2010–11 Annual Report on the Access to Information Act

Table of Contents

• 1) Introduction
• 2) How Requests Were Processed Under the Act
• 3) Complaints and Investigations
• 4) Court Cases
• Appendix A: Statistical Report
• Appendix B: Delegation Order

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1) Introduction

The Access to Information Act gives Canadian citizens, as well as people and corporations present in Canada, the right to access records under the control of federal government institutions subject to limited and specific exceptions. The Act is intended to complement existing procedures for access to government information and not to limit, in any way, information that is normally available to the public.

Section 72 of the Act requires the heads of all federal government institutions to submit a report to Parliament on their institutions’ administration of the Act for each fiscal year. This report describes how the Canadian Food Inspection Agency (CFIA) administered the Access to Information Act for fiscal year 2010–11; the report was prepared in accordance with reporting requirements outlined by Treasury Board Secretariat.

About the Canadian Food Inspection Agency

The CFIA is the largest science-based regulatory agency in Canada. It has more than 7500 professionals working in the National Capital Region (NCR), in the four operational Areas (Atlantic, Quebec, Ontario and the West) and across Canada. The CFIA is dedicated to safeguarding food, animals and plants, which contributes to a safe and accessible food supply and plant and animal resource base, thereby enhancing the health and well-being of Canada’s people, environment and economy.

The CFIA’s activities help protect Canadian and international food consumers, Canadian agricultural production (including forestry) and our environment. This benefits all people in the agriculture-food continuum, such as farmers, fishers, foresters, processors and distributors (including importers and exporters), and consumers.

The CFIA is responsible for administering and enforcing 13 federal statutes and 38 regulations that govern the safety and labelling of food sold in Canada and that support a sustainable plant and animal resource base. The CFIA shares many areas of responsibility with other federal departments and agencies; with provincial, territorial and municipal authorities; and with other stakeholders.

Within a complex operating environment, the Agency works with its partners to implement food safety measures; to manage food, animal and plant risks and emergencies; and to promote the development of food safety and disease-control systems to maintain the safety of Canada’s high-quality agriculture, aquaculture and fisheries, and agri-food products. The Agency’s activities include verifying domestic and foreign industry compliance; registering and inspecting establishments; testing food, animals, plants and their related products; and approving the use of many agricultural inputs.

The CFIA is led by its President, who reports to the Minister of Agriculture and Agri-Food. The Agency is structured so that all branch heads have specific accountabilities that contribute to achieving each of the CFIA’s strategic objectives.

With its headquarters in the NCR, the CFIA is organized into four operational Areas (Atlantic, Quebec, Ontario and the West) that are subdivided into 18 regional offices, 185 field offices (including border points of entry) and 408 offices in non-governmental establishments (such as processing facilities). The Agency also works in 14 laboratories that provide scientific advice, develop new technologies, provide testing services and conduct research.

Administration of the Act

The administration of the Access to Information Act is the primary responsibility of the Access to Information and Privacy (ATIP) Office of Corporate Secretariat Branch. The ATIP Office processes all requests for information and coordinates all activities related to the Act, along with associated regulations, directives and guidelines. The ATIP Office is headed by a manager who reports to the Director of Executive Support and Coordination Directorate. As of March 31, 2011, there were nine full-time employees and several experts external to government working in the ATIP Office.

Resources

An estimated $566 320.00 in salary costs and $1 142 283.00 in operating costs were incurred by the ATIP Office to administer the Access to Information Act for the reporting period. These costs do not include resources expended by CFIA program areas to meet the requirements of the Act.

Staff Training and Awareness

The ATIP Office provided 51 training sessions to 804 employees in the NCR during the 2010–11 fiscal year. ATIP officials also participated in 6 CFIA orientation sessions targeted at new employees. Approximately 188 employees received ATIP training during these sessions. Overall, 992 employees received ATIP training during 2010–11.

Policies, Guidelines and Procedures

The CFIA is continuing to implement a set of process improvements for ATIP in order to provide greater oversight and accountability. This multi-year endeavour is based on government-wide best practices, but also takes into account the CFIA’s priorities and environment. The enhanced procedures provide a more focused approach to the tasking of ATIP requests and help address the Information Commissioner’s recommendation from her April 2010 Special Report to Parliament on Report Cards—to improve the delivery of access to information services at the Agency.

2) How Requests Were Processed Under the Act

In recent years, there has been a growing interest in the CFIA’s information holdings, resulting in a significant increase in the volume, size and complexity of ATIP requests. This growth, accelerated by certain high-profile incidents, led to delays in the release of requested information. Processing of requests is also contingent on external factors, such as required consultations with other parties and the volume of records.

The CFIA received 351 new requests under the Access to Information Act between April 1, 2010, and March 31, 2011. There were 208 outstanding requests from the previous year, bringing the total to 559 requests that required processing. Of this total, 424 were completed during the reporting period and 135 were carried forward to 2011–12. This represents an increase of 84 requests (25%) processed over last year, in which 340 were completed.

The following represents a breakdown of the sources of requests received during the fiscal year:

• 122 requests from Business (34%);
• 73 requests from Media (21%);
• 10 requests from Organizations (3%);
• 141 requests from the Public (41%); and
• 5 requests from Academia (1%).

Access Requests by Source 2010-11

The ATIP Office reviewed a total of 146 885 pages during the fiscal year for requests completed pursuant to the Act of which 57 863 were released. This is an increase of 82 053 pages (127%) over last year, in which 64 832 pages were reviewed. Of the 424 requests completed, 31 exceeded 1000 pages.

The following chart depicts the cycle of access to information requests at the CFIA for the past 5 reporting periods:

Access Requests 2006-07 to 2010-11

Access Requests 2006-07 to 2010-11

The CFIA continues to implement measures initiated in 2009–10 over the coming year, in line with Agency priorities and available resources, to ensure ongoing capacity to meet its obligations under the Access to Information Act. Among ongoing initiatives pursued by the CFIA is the streamlining of the Agency’s overall ATIP process, reducing delays in the release of requested information and the hiring of additional resources.

Consultations

During the reporting period, the CFIA received 77 consultations from other government institutions concerning the release of Agency records. This represents an increase of 13 consultation requests (20%) over last year, in which 64 consultations were received. These consultations resulted in the review of 3566 pages.

Completion Times and Extensions

The 424 requests in 2010–11 were completed in the following time frames:

• 132 within 30 days or less (31%);
• 52 within 31 to 60 days (12%);
• 84 within 61 to 120 days (20%); and
• 156 within 121 days or over (37%).

Completion Times 2010-11

In 230 instances, the CFIA found it necessary to extend the original time limit of 30 calendar days as prescribed in the Act. Of these extensions, 143 were for third-party notifications pursuant to section 27 of the Act.

Disposition of Completed Requests

There were 424 requests completed in 2010–11. The disposition of the completed requests is as follows:

• 53 were fully disclosed (13%);
• 256 were partially disclosed (60%);
• 1 was excluded in its entirety (0%);
• 5 were exempted in their entirety (1%);
• 41 could not be processed (10%); and
• 68 were abandoned by the applicants (16%).

Exemptions and Exclusions

The CFIA invoked exemptions pursuant to the Act a total of 654 times. The exemptions were invoked as follows:

• 22 instances for records dealing with information obtained in confidence (s. 13);
• 9 for records concerning federal-provincial affairs (s. 14);
• 26 for records deemed injurious to the conduct of international affairs and defence (s. 15);
• 35 for records concerning law enforcement and investigations (s. 16);
• 5 for safety of individuals (s. 17);
• 237 for records containing personal information (s. 19);
• 180 for records containing third-party business information (s. 20);
• 96 for records relating to the internal decision-making processes of government (s. 21);
• 5 for records relating to internal audits and test procedures (s. 22);
• 36 for records containing solicitor-client privilege (s. 23);
• 2 for statutory prohibitions against disclosure (s. 24); and
• 1 for published material (s. 26).

Exclusions were invoked 14 times during the reporting period for published materials or Confidences of the Queen’s Privy Council for Canada.

Fees

During the reporting period, the CFIA collected a total of $12 361.10 in fees under the Act, of which $2 115.00 was collected in application fees and $10 246.10 in reproduction and searching costs. The Agency waived fees in the amount of $28 467.60 in 2010–11 when search fees were under $25.00, when the request was for less than 125 pages, or when legislated time frames were not met as is common practice in many institutions.

3) Complaints and Investigations

The CFIA received 18 complaints from the Office of the Information Commissioner in 2010–11. This represents a decrease of 3 complaints (16%) over the previous reporting period, in which 21 complaints were received. The reasons cited for the new complaints are as follows:

• 3 concerned delays in the release of information;
• 1 concerned fees;
• 1 concerned the language of the requested records;
• 10 concerned the exemption of information; and
• 3 concerned the general refusal of information (i.e. requester felt that they did not receive all of the requested records or that the Agency did not meet the statutory time frame for release of records).

During the 2010–11 fiscal year, 12 complaints were completed, and the conclusions were as follows:

• 3 complaints were discontinued;
• 1 complaint was resolved and deemed not well-founded; and
• 8 complaints were resolved and deemed well-founded, mostly due to delays in the release of the requested information.

4) Court Cases

Three new applications were filed with the Federal Court of Canada during the reporting period. These applications were filed pursuant to section 44 of the Act.

Appendix A: Statistical Report

Click on image for larger view

Statistical Report

Additional Reporting Requirements

Access to Information Act

Part III – Exemptions invoked

Subsection 13.(1) (e) : 0

Subsection 16.1(1) (a) : 0

Subsection 16.1(1) (b) : 0

Subsection 16.1(1) (c) : 0

Subsection 16.1(1) (d) : 0

Subsection 16.2(1) : 0

Subsection 16.3 : 0

Subsection 16.4(1) (a) : 0

Subsection 16.4(1) (b) : 0

Subsection 16.5 : 0

Subsection 18.1(1) (a) : 0

Subsection 18.1(1) (b) : 0

Subsection 18.1(1) (c) : 0

Subsection 18.1(1) (d) : 0

Subsection 20(1) (b.1) : 0

Subsection 20.1 : 0

Subsection 20.2 : 0

Subsection 20.4 : 0

Subsection 22.1(1) : 0

Part IV – Exclusions cited

Subsection 68.1 : 0

Subsection 68.2 (a) : 0

Subsection 68.2 (b) : 0

Subsection 69.1 (1) : 0

Appendix B: Delegation Order

Access to Information Act Delegation Order

The President of the Canadian Food Inspection Agency pursuant to section 73 of the Access to Information Act (Act), hereby delegates the persons holding the positions set out in the Schedule annexed hereto to exercise the powers and perform the duties and functions of the President as the head of the government institution under the sections of the Act as set out in the Schedule.

Canadian Food Inspection Agency Delegation Schedule

Delegation of powers, duties and functions pursuant to section 73 of Access to Information Act

Sections	Powers, Duties and Functions	Positions/Titles Manager ATIP	Positions/Titles Team Leader ATIP	Positions/Titles Analyst ATIP
4(2.1)	To assist the applicant, respond to his/her request and provide access to the record	X	X	X
7	To notify the applicant and to give access to the record	X	X	-
8(1)	To transfer the request of a record to another government institution and give a notice of the transfer to the applicant	X	X	-
9(1)	To extend the time limits and to issue notice to applicant	X	X	X
9(2)	To notify the Information Commissioner of an extension exceeding 30 days	X	X	X
11(2)	To require additional payment before access is given	X	X	X
11(3)	To require payment when a record is produced as a result of the request from a machine readable record	X	X	X
11(4)	To require a deposit before search or production of a record	X	X	X
11(5)	To notify the applicant of required payment	X	X	X
11(6)	To waive requirement to pay a fee or other amount for the record or may refund the fee or other amount paid.	X	X	-
12(2)(b)	To have the record translated if it is in the public interest.	X	-	-
12(3)	To have the record made accessible in alternative format	X	X	-
13(1)	To refuse disclosure of information obtained in confidence from another government, an organization or an institution	X	X	-
13(2)	To disclose information if the government, organization or institution from which the information was obtained either consent to its disclosure or makes it public	X	X	-
14	To refuse disclosure of information the disclosure re: federal provincial affairs	X	X	-
15	To refuse disclosure of information re: international affairs and defence	X	X	-
16	To refuse disclosure of information re: law enforcement, investigations, security and policing services	X	X	-
16.5	To refuse disclosure of information re: Public Servants Disclosure Protection Act	X	X	-
17	To refuse disclosure of information re: safety of individuals	X	X	-
18	To refuse disclosure of information re: economic interests of Canada	X	X	-
18.1(1)	To refuse disclosure of information re: economic interests of certain government institutions	X	X	-
18.1(2)	To disclose under subsection 18(1) if information relates to the general administration of an institution referred to in any of paragraphs 18(1)(a) to 18(1)(d) or any activity of the Canada Post Corporation that is fully funded out of moneys appropriated by Parliament	X	X	-
19(1)	To refuse disclosure of records containing personal information as defined in s.3 of the Privacy Act.	X	X	-
19(2)	To disclose records containing personal information pursuant to paragraphs 19(2)(a) to 19(2)(c) of the Act	X	X	-
20(1)	To refuse disclosure of a record that contains third party information	X	X	-
20(2)	To disclose a record containing the results of product or environmental testing	X	X	-
20(3)	To provide written explanation of the methods used in testing	X	X	-
20(5)	To disclose with the consent of the third party to whom the information relates	X	X	-
20(6)	To disclose in the public interest	X	-	-
21(1)	To refuse disclosure of information re: advice, recommendations, etc.	X	X	-
22	To refuse disclosure of information re: testing or auditing procedures or techniques, tests or audits	X	X	-
22.1(1)	To refuse disclosure of a record that contains a draft report of an internal audit of a government institution or any related audit working paper	X	X	-
23	To refuse disclosure of a record that contains information subject to solicitor-client privilege.	X	X	-
24(1)	To refuse disclosure of a record that is restricted by statutory prohibitions.	X	X	-
25	To sever exempt information from records and to disclose remaining information	X	X	-
26	To refuse disclosure of a record when the information will be published	X	X	-
27(1)	To notify a third party of a request and the intention of disclosing the information	X	X	X
27(4)	To extend time limit for third party notification process	X	X	X
28(1)	To give to a third party with an opportunity to make representations and to make a decision	X	X	X
28(2)	To waive the requirement of third parties providing representations in writing	X	X	-
28(4)	To allow disclosure of the record to the applicant	X	X	-
29(1)	To notify the applicant and a third party of the disclosure of a record	X	X	-
33	To advise the information Commissioner of a third party involvement	X	X	X
35(2)	To have the right to make representations to the Information Commissioner	X	X	X
37(4)	To give the complainant access to the record	X	X	-
43(1)	To give notice of the application to third parties	X	X	-
44(2)	To give notice to the person of the application who requested access to the record	X	X	-
71(1)	To provide facilities where the public may inspect manuals	X	X	-
71(2)	To refuse to disclose information severed from manuals	X	X	-
72(1)	To prepare an annual report for submission to Parliament	X	X	-

Legend:

Analyst ATIP

Analyst, Access to Information and Privacy

Manager ATIP

Manager, Access to Information and Privacy

Team Leader

Team Leader, Access to Information and Privacy

X Authority has been delegated

- Authority has not been delegated