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Proactive Disclosure
CIDA's Annual Report on Access to Information 2008-2009
1. Introduction/Mandate
2. Organization Structure
3. Delegation of Authority
4. Statistics
5. Statistical Report Summary
6. Training
7. Overview of New and/or Updated Policies/Procedures (ATIP)
8. Complaint Summary
9. Federal Court Case Summaries
1. Introduction/Mandate
Pursuant to Section 72 of the Access to Information Act, the Canadian International Development Agency (CIDA) hereby submits to Parliament this report for the period from April 1, 2008 to March 31, 2009.
The report includes a summary of the Statistical Report, an overview of the organization structure of the Access to Information and Privacy Unit (ATIP) and the institutional policies that govern it, a description of Access to Information training activities, baseline data on complaints and investigations pertaining to CIDA, and a brief description of the delegation of authority (see annex).
CIDA is the principal government agency responsible for development and humanitarian policies and programs. CIDA's mandate is to reduce poverty, to promote human rights, and to support sustainable development in a manner consistent with Canadian foreign policy.
Canada's development assistance program promotes Canadian values: compassion for the less fortunate, democracy, freedom, human rights, and the rule of law. It also promotes the interests of Canadians contributing to Canada's voice on the world stage, building long-term relationships with emerging economies, and supporting global peace and security. CIDA works together with development partners, fragile governments and countries in crisis, countries and selected regions, institutions, and the Canadian public.
2. Organization Structure
The ATIP Unit is comprised of ten (10) positions: 1 coordinator, 3 senior analysts, 4 analysts, 1 junior analyst and 1 clerk. However, departures of some staff members caused a staff shortage in the previous fiscal year (2007/08). This shortage continued into the current fiscal year (2008/09). This prevented the unit from responding to requests on time and completing the backlog (50 percent of the backlog has been completed) from the previous fiscal years.
To mitigate the staff shortage during the previous fiscal year (2007/08), the ATIP Unit recruited employees through transfers and competitions. The positions of Senior Privacy Advisor, Senior Operations Advisor, and an analyst position were filled via transfers in the fall of 2008.
The ATIP Coordinator reports to the Corporate Secretary General and is responsible for supervising the work and quality of documents released by CIDA.
The ATIP team processes access to information requests, complaints, and unofficial requests from CIDA concerning the application of confidentiality policies. Since staffing has been brought up to strength, the team has concentrated on awareness, training, and a review of CIDA procedures for tasking and case management. The ATIP Unit has begun a pilot initiative aimed at improving the performance of offices of primary interest in fulfilling access to information requests in an appropriate and timely manner within the time frames established by the Act. This pilot initiative involves encouraging branches to identify a liaison officer who will be responsible for sending requests to offices of primary interest (OPI), providing diligent follow-up with key stakeholders, coordinating their recommendations and forwarding them to the ATIP Unit by the deadline. This pilot initiative has proved successful with participating branches, specifically the on-time performance of the Afghanistan Task Force, Canadian Partnership Branch, Sectors and Global Partnerships Branch, and Information Management and Technology Branch. In the next fiscal year (2009/10) we will work towards expanding this initiative throughout CIDA.
The Unit also drafted new procedural guidelines for CIDA to strengthen efficiency and effectiveness in processing access to information requests. This new mechanism will be operational in the next fiscal year.
3. Delegation of Authority
The President, Vice-President (Corporate Affairs), Corporate Secretary, and Coordinator have full authority. The position of Vice-President (Corporate Affairs) no longer exists at CIDA. A review of the delegation instruments is currently being approved to update them to present operational requirements. (See Annex B).
4. Statistics
(See Annex A).
5. Statistical Report Summary
i) Processing requests made pursuant to the Access to Information Act
During the period from April 1, 2008 to March 31, 2009, CIDA received 150 requests pursuant to the Access to Information Act, in addition to 102 requests brought forward from the previous fiscal year (2007/08), for a total of 252 requests to process during the reporting fiscal year. This is a decrease of 11 per cent compared with the previous year (2007/8).
During the reporting fiscal year, 168 requests were processed, and 84 were brought forward to fiscal year 2009/10. Note that, for the 168 requests processed, the processing time was at least 30 days for 80 requests, 31 to 60 days for 20 requests, 61 to 120 days for 21 requests and, finally, over 121 days for 47 requests. The ATIP unit also conducted 86 interdepartmental consultations a decrease of 17 per cent compared with the previous year (2007/08). Moreover, it is important to note the increase in pages to be reviewed during the fiscal years 2008/09; from 17,161 pages the previous year (2007/08) to 36,199 pages for this reporting period. In 2008/09, 63.7 per cent of requests were processed within the legislated time frame, a significant decline in performance compared with the previous year (2007/08). This observation was made when the 2007/08 annual reports was submitted. Table 1 below offers a four-year comparison between the current and previous fiscal year.
| 2005-2006 | 2006-2007 | 2007-2008 | 2008-2009 | |
|---|---|---|---|---|
| Requests processed during the targeted period | 121 | 128 | 179 | 168 |
| Requests processed within the legislated time frame | 94 | 112 | 134 | 107 |
| Percentage of requests processed within the legislated time frame | 0.777 | 0.875 | 0.749 | 0.636 |
The decline in requests processed within the legislated time frame in 2008/09 is explained by a high turnover of staff, an increase in the volume of records (36,199 pages compared to 17,161 the previous year) and delays in interdepartmental consultations.
Unfortunately the backlog problem still persists. However, it is important to note that we have been able to finalize over 50 per cent of the backlog during the reporting fiscal year (2008/09). Of the 84 requests carried over into fiscal year 2009/10, 48 requests were received during the 2005/06 crisis and in 2006/07. We expect the ATIP Unit to improve its overall performance in 2009/10 after a number of its procedures are reviewed and the delivery of information sessions becomes mandatory at CIDA.
Regarding the nature of the requests pursuant to the Access to Information Act, most pertain to development programs, including project reports and audits, contracts, requests for proposals, and information on sectors and countries.
ii) Source of requests
The table below details the requester categories and the corresponding number of requests submitted in 2008/09:
| Organizations | 16 |
| Media | 35 |
| Public | 52 |
| Business sector | 42 |
| Academic sector | 5 |
iii) Exemptions Invoked
With regard to requests processed during the reporting fiscal year, most of the exemptions invoked (73 cases) came under subsection 19 (1) pertaining to privacy. Section 20, pertaining to technical and financial information and third parties, was invoked 42 times. Section 21 (advice and recommendation) was invoked in 22 cases. Subsection 15(1), pertaining to conducting international affairs and/or defence of Canada, was invoked in 17 cases. All other exemptions were invoked fewer than eight times.
6. Training
Due to the lack of human resources in the ATIP Unit, few training and awareness sessions in fiscal year 2008/09 were related to the application and interpretation of provisions of the Access to Information Act. To acquaint new CIDA employees with ATIP, the Unit took part in awareness sessions as part of the Welcome to CIDA course. To be a training leader, however, the Access to Information Unit has designed specific training sessions for each of the organizational stakeholders involved in processing requests, including a session for senior managers, one for liaison officers, and one for employee sub groups. These training sessions will be operational in the next fiscal year (2009/10).
The ATIP Unit plans to deliver mandatory information sessions to CIDA staff in 2009/10.
7. Overview of New and/or Updated Policies/Procedures (ATIP)
As prescribed by the Government of Canada disclosure policy, a number of documents are released to the public unofficially or posted on the CIDA website, including detailed information on CIDA's involvement in Afghanistan, audits and evaluations completed, the Minister's hospitality expenses, exempt staff and responsibility centres, and summary information on all contracts exceeding $10,000, and grants and contributions over $25,000. In addition, CIDA has launched a new electronic tool called the Project Browser, which enables the public to seek and produce reports on all CIDA-funded projects and countries.
The Access to Information Unit intends to review and develop the update of CIDA's ATIP policies and procedures in 2009/10.
8. Complaint Summary
In fiscal year 2008/09, 13 complaints were filed for the following reasons: failure to give access within prescribed time limits, extension of access time limits, and allegations of deemed refusal to give access to documents requested under the Access to Information Act.
After investigations conducted by the Office of the Information Commissioner, the Unit was able to close six complaints. One was founded, two were unfounded, and three were dropped.
9. Federal Court Case Summaries
None
