Annual Report to Parliament 2010-2011

PART II - REPORT ON THE ACCESS TO INFORMATION ACT

REQUESTS UNDER THE ACCESS TO INFORMATION ACT

I. Statistical Report

The annual statistical report for fiscal year 2010-2011 is included at the end of this chapter.

II. Interpretation of the Statistical Report

  • 1. Informal Requests

    The policy of the ATIP Office is to process requests on an informal basis when records have already been released in response to previous Access to Information requests or where the documents could be released in their entirety.

    Twenty-nine (29) informal requests were received during the period under review. In addition to these, one (1) formal request was treated informally with the consent of the applicant, bringing the total number of informal requests processed to thirty (30).

  • 2. Formal Requests Processed

    Three hundred and thirty-four (334) requests were received during the period under review. In addition, forty-seven (47) requests were outstanding from previous years, for a total of three hundred and eighty-one (381).

  • 3. Sources of Requests Received

    The public was the largest group of requesters, followed by business and the media. The following table provides a comparison with the previous years:

      2010-20112009-20102008-2009
    Academia 0.6% 1.5% 1.7%
    Organizations 11.7% 6.2% 3.8%
    Media 21.9% 21.9% 38.1%
    Business 23.7% 22.2% 18%
    Public 42.2% 48.2% 38.4%
    Total 100% 100% 100%
    image 1
    Description
  • 4. Requests Completed

    Three hundred and twenty six (326) access requests were completed during the 2010-2011 fiscal year; fifty-five (55) requests were carried forward to be completed in fiscal year 2011-2012.
  • 5. Disposition of Requests Completed

      Number of RequestsPercentage
    All disclosed 49 15.0%
    Disclosed in part 133 40.8%
    Nothing disclosed (excluded/exempted) 16 4.9%
    Unable to process 79 24.2%
    Abandoned by applicant 34 10.4%
    Transferred 14 4.3%
    Treated informally 1 0.3%
    Total 326 100%
    image 1
    Description
    1. Unable to Process

      Seventy-nine (79) requests could not be processed as no relevant records existed under the control of the Department of Justice.

    2. Abandoned

      Thirty-four (34) requests were abandoned. In the majority of cases, the applicants did not pursue the requests, either by withdrawing them or by not providing the clarification requested. In a few of the cases, the applicants were unwilling to pay the required fees.

    3. Transferred

      Fourteen (14) requests were transferred to other government institutions having a greater interest in the subject matter of the request.

    4. Processed informally

      Furthermore, one (1) formal request was processed informally with the consent of the requester.
  • 6. Extensions

    One hundred and fifteen (115) requests had their time limit extended, as follows:
    Number of daysNumber of requests
    30 20
    31 or over 95
    Of the one hundred and fifteen (115) extended requests, thirty-five (35) included extensions under paragraph 9(1)(a) (large number of records or search through a large number of records), seventy-five (75) included extensions under paragraph 9(1)(b) (consultations with other institutions) and five (5) included extensions under paragraph 9(1)(c) (consultations with third parties).

    image 1
    Description
  • 7. Completion Time

    The time required to process the requests is summarized below:
      Number of RequestsPercentage
    30 days or under 238 73.01%
    31 to 60 days 21 6.44%
    61 to 120 days 18 5.52%
    121 days or over 49 15.03%
    Total 326 100%
    image 1
    Description
  • 8. Method of Access

    Access to the relevant documents was given, in whole or in part, in response to one hundred and eighty-two (182) requests. Copies were provided in all cases on either CD-ROM or in paper form.
  • 9. Fee Waivers

    The policy of the Department of Justice is to waive the reproduction fees under 200 sheets (double-sided = 400 pages), whether the request is processed formally or informally. However, when more than 200 sheets are released, fees are calculated for the total number of sheets. For extensive or complex requests, search and preparation fees are charged as determined on a case-by-case basis. The Department of Justice offers the applicants the possibility of receiving the release package on CD-ROM at no charge, an option which tends to be more widely accepted.

    During the reporting period, the Department of Justice waived a total of $2,899.60 in reproduction fees.

III. Consultations by Other Federal Institutions or Departments

One thousand two hundred and fifty-one (1251) consultation requests were received from other federal institutions during the fiscal year covered by this report. During this reporting period, Justice completed one thousand, one hundred and eighty-three (1183) consultations from other federal government institutions or departments.

Memoranda of Understanding were created to strengthen our commitment towards better service delivery with the institutions that consult the Department of Justice.

IV. Complaints and Investigations

The complaint findings are defined as follows:

  • Resolved: Well-founded complaints resolved by remedial action satisfactory to the Commissioner.

  • Not Resolved: Complaints well-founded but not resolved, and where the Commissioner sought consent from the requester to pursue the matters in Federal Court.

  • Not Substantiated: Complaints considered not being well-founded.

  • Discontinued: Complaints discontinued, on request from the complainant, prior to a final resolution of the case.

The following table summarizes the reasons for the complaints and the results of the investigations:

  10-11Closed during reporting periodOn-going
Reason for complaintReceivedDiscontinuedNot well foundedSettledWell founded  
Delay 0 0 0 0 0 1
Extension 4 0 4 2 0 1
Fees 2 0 0 0 0 2
Language 0 0 0 0 0 0
Miscellaneous 1 0 0 1 0 2
Publications 0 0 0 0 0 0
Refusal - 69 6 2 2 0 0 4
Refusal - Exemption 12 1 5 6 1 19
Refusal - General 1 0 0 1 0 6
Subtotal   3 11 10 1  
Total 26 25 35
  • 1. Complaints filed

    Twenty-six (26) complaints were lodged with the Information Commissioner during the reporting period.

  • 2. Completed Investigations

    Twenty-five (25) investigations were completed, including some of which had been carried forward from previous years. Out of the twenty-five (25), ten (10) complaints were resolved to the satisfaction of the Information Commissioner. One (1) was well-founded. Furthermore, eleven (11) complaints were not substantiated and three (3) were discontinued.

  • 3. On-going Investigations

    At the end of the fiscal year, thirty-five (35) complaints were still under investigation by the Office of the Information Commissioner.

  • 4. Review by the Federal Court of Canada

    Three (3) new applications were filed before the Federal Court pursuant to section 41 of the ATIA during this fiscal year.

    Three (3) other previously ongoing section 41 applications before the Court were discontinued by the applicant during this same period.

  • 5. Review by the Federal Court of Appeal

    An application to the Federal Court of Appeal was received during the previous fiscal year for which the appeal was dismissed this fiscal year.

ACCESS TO INFORMATION ACT

Statistical Report on the Access to Information Act

Institution: Department of Justice

Reporting Period: 2010-04-01 to 2011-03-31

Source:
Media 73
Academia 2
Business 79
Organization 39
Public 141

Part I: Requests under the Access to Information Act

Received during reporting period 334
Outstanding from previous period 47
TOTAL 381
Completed during reporting period 326
Carried forward 55

Part II: Disposition of Requests Completed

All disclosed 49
Disclosed in part 133
Nothing disclosed (excluded) 9
Nothing disclosed (exempt) 7
Transferred 14
Unable to process 79
Abandoned by applicant 34
Treated informally 1
TOTAL 326

Part III: Exemptions Invoked

S. 13(1)(a) 11
(b) 1
(c) 5
(d) 0
S. 14 21
S. 15(1) International relations 3
Defence 33
Subversive activities 0
S. 16(1)(a) 4
(b) 2
(c) 10
(d) 0
S. 16(2) 5
S. 16(3) 0
S. 17 4
S. 18(a) 0
(b) 2
(c) 0
(d) 1
S. 19(1) 109
S. 20(1)(a) 1
(b) 6
(c) 9
(d) 1
S. 21(1)(a) 59
(b) 53
(c) 9
(d) 5
S. 22 5
S. 23 94
S. 24 2
S. 26 4

Part IV: Exclusions Cited

S. 68(a) 9
(b) 0
(c) 0
S. 69(1)(a) 11
(b) 1
(c) 1
(d) 3
(e) 18
(f) 4
(g) 32

Part V: Completion Time

30 days or under 238
31 to 60 days 21
61 to 120 days 18
121 days or over 49

Part VI: Extensions

  30 Days or Under31 Days or Over
Searching 4 31
Consultation 16 59
Third party 0 5
TOTAL 20 95

Part VII: Translations

Translations requested 0
Translations prepared English to French 0
French to English 0

Part VIII: Method of Access

Copies given 182
Examination 0
Copies and examination 0

Part IX : Fees

Net Fees Collected
Application fees $1,630.00
Reproduction $2,440.60
Searching $2,108.00
Preparation 0
Computer processing 0
TOTAL $6,187.00
Fees Waived No. of Times $
$ 25.00 or under 123 $757.40
Over $ 25.00 20 $2,142.20$

Part X: Costs

Financial (All Reasons)
Salary $1,482,815.22
Administration (O and M) $81,476.37
TOTAL $1,564,292.60
Person Year Utilization (All Reasons)
Person year (decimal format) 22
Date modified: