to a position covered by paragraph 2 above other than the Assistant Deputy Minister of Corporate Services Branch. Full delegation. Full delegation.
5. Coordinator of Access to Information within the Privy Council Office. 7; 8(1); 9; 10; 11(2); 11(3); 11(4); 11(5); 11(6); 12(2)(b); 12(3)(b); 13; 19; 20; 27(1); 27(4); 28(1)(b); 28(2); 28(4); 29(1); 33; 37(4); 43(1); 44(2). 6(1);8.

a R.S. 1985, c. A-1
b SOR/83-507

Appendix B: 2015-2016 Statistical Report on the Access to Information Act

Reporting period: 2015-04-01 to 2016-03-31

Part 1 - Requests under the Access to Information Act

1.1 Number of Requests
  Number of Requests
Received during reporting period 559
Outstanding from previous reporting period 250
Total 809
Closed during reporting period 620
Carried over to next reporting period 189

1.2 Sources of requests
Source Number of Requests
Media 330
Academia 46
Business (Private Sector) 15
Organization 31
Public 137
Decline to Identify 0
Total 559

1.3 Informal requests
Completion Time
1-15 Days 16-30 Days 31-60 Days 61-120 Days 121-180 Days 181-365 Days More Than 365 Days Total
10 24 63 41 18 34 7 197

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

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 7 10 1 0 0 0 21
Disclosed in part 13 90 89 140 53 10 8 403
All exempted 1 5 1 8 2 1 0 18
All excluded 1 4 2 8 2 0 0 17
No records exist 14 105 5 4 1 0 0 129
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 9 10 1 8 2 1 1 32
Neither confirmed or denied 0 0 0 0 0 0 0 0
Total 38 221 108 172 60 12 9 620

2.2 Exemptions
Section Number of requests
  1. I.A.: International Affairs
  2. Def.: Defence of Canada
  3. S.A.: Subversive Activities
13(1)(a) 4
13(1)(b) 0
13(1)(c) 3
13(1)(d) 0
13(1)(e) 0
14 123
14(a) 3
14(b) 3
15(1) 170
15(1) - I.A.1 0
15(1) - Def.2 0
15(1) - S.A.3 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 1
16(1)(c) 10
16(1)(d) 0
16(2) 108
16(2)(a) 0
16(2)(b) 0
16(2)(c) 1
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 1
16.1(1)(c) 1
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 1
18(a) 1
18(b) 6
18(c) 2
18(d) 8
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 316
20(1)(a) 1
20(1)(b) 20
20(1)(b.1) 0
20(1)(c) 48
20(1)(d) 5
20.1 0
20.2 0
20.4 0
21(1)(a) 154
21(1)(b) 290
21(1)(c) 19
21(1)(d) 26
22 7
22.1(1) 0
23 124
24(1) 16
26 1

2.3 Exclusions
Section Number of requests
68(a) 16
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 2
69(1)(a) 18
69(1)(b) 1
69(1)(c) 16
69(1)(d) 11
69(1)(e) 56
69(1)(f) 0
69(1)(g) re (a) 45
69(1)(g) re (b) 0
69(1)(g) re (c) 46
69(1)(g) re (d) 35
69(1)(g) re (e) 36
69(1)(g) re (f) 12
69.1(1) 0

2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 13 8 0
Disclosed in part 276 127 0
Total 289 135 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 18,982 17,812 21
Disclosed in part 78,175 55,637 403
All exempted 467 0 18
All excluded 924 0 17
Request abandoned 7,810 4,386 32
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 14 336 1 167 0 0 5 11,297 1 6,012
Disclosed in part 329 6,764 54 10,637 6 4,180 13 28,155 1 5,901
All exempted 18 0 0 0 0 0 0 0 0 0
All excluded 17 0 0 0 0 0 0 0 0 0
Request abandoned 26 231 4 1,004 0 0 2 3,151 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 404 7,331 59 11,808 6 4,180 20 42,603 2 11,913

2.5.3 Other complexities
Disposition Consultation required Assessment of fees Legal advice sought Other Total
All disclosed 5 0 0 0 5
Disclosed in part 144 4 0 0 148
All exempted 5 0 0 0 5
All excluded 1 0 0 0 1
Request abandoned 5 0 0 0 5
Neither confirmd nor denied 0 0 0 0 0
Total 160 4 0 0 164

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
13 7 2 2 2

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 2 2 4
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 1 0 1
121 to 180 days 0 0 0
181 to 365 days 0 2 2
More than 365 days 0 6 6
Total 3 10 13

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 11 0 4 0
Disclosed in part 215 60 76 21
All exempted 5 2 5 0
All excluded 5 8 4 0
No records exist 9 0 3 0
Request abandoned 11 0 7 0
Total 256 70 99 21

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 91 0 9 1
31 to 60 days 38 7 22 5
61 to 120 days 117 55 56 7
121 to 180 days 5 7 10 6
181 to 365 days 5 1 1 1
365 days or more 0 0 1 1
Total 256 70 99 21

Part 4 - Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of requests Amount Number of requests Amount
Application 605 $3,025 14 $70
Search 12 $701 7 $5,469
Production 1 $29 1 $120
Programming 0 $0 0 $0
Preparation 0 $0 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 0 $0
Total 618 $3,755 22 $5,659

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 434 15,187 4 57
Outstanding from the previous reporting period 56 6,351 4 1,250
Total 490 21,538 8 1,307
Closed during the reporting period 450 17,905 7 1,287
Pending at the end of the reporting period 40 3,633 1 20

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 120 days 121 to 180 days 181 to 365 days More than 365 days Total
Disclose entirely 63 30 14 2 1 1 0 111
Disclose in part 69 140 59 9 5 3 4 289
Exempt entirely 0 3 6 0 0 0 0 9
Exclude entirely 2 2 0 0 0 0 0 4
Consult other institution 7 1 3 3 0 0 0 14
Other 5 3 3 2 0 2 8 23
Total 146 179 85 16 6 6 12 450

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 1 1 0 0 0 0 0 2
Disclose in part 0 0 0 0 0 2 2 4
Exempt entirely 0 1 0 0 0 0 0 1
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 1 2 0 0 0 2 2 7

Part 6 - Completion time of consultations on Cabinet confidences

6.1 Requests with Legal Services
Number of Days 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
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 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
1 to 15 39 1,263 17 3,648 2 1,398 4 8,244 0 0
16 to 30 17 826 4 1,095 1 589 1 1,067 0 0
31 to 60 2 42 4 1,256 2 1,111 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 1 586 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 58 2,131 25 5,999 6 3,684 5 9,311 0 0

Part 7 - Complaints and Investigations

Section 32 Section 35 Section 37 Total
48 2 0 50

Part 8 - Court Action

Section 41 Section 42 Section 44 Total
0 1 0 1

Part 9 - Resources related to the Access to Information Act

9.1 Costs
Expenditures Amount
Salaries $1,119,075
Overtime $52,445
Goods and Services $351,301
• Professional services contracts $300,318  
• Other $50,983  
Total $1,522,821

9.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 14.76
Part-time and casual employees 2.33
Regional staff 0.00
Consultants and agency personnel 1.53
Students 1.34
Total 19.96

Note: Enter values to two decimal places.

Appendix C: Exemptions and exclusions

Exemptions invoked

The total numbers of requests for which specific exemptions were invoked during the 2015-2016 reporting period are as follows:

  • 4 under s. 13(1)(a) - information obtained in confidence from the government of a foreign state or institution
  • 3 under s. 13(1)(c) - information obtained in confidence from the government of a province or institution
  • 123 under s. 14 - information related to federal-provincial affairs
  • 3 under s. 14(a) - information expected to be injurious to the government’s federal-provincial affairs, specifically, federal-provincial consultations or deliberations
  • 3 under s. 14(b) - information expected to be injurious to the government’s federal-provincial affairs, specifically, strategies or tactics adopted or to be adopted by the government relating to the conduct of federal-provincial affairs
  • 170 under s. 15(1) - information related to international affairs
  • 1 under s. 16(1)(b) - information relating to investigative techniques or plans for specific lawful investigations
  • 10 under s. 16(1)(c) - information related to law enforcement and investigations, including civil investigations and administrative investigations
  • 108 under s. 16(2) - information related to security methods
  • 1 under s. 16(2)(c) - information which could facilitate the commission of a crime such as the vulnerability or methods employed to protect particular buildings, structures, or systems
  • 1 under s. 16.1(1)(b) - records related to investigations by the Commissioner of Official Languages for Canada
  • 1 under s. 16.1(1)(c) - records related to investigations by the Information Commissioner
  • 1 under s. 17 - safety of individuals, including the identity of police informants and the victims of violence or acts of threats or intimidation
  • 1 under s. 18(a) - trade secrets or financial, commercial, scientific or technical information that belongs to the Government of Canada
  • 6 under s. 18(b) - information which could prejudice the competitive position of a government institution
  • 2 under s. 18(c) - scientific or technical information obtained through research by an officer or employee of a government institution
  • 8 under s. 18(d) - information materially injurious to the financial interests of a government institution or to the economic interests of Canada
  • 316 under s. 19(1) - personal information
  • 1 under s. 20(1)(a) - trade secrets of a third party
  • 20 under s. 20(1)(b) - financial, commercial, scientific or technical information supplied to a government institution in confidence by a third party
  • 48 under s. 20(1)(c) - information that could result in material financial loss or gain to a third party
  • 5 under s. 20(1)(d) - information which could interfere with the negotiations of a third party
  • 154 under s. 21(1)(a) - advice or recommendations developed by or for a government institution or minister
  • 290 under s. 21(1)(b) - consultations or deliberations related to operations of government
  • 19 under s. 21(1)(c) - positions or plans developed for negotiations by the Government of Canada
  • 26 under s. 21(1)(d) - plans for the management of a government institution that have not yet been put into operation
  • 7 under s. 22 - information relating to testing or auditing procedures or techniques
  • 124 under s. 23 - information subject to solicitor-client privilege
  • 16 under s. 24(1) - information restricted by or pursuant to any provision set out in Schedule II of the ATIA
  • 1 under s. 26 - records which will be published by a government institution within ninety days after the request is made

Exemptions not invoked

The following exemptions were not invoked by PCO during the 2015-2016 reporting period:

  • s. 13(1)(b) - information obtained in confidence from an international organization of states or an institution
  • s. 13(1)(d) - information obtained in confidence from a municipal or regional government
  • s. 13(1)(e) - information obtained in confidence from an aboriginal government
  • s. 15(1) Def. - information related to the defence of Canada
  • s. 15(1) S.A. - information which could compromise the prevention of subversive activities
  • s. 16(1)(a)(i) - government records related to the detection, prevention or suppression of crime
  • s. 16(1)(a)(ii) - government records related to the enforcement of any law of Canada or a province
  • s. 16(1)(a)(iii) - government records related to activities suspected of constituting threats to the security of Canada
  • s. 16(1)(d) - information the disclosure of which could compromise the security of penal institutions
  • s. 16(2)(a) - information which could facilitate the commission of a crime such as crime methods or techniques
  • s. 16(2)(b) - information which could facilitate the commission of a crime such as technical information relating to weapons or potential weapons
  • s. 16(3) - policing services of the RCMP for the provinces and the municipalities
  • s. 16.1(1)(a) - records related to investigations by the Auditor General of Canada
  • s. 16.1(1)(d) - records related to investigations by the Privacy Commissioner
  • s. 16.2(1) - records related to investigations by the Commissioner of Lobbying
  • s. 16.3 - records related to investigations under the Canada Elections Act
  • s. 16.4(1)(a) - records related to investigations under the Public Servants Disclosure Protection Act for the Public Sector Integrity Commissioner
  • s. 16.4(1)(b) - records from a conciliator related to investigations under the Public Servants Disclosure Protection Act for the Public Sector Integrity Commissioner
  • s. 16.5 - records related to a disclosure under the Public Servants Disclosure Protection Act
  • s. 18.1(1)(a) - records related to the economic interests of the Canada Post Corporation
  • s. 18.1(1)(b) - records related to the economic interests of Export Development Canada
  • s. 18.1(1)(c) - records related to the economic interests of the Public Sector Pension Investment Board
  • s. 18.1(1)(d) - records related to the economic interests of VIA Rail Canada Inc.
  • s. 20(1)(b.1) - third party information related to emergency management plans
  • s. 20.1 - third party investment information obtained by the Public Sector Pension Investment Board
  • s. 20.2 - third party investment information obtained by the Canada Pension Plan Investment Board
  • s. 20.4 - performance contracts with the National Arts Centre Corporation
  • s. 22.1(1) - draft internal audits less than 15 years old

Exclusions cited

The total numbers of requests for which specific exclusions were cited during the 2015-2016 reporting period are as follows:

  • 16 under s. 68(a) - published material
  • 2 under 69(1) - confidences of the Queen’s Privy Council for Canada
  • 18 under s. 69(1)(a) - memoranda to Cabinet
  • 1 under s. 69(1)(b) - discussion papers
  • 16 under s. 69(1)(c) - agenda and records of Cabinet deliberations
  • 11 under s. 69(1)(d) - records of communication between Ministers
  • 56 under s. 69(1)(e) - records used to brief ministers of the Crown
  • 45 under s. 69(1)(g) re (a) - records that contain information about records referred to in s. 69(1)(a)
  • 46 under s. 69(1)(g) re (c) - records that contain information about records referred to in s. 69(1)(c)
  • 35 under s. 69(1)(g) re (d) - records that contain information about records referred to in s. 69(1)(d)
  • 36 under s. 69(1)(g) re (e) - records that contain information about records referred to in s. 69(1)(e)
  • 12 under s. 69(1)(g) re (f) - records that contain information about records referred to in s. 69(1)(f)

Exclusions not cited

The following exclusions were not cited by PCO during the 2015-2016 reporting period:

  • s. 68(b) - museum or library material
  • s. 68(c) - material donated to Canadian museums or archives
  • s. 68.1 - journalistic, creative or programming records of the Canadian Broadcasting Corporation
  • s. 68.2(a) - administrative records of Atomic Energy of Canada Limited
  • s. 68.2(b) - operational records of Atomic Energy of Canada Limited
  • s. 69(1)(f) - draft legislation
  • s. 69(1)(g) re (b) - records that contain information about records referred to in s. 69(1)(b)
  • s. 69.1(1) - disclosure prohibited by a certificate under the Canada Evidence Act