Annual Report to Parliament on the Administration of the Access to Information Act - 2022–2023

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Introduction

The purpose of the Access to Information Act

Part 1 of the Access to Information Act (the Act) provides Canadian citizens, permanent residents of Canada within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and individuals who are present in Canada, a right of access to information contained in federal government records subject to certain specific and limited exceptions. Part 2 of the Act sets out requirements for proactive publication. The Act complements, but does not replace, other means of obtaining government information.

This annual report is submitted to Parliament by the Minister of Transport, in accordance with section 94 of the Access to Information Act and section 20 of the Service Fees Act. It describes how Transport Canada (TC) fulfilled its responsibilities and obligations for the reporting period April 1, 2022 to March 31, 2023.

About Transport Canada

TC is responsible for developing and overseeing the Government of Canada’s transportation policies and programs in support of a safe, secure, green, innovative, and integrated transportation system that promotes trade, economic growth, and a cleaner environment.

For more information about TC, visit tc.canada.ca.

Management of access to information requests and services

The Access to Information and Privacy Office

The Access to Information and Privacy (ATIP) Office is the focal point for access to information and privacy requests and services at TC, and is grouped under Corporate Services. At TC, the ATIP Coordinator (the primary contact for queries) is the Director of the ATIP Office. The Director reports to the Assistant Deputy Minister, Corporate Services and Chief Financial Officer who in turn reports to the Deputy Minister.

The ATIP Office was restructured during the reporting period. Whereas previously one operations unit was dedicated to processing requests for personal information, all operational units now share this work to better manage file volumes and staffing shortages. The office currently comprises five units:

  • Two operations units responsible for the review of documents in response to requests made under the Access to Information Act and requests for personal information made under the Privacy Act, and to advise TC officials on access to information policy;
  • One operations unit dedicated to processing access to information files received in 2020 or prior;
  • One governance unit responsible for certain administrative functions, such as modernization of systems and reporting, in addition to certain internal advisory services, including those related to Part 2 of the Access to Information Act; and
  • One privacy policy unit responsible for advising and supporting TC officials to ensure compliance with the Privacy Act and related policy instruments.

The ATIP Office works closely with departmental liaison officers who are the main points of contact between the ATIP Office and subject matter experts. They are responsible for ensuring requests tasked to their group or region are handled promptly and that relevant records are forwarded from offices of primary interest (OPIs) to the ATIP Office in accordance with established procedures and timelines.

Human resources

During the reporting period, a total of 29.37 person-years were dedicated to access to information activities, with 2.7 of those person-years having been the work of consultants. This figure does not include work performed by liaison officers in TC’s groups and regions.

The ATIP Office has continued to experience high staff turnover, and in 2022–2023 conducted numerous hiring processes for staff vacancies at all levels. TC is not alone in the challenge to attract and retain access to information and privacy specialists as many institutions across the public sector are facing similar challenges.

Delegation of responsibilities

Pursuant to subsection 95(1) of the Act, responsibilities associated with its administration are delegated to departmental officials through a delegation order signed by the Minister of Transport. Accordingly, the Minister of Transport has delegated the powers, duties and functions for the administration of the Act to the following TC officials:

  • the Deputy Minister;
  • the Associate Deputy Minister;
  • the Assistant Deputy Minister, Corporate Services and Chief Financial Officer;
  • the Director, ATIP;
  • Chiefs of the ATIP Office (except for section 6.1(1)); and
  • Senior ATIP Advisors of the ATIP Office (sections 7(a), 8(1), 9, 19, 27, 33 and 43(1));

A copy of the delegation order can be found at Annex C.

Section 96 service agreements

Under section 96 of the Act, a government institution may enter into a service agreement with another government institution presided over by, or under the responsibility of the same Minister to provide or receive services related to access to information. TC was not party to any such agreements over the course of the reporting period.

Management of proactive publications

Part 2 of the Access to Information Act sets out various materials that Ministers and heads of government institutions must proactively publish on a regular basis, in electronic form. TC supports the Minister of Transport in meeting their obligations under sections 73 to 80 of the Act. TC is also a government entity as defined under section 81, and therefore all types of information listed in sections 82 to 90 apply to TC’s proactive publishing obligations.

At TC, different groups are responsible for ensuring that materials are made available within statutory timeframes on either the Open Government website at open.canada.ca or TC website at tc.canada.ca. See the table below for details.

Materials to be proactively published Section(s) of the Act Publication timeline TC groups responsible Government of Canada website

For TC

 

Travel and hospitality expenses

82, 83

Within 30 days after the end of the month of reimbursement

  • Corporate Services – Financial Operations and Administrative Services, with assistance from
  • Executive Office (for the Deputy Minister and Associate Deputy Minister) and
  • Assistant deputy ministers’ offices (for assistant deputy ministers and associate assistant deputy ministers)

Open Government

Reports tabled in Parliament

84

Within 30 days after tabling

  • Various OPIs, with assistance from:
  • Communications – Web Services

Transport Canada

Reclassification of positions

85

Within 30 days after the quarter

  • Corporate Services – Classification Centre of Excellence

Open Government

Contracts over $10,000

86

Q1–3: Within 30 days after the quarter

Q4: Within 60 days after the quarter

  • Corporate Services – Financial Operations and Administrative Services

Open Government

Grants and contributions over $25,000

87

Within 30 days after the quarter

  • Programs – Innovation Centre – Centre of Expertise on Financial Instruments, with assistance from:
  • Other OPIs within Programs

Open Government

Packages of briefing materials prepared for new or incoming deputy heads or equivalent

88(a)

Within 120 days after appointment

  • Executive Office, with assistance from:
  • Various OPIs
  • Corporate Services – ATIP and
  • Communications – Web Services

Transport Canada

Titles and reference numbers of memoranda prepared for a deputy head or equivalent, that is received by their office

88(b)

Within 30 days after the end of the month received

  • Executive Office, with assistance from:
  • Various OPIs and
  • Corporate Services – ATIP

Open Government

Packages of briefing materials prepared for a deputy head or equivalent’s appearance before a committee of Parliament

88(c)

Within 120 days of after appearance

  • Executive Office Parliamentary Affairs Unit, with assistance from:
  • Various OPIs and
  • Corporate Services – ATIP

Transport Canada

For the Minister of Transport

 

Packages of briefing materials prepared by a government institution for new or incoming ministers

74(a)

Within 120 days after appointment

  • Executive Office, with assistance from:
  • Various OPIs
  • Corporate Services – ATIP and
  • Communications – Web Services

Transport Canada

Titles and reference numbers of memoranda prepared by a government institution for the minister, that is received by their office

74(b)

Within 30 days after the end of the month received

  • Executive Office, with assistance from:
  • Various OPIs and
  • Corporate Services – ATIP

Open Government

Packages of question period notes

74(c)

Within 30 days of the last sitting day of the House of Common in June and December

  • Executive Office – Policy and Issues Management Directorate, with assistance from:
  • Corporate Services – ATIP and
  • Communications – Web Services

Transport Canada

Packages of briefing materials prepared by a government institution for a minister’s appearance before a committee of Parliament

74(d)

Within 120 days after appearance

  • Executive Office - Parliamentary Affairs Unit, with assistance from:
  • Various OPIs and
  • Corporate Services – ATIP

Transport Canada

Travel and hospitality expenses

75,76

Within 30 days after the end of the month of reimbursement

  • Executive Office and
  • Corporate Services – Financial Operations and Administrative Services

Open Government

Contracts over $10,000

77

Q1–3: Within 30 days after the quarter

Q4: Within 60 days after the quarter

  • Corporate Services – Financial Operations and Administrative Services

Open Government

Performance 2022–2023

This section highlights key information on TC’s performance for fiscal year 2022–2023. See Annex A for the Statistical Report on the Access to Information Act and Annex B for the Supplemental Statistical Report on the Access to Information Act and Privacy Act.

Access to information processing

Text version

Request processing

Fiscal year

Requests received

Requests completed

Outstanding carried to next period

Completed within legislated timeframe (%)

2017-2018

937

982

414

82%

2018-2019

1076

1080

410

81%

2019-2020

739

690

458

87%

2020-2021

630

583

503

68%

2021-2022

782

718

567

76%

2022-2023

592

576

583

74%

During 2022–2023, TC received 592 new requests, a decrease of 182 requests from the previous reporting period. 567 requests were carried over from the previous reporting period for a total of 1159 requests on hand. 426 out of 576 (74%) of requests closed were within legislated timeframes.

On March 31, 2023, 583 requests were carried over to the 2023–2024 fiscal year.

Capacity

TC staff were limited in their onsite presence in April and May 2022, stemming from public and departmental health measures in response to the COVID-19 pandemic. As a result, TC was at partial capacity for processing of paper records and records at Protected C level or above for the first six weeks of the reporting period. See Section 2 of the supplemental statistical report, Annex B.

Completion time

TC endeavours to complete every access to information request in a timely manner. Of the 576 requests completed in 2022–2023, 301 (52%) were completed within 30 days.

# of days 1 to 15 16 to 30 31 to 60 61 to 120 121 to 180 181 to 365 365 or more

# of requests

117

184

53

46

36

64

76

Number of days taken to process requests closed in 2022–2023

Outstanding late requests

TC seeks to minimize the number of new requests that go beyond legislated timelines while continuing to reduce the number of late and older requests. Requests carried over from previous years may be within legislated timelines or have become late. Of the 583 requests carried over to 2023–2024 from previous reporting periods, 493 requests were beyond legislated timelines. TC has been taking steps to complete more late files with the aim of eliminating this backlog, but resourcing issues remained a significant challenge during this year. For a detailed breakdown, refer to table 3.1 in the supplemental statistical report, Annex B.

Dispositions

TC makes every effort to disclose as much information as possible and to uphold the spirit of the Act. Of the 576 requests closed this reporting period, there were:

  • 68 (11.6%) fully disclosed
  • 255 (44.3%) partially disclosed
  • 176 (30.6%) where no records existed
  • 9 (1.6%) transferred to other institutions
  • 47 (8.2%) abandoned
  • 21 (3.7%) where no records were disclosed, of which:
    • 8 (1.4%) were all exempted;
    • 11 (1.9%) were all excluded; and
    • 2 (0.4%) were neither confirmed nor denied

In most cases, redacted information pertained to the application of the following provisions of the Act:

  • Section 19 was applied in 201 requests to protect personal information;
  • Subsection 20(1) was applied in 116 requests to protect a third party’s sensitive information; and
  • Subsection 21(1) was applied in 106 requests to protect sensitive information related to the operations of government.

Extensions

Under specific circumstances, the Act contains provisions for departments to extend the legislated deadline if the request cannot be completed within the 30-day time limit. More than one type of extension may apply to the same request. Of the 282 extensions cited during the reporting year, 80 were due to unreasonable interference with the operations of government (e.g., a large volume of responsive records were found or a lengthy search through a large number of records was required), 107 were for necessary consultations within the federal government, and the remaining 95 extensions were for conducting consultations with third parties.

Of note is the significant increase in extensions necessary to consult the Department of Justice about potentially excludable material under section 69 of the Act (Confidences of the King’s Privy Council), from 4 in 2021–2022 to 29 in 2022–2023Footnote 1. See section 5 of the statistical report, Annex A.

Other request processing

Consultation requests received from other government institutions and organizations

TC receives consultation requests from other institutions in relation to requests made under the Access to Information Act or other access to information legislation. In 2022–2023, TC received 194 such requests, with 168 consultations coming from other Government of Canada institutions and 26 from other organizations. This represents an increase of 15 (8%) from the previous reporting period.

In addition, 31 consultations were carried over from the previous reporting period for a total of 225 consultations. Of these, 207 consultations were completed and 18 were carried forward into the next fiscal year, 14 of which were within negotiated timelines.

Informal requests for previously released information

Summaries of completed access to information requests are published on the Open Government website open.canada.ca. Copies of response packages can be requested through the site. In 2022-23, TC responded to 184 informal requests, an increase of 31 (20%) from the previous reporting period.

Complaints

Every individual who makes a request under the Access to Information Act has the right to file a complaint with the Office of the Information Commissioner of Canada regarding any matter relating to the processing of their request. An individual may also file more than one type of complaint for the same request. In 2022-2023, TC received 52 complaints involving 49 requests, related to the following issues:

  • 15 (28.8%) were for time delays;
  • 13 (25%) were for the application of extensions;
  • 11 (21.1%) were for alleged missing records;
  • 9 (17.3%) were for alleged improper application of exemptions;
  • 2 (3.8%) were for alleged improper application of exclusions (section 69); and
  • 2 (3.8%) were for other reasons related to the non-disclosure of records

A total of 64 complaints were resolved during the reporting period.

Total complaints resolved

Discontinued

Not well founded

Well founded

64

31

10

23

Findings of complaints resolved in 2022–2023

A total of 90 complaints were still open on March 31, 2023. Of those:

  • 37 (41.1%) were received in 2022–2023
  • 14 (15.6%) were received in 2021–2022
  • 25 (27.8%) were received in 2020–2021
  • 6 (6.7%) were received in 2019–2020
  • 4 (4.4%) were received in 2018–2019
  • 2 (2.2%) were received in 2017–2018
  • 2 (2.2%) were received in 2014–2015

Monitoring and compliance

Access to information processing

The ATIP Office continued its engagement of departmental officials in monitoring of access to information requests to improve compliance and to ensure the sound administration of the Act. This is primarily done through regular reporting and discussion, including:

  • A weekly progress report produced by the ATIP Office and shared with the Assistant Deputy Minister, Corporate Services and Chief Financial Officer, which gives an overview of request processing performance;
  • Regular reports to OPIs and Legal Services to track the status of retrievals and consultations coming from the ATIP Office;
  • Weekly reporting within the ATIP Office on upcoming due dates for requests for staff members and managers to follow-up; and
  • Routine reporting on compliance with search and retrieval timelines sent to OPIs and discussed with TC’s senior leadership.

Overall compliance for the return of records and recommendations to the ATIP Office within the necessary timelines during the reporting period was 72%. Compliance for access to information requests alone was 74%.

Proactive publications

The responsibility of complying with Part 2 of the Act falls to specific TC groups as indicated in ‘Management of proactive publications’ above. Processes have been set up for each set of materials, and multiple teams are involved. Where necessary, the ATIP Office reviews and provides advice on material that should not be published. During the reporting period, various processes were reviewed, and improvements made to ensure completion of the publications, including ones to ease the work of the Web Services team, which carries much of the burden for publishing. TC does not have a centralized system for monitoring publishing times.

Fees

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution. With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.

In accordance with the changes to the Access to Information Act that came into force on June 21, 2019, TC may only charge an application fee of $5, as set out in paragraph 7(1)(a) of the Regulations. Pursuant to the TBS Directive on Access to Information Requests, issued on July 13, 2022, institutions can waive this application fee as deemed appropriate.

In 2022–2023, application fees were collected for 537 requests for a total revenue of $2,685 and application fees were waived or refunded for 55 requests, representing a total of $275.

Costs

The cost of administering the Act during fiscal year 2022–2023 amounted to $3,066,914, or 75% of the ATIP Office’s budget. This excludes costs incurred throughout the department for the search, retrieval and preparation of recommendations to enable and inform the processing of requests in accordance with the Act, as well as legal costs related to consultation or advice.

Policies, guidelines, procedures and initiatives

Policies and procedures

End to extensions for COVID-19 impact

Following the onset of the COVID-19 pandemic in March 2020, the ATIP Office had instituted a 120-day request extension that, if necessary, could be taken under section 9(1)(a) of the Act to account for processing delays caused by the impact of the pandemic. With a return to full capacity for request processing in May 2022, the ATIP Office ceased its use of this extension. A short while later, the Information Commissioner of Canada set the expectation that the impact of the pandemic could no longer be used to justify delays in responding to requesters.

New procedures

The following procedures were created or modified during the reporting period:

  • Intake and closing procedures were modified following the launch of the ATIP Online platform in July 2022 which allowed for greater consistency and efficiency.
  • Acknowledgement emails to requesters were modified to align with new TBS requirements under the Directive on Access to Information Requests and the Directive on Personal Information Requests and Correction of Personal Information.

Initiatives

Focus on modernization

In the second half of 2022, restructuring of the ATIP Office brought about the consolidation of reporting and modernization functions into one unit. This unit is currently leading a number of projects and initiatives, including:

  • The implementation of new request processing software;
  • Improvement of office resources, reporting, and streamlining of communications; and
  • Consolidation of data storage devices and overall reduction in data involved in ATIP operations.

The unit is working regularly with teams within the Service and Digital Group and leveraging from other modernization work happening at TC, such as the Digital Workspace project, responsible for transitioning the department to a new electronic document and records management system.

Increasing secret network capacity

Despite the increase in staff present onsite over the course of the reporting period, the impact of the pandemic had created a permanent lack of capacity for processing records at the Protected C level or higher. To address this, the ATIP Office expanded its secret network by investing in additional onsite space and terminals. As of September 2022, TC is again at full capacity.

Training and awareness

Training

The goal of training and awareness is to familiarize or further educate TC employees on the principles of access to information and privacy protection, responsibilities and expectations regarding the retrieval and reviewing of records, the provision of recommendations, and the overall importance of this work as it pertains to TC’s daily operations.

Training is delivered by experienced ATIP practitioners through a number of different channels:

  • Monthly virtual training sessions are delivered to TC staff members (393 registered participants in 2022–2023).
  • Ad-hoc training is provided to various programs on specific areas that regularly affect subject matter experts and record holders.
  • Analysts joining the ATIP Office benefited from both in-house and external training.

Awareness and engagement

The ATIP Office continued to engage TC staff on access to information issues throughout the reporting period:

  • Bulletins featuring news, updates, latest developments, and information regarding access to information and privacy is shared with all partners across the department.
  • Meetings between ATIP Office management and liaison officers are held to share details of latest initiatives and gain a better understanding of each party’s challenges.
  • Access to information and privacy matters were regularly discussed with TC’s Assistant Deputy Minister, Corporate Services and Chief Financial Officer, and other members of TC’s senior leadership.
  • The ATIP Director shared information, updates, and advice with various TC committees, including the Executive Management Committee.

Annex A: Statistical report

Statistical Report on the Access to Information Act

Name of institution: Transport Canada

Reporting period: April 1, 2022 to March 31, 2023

Section 1: Requests under the Access to Information Act

1.1 Number of formal requests

 

Number of Requests

Received during reporting period

592

Outstanding from previous reporting periods

567

  • Outstanding from previous reporting period

262

 
  • Outstanding from more than one reporting period

305

Total

1,159

Closed during reporting period

576

Carried over to next reporting period

583

  • Carried over within legislated timeline

90

 
  • Carried over beyond legislated timeline

493

1.2 Sources of requests

Source

Number of Requests

Media

89

Academia

16

Business (private sector)

184

Organization

22

Public

193

Decline to Identify

88

Total

592

1.3 Channels of formal requests

Channel

Number of Requests

Online

531

E-mail

22

Mail

39

In person

0

Phone

0

Fax

0

Total

592

Section 2: Informal requests

2.1 Number of informal requests

 

Number of Requests

Received during reporting period

118

Outstanding from previous reporting periods

96

  • Outstanding from previous reporting period

31

 
  • Outstanding from more than one reporting period

65

Total

214

Closed during reporting period

184

Carried over to next reporting period

30

2.2 Channels of informal requests

Channel

Number of Requests

Online

112

E-mail

6

Mail

0

In person

0

Phone

0

Fax

0

Total

118

2.3 Completion time of informal 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

70

21

15

13

3

8

54

184

2.4 Pages released informally

Less than 100
Pages Released

100-500
Pages Released

501-1,000
Pages Released

1,001-5,000
Pages Released

More than 5,000
Pages Released

Number of Requests

Pages Released

Number of Requests

Pages Released

Number of Requests

Pages Released

Number of Requests

Pages Released

Number of Requests

Pages Released

0

0

0

0

0

0

0

0

0

0

2.5 Pages re-released informally

Less than 100
Pages Re-released

100-500
Pages Re-released

501-1,000
Pages Re-released

1,001-5,000
Pages Re-released

More than 5,000
Pages Re-released

Number of Requests

Pages Re-released

Number of Requests

Pages Re-released

Number of Requests

Pages Re-released

Number of Requests

Pages Re-released

Number of Requests

Pages Re-released

135

1,791

36

7,376

10

6,522

3

5,363

0

0

Section 3: Applications to the Information Commissioner on declining to act on requests

 

Number of Requests

Outstanding from previous reporting period

0

Sent during reporting period

0

Total

0

Approved by the Information Commissioner during reporting period

0

Declined by the Information Commissioner during reporting period

0

Withdrawn during reporting period

0

Carried over to next reporting period

0

Section 4: Requests closed during the reporting period

4.1 Disposition and completion time

Disposition of requests

Completion Time (calendar days)

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

3

38

10

9

3

2

3

68

Disclosed in part

3

47

26

33

29

55

62

255

All exempted

0

2

1

2

2

0

1

8

All excluded

0

1

0

0

1

4

5

11

No records exist

65

93

13

2

1

2

0

176

Request transferred

9

0

0

0

0

0

0

9

Request abandoned

37

3

1

0

0

1

5

47

Neither confirmed nor denied

0

0

2

0

0

0

0

2

Declined to act with the approval of the Information Commissioner 

0

0

0

0

0

0

0

0

Total

117

184

53

46

36

64

76

576

4.2 Exemptions

Section

Number of Requests

Section

Number of Requests

Section

Number of Requests

Section

Number of Requests

13(1)(a)

6

16(2)

2

18(a)

4

20.1

0

13(1)(b)

0

16(2)(a)

1

18(b)

8

20.2

0

13(1)(c)

7

16(2)(b)

0

18(c)

0

20.4

0

13(1)(d)

6

16(2)(c)

42

18(d)

1

21(1)(a)

41

13(1)(e)

2

16(3)

0

18.1(1)(a)

0

21(1)(b)

50

14

5

16.1(1)(a)

0

18.1(1)(b)

0

21(1)(c)

12

14(a)

1

16.1(1)(b)

0

18.1(1)(c)

0

21(1)(d)

3

14(b)

0

16.1(1)(c)

1

18.1(1)(d)

0

22

3

15(1)

10

16.1(1)(d)

0

19(1)

201

22.1(1)

0

15(1) - I.A.*

2

16.2(1)

0

20(1)(a)

0

23

27

15(1) - Def.*

0

16.3

0

20(1)(b)

79

23.1

0

15(1) - S.A.*

0

16.4(1)(a)

0

20(1)(b.1)

0

24(1)

6

16(1)(a)(i)

0

16.4(1)(b)

0

20(1)(c)

37

26

2

16(1)(a)(ii)

0

16.5

0

20(1)(d)

6

 

16(1)(a)(iii)

0

16.6

2

   

16(1)(b)

0

17

0

*I.A.: International Affairs

Def.: Defense of Canada

S.A.: Subversive Activities

16(1)(c)

12

16(2)

0

16(1)(d)

0

       

4.3 Exclusions

Section

Number of requests

Section

Number of requests

Section

Number of requests

68(a)

0

69(1)

0

69(1)(g) re (a)

19

68(b)

0

69(1)(a)

2

69(1)(g) re (b)

0

68(c)

0

69(1)(b)

0

69(1)(g) re (c)

16

68.1

1

69(1)(c)

0

69(1)(g) re (d)

1

68.2(a)

0

69(1)(d)

2

69(1)(g) re (e)

6

68.2(b)

0

69(1)(e)

8

69(1)(g) re (f)

4

   

69(1)(f)

2

69.1(1)

0

4.4 Format of information released

Paper

Electronic

Other

E-record

Data set

Video

Audio

2

319

3

7

1

0

4.5 Complexity

4.5.1 Relevant pages processed and disclosed for paper and e-record formats

Number of Pages Processed

Number of Pages Disclosed

Number of Requests

79,106

50,008

388

4.5.2 Relevant pages processed per request disposition for paper and e-record formats by size of requests

Disposition

Less than 100
pages processed

100-500
pages processed

501-1,000
pages processed

1,001-5,000
pages processed

More than 5,000
pages processed

Number of Requests

Pages Processed

Number of Requests

Pages Processed

Number of Requests

Pages Processed

Number of Requests

Pages Processed

Number of Requests

Pages Processed

All disclosed

55

1,053

9

1,720

2

1,239

1

1,317

0

0

Disclosed in part

141

4,182

85

20,288

14

9,739

13

32,531

0

0

All exempted

5

117

1

344

0

0

2

2,497

0

0

All excluded

10

264

1

154

0

0

0

0

0

0

Request abandoned

42

11

0

0

5

3,650

0

0

0

0

Neither confirmed nor denied

2

0

0

0

0

0

0

0

0

0

Declined to act with the approval of the Information Commissioner

0

0

0

0

0

0

0

0

0

0

Total

255

5,627

96

22,506

21

14,628

16

36,345

0

0

4.5.3 Relevant minutes processed and disclosed for audio formats

Number of Minutes Processed

Number of Minutes Disclosed

Number of Requests

3

0

1

4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests

Disposition

Less than 60 Minutes Processed

60 - 120 Minutes Processed

More than 120 Minutes Processed

Number of Requests

Minutes Processed

Number of Requests

Minutes Processed

Number of Requests

Minutes Processed

All disclosed

0

0

0

0

0

0

Disclosed in part

1

3

0

0

0

0

All exempted

0

0

0

0

0

0

All excluded

0

0

0

0

0

0

Request abandoned

0

0

0

0

0

0

Neither confirmed nor denied

0

0

0

0

0

0

Declined to act with the approval of the Information Commissioner

0

0

0

0

0

0

Total

1

3

0

0

0

0

4.5.5 Relevant minutes processed and disclosed for video formats

Number of Minutes Processed

Number of Minutes Disclosed

Number of Requests

31

27

7

4.5.6 Relevant minutes processed per request disposition for video formats by size of requests

Disposition

Less than 60 Minutes Processed

60 - 120 Minutes Processed

More than 120 Minutes Processed

Number of Requests

Minutes Processed

Number of Requests

Minutes Processed

Number of Requests

Minutes Processed

All disclosed

2

13

0

0

0

0

Disclosed in part

5

18

0

0

0

0

All exempted

0

0

0

0

0

0

All excluded

0

0

0

0

0

0

Request abandoned

0

0

0

0

0

0

Neither confirmed nor denied

0

0

0

0

0

0

Declined to act with the approval of the Information Commissioner

0

0

0

0

0

0

Total

7

31

0

0

0

0

4.5.7 Other complexities

Disposition

Consultation required

Legal advice sought

Other

Total

All disclosed

11

0

0

11

Disclosed in part

130

0

3

133

All exempted

3

0

0

3

All excluded

1

0

0

1

Request abandoned

2

0

0

2

Neither confirmed nor denied

0

0

0

0

Declined to act with the approval of the Information Commissioner

0

0

0

0

Total

147

0

3

150

4.6 Closed requests

4.6.1 Number of requests closed within legislated timelines

 

Requests closed within legislated timelines

Number of requests closed within legislated timelines

430

Percentage of requests closed within legislated timelines (%)

73.96

4.7 Deemed refusals

4.7.1 Reasons for not meeting legislated timelines

Number of requests closed past the legislated timelines

Principal Reason

Interference with operations/workload

External consultation

Internal consultation

Other

150

71

41

5

33

4.7.2 Requests closed beyond legislated timelines (including any extension taken)

Number of days past legislated timelines

Number of requests past legislated timeline where no extension was taken

Number of requests past legislated timeline where an extension was taken

Total

1 to 15 days

14

7

21

16 to 30 days

4

3

7

31 to 60 days

4

7

11

61 to 120 days

10

17

27

121 to 180 days

1

7

8

181 to 365 days

3

19

22

More than 365 days

16

38

54

Total

52

98

150

4.8 Requests for translation

Translation Requests

Accepted

Refused

Total

English to French

0

0

0

French to English

0

0

0

Total

0

0

0

Section 5: Extensions

5.1 Reasons for extensions and disposition of requests

Disposition of Requests Where an Extension Was Taken

9(1)(a)

Interference With Operations/ Workload

9(1)(b)

Consultation

9(1)(c)

Third-Party Notice

Section 69

Other

All disclosed

4

1

5

5

Disclosed in part

61

22

67

82

All exempted

2

0

2

1

All excluded

3

6

0

2

Request abandoned

6

0

2

4

No records exist

4

0

2

1

Declined to act with the approval of the Information Commissioner

0

0

0

0

Total

80

29

78

95

5.2 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

41

0

10

2

31 to 60 days

8

1

27

40

61 to 120 days

20

14

14

29

121 to 180 days

7

2

14

11

181 to 365 days

4

12

13

11

365 days or more

0

0

0

2

Total

80

29

78

95

Section 6: Fees

Fee Type

Fee Collected

Fee Waived

Fee Refunded

Number of
Requests

Amount

Number of
Requests

Amount

Number of
Requests

Amount

Application

537

$2,685.00

53

$265.00

2

$10.00

Other fees

0

$0.00

0

$0.00

0

$0.00

Total

537

$2,685.00

53

$265.00

2

$10.00

Section 7: Consultations received from other institutions and organizations

7.1 Consultations received from other Government of Canada institutions and other organizations

Consultations

Other Government of Canada Institutions

Number of Pages to Review

Other Organizations

Number of Pages to Review

Received during reporting period

168

5,938

26

4,514

Outstanding from the previous reporting period

29

1,213

2

27

Total

197

7,151

28

4,541

Closed during the reporting period

180

5,970

27

3,765

Carried over within negotiated timelines

13

963

1

776

Carried over beyond negotiated timelines

4

218

0

0

7.2 Recommendations and completion time for consultations received from other Government of Canada 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

13

37

20

9

0

0

1

80

Disclose in part

4

8

12

16

1

1

3

45

Exempt entirely

0

0

0

1

0

0

0

1

Exclude entirely

0

0

2

0

0

0

0

2

Consult other institution

7

22

11

4

3

1

0

48

Other

2

1

1

0

0

0

0

4

Total

26

68

46

30

4

2

4

180

7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada

Recommendations

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

6

8

1

0

0

0

0

15

Disclose in part

2

0

0

2

0

2

0

6

Exempt entirely

0

0

0

0

0

0

0

0

Exclude entirely

0

0

0

0

0

0

0

0

Consult other institution

2

3

1

0

0

0

0

6

Other

0

0

0

0

0

0

0

0

Total

10

11

2

2

0

2

0

27

Section 8: Completion time of consultations on Cabinet confidences

8.1 Requests with Legal Services

Number of Days

Fewer Than 100
Pages Processed

100‒500
Pages Processed

501‒1,000
Pages Processed

1,001‒5,000
Pages Processed

More Than 5,000
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

3

34

0

0

0

0

0

0

0

0

16 to 30

2

51

0

0

0

0

0

0

0

0

31 to 60

4

50

0

0

0

0

0

0

0

0

61 to 120

15

195

3

143

0

0

0

0

0

0

121 to 180

0

0

0

0

1

389

0

0

0

0

181 to 365

1

0

0

0

0

0

0

0

0

0

More than 365

0

0

0

0

0

0

0

0

0

0

Total

25

330

3

143

1

389

0

0

0

0

8.2 Requests with Privy Council Office

Number of Days

Fewer Than 100
Pages Processed

100‒500
Pages Processed

501‒1,000
Pages Processed

1,001‒5,000
Pages Processed

More Than 5,000
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

Section 9: Investigations and reports of finding

9.1 Investigations

Section 32

Notice of intention to investigate

Subsection 30(5)

Ceased to investigate

Section 35

Formal representations

52

32

34

9.2 Reports of finding

Section 37(1) Initial Reports

Section 37(2) Final Reports

Received

Containing recommendations issued by the Information Commissioner

Containing orders issued by the Information Commissioner

Received

Containing recommendations issued by the Information Commissioner

Containing orders issued by the Information Commissioner

21

3

18

16

1

10

Section 10: Court actions

10.1 Court actions on complaints

Section 41

Complainant (1)

Institution (2)

Third Party (3)

Privacy Commissioner (4)

Total

1

0

0

0

1

10.2 Court actions on third party notifications under paragraph 28(1)(b)

Section 44 - under paragraph 28(1)(b)

1

Section 11: Resources related to the Access to Information Act

11.1 Allocated Costs

Expenditures

 

Amount

Salaries

 

$2,184,480

Overtime

 

$17,506

Goods and Services

 

$864,928

  • Professional services contracts

$619,899

 
  • Other

$245,029

Total

$3,066,914

11.2 Human Resources

Resources

Person Years Dedicated to Access to Information Activities

Full-time employees

25.670

Part-time and casual employees

1.000

Regional staff

0.000

Consultants and agency personnel

2.700

Students

0.000

Total

29.370

 

Annex B: Supplemental statistical report

Supplemental statistical report on the Access to Information Act and Privacy Act

Name of institution: Transport Canada

Reporting period: April 1, 2022 to March 31, 2023

Section 1: Capacity to receive requests under the Access to Information Act and the Privacy Act

             

Number of Weeks

Able to receive requests by mail

52

Able to receive requests by email

52

Able to receive requests through the digital request service

52

Section 2: Capacity to process records under the Access to Information Act and the Privacy Act

2.1 Number of weeks Transport Canada was able to process paper records in different classification levels

 

No Capacity

Partial Capacity

Full Capacity

Total

Unclassified Paper Records

0

6

46

52

Protected B Paper Records

0

6

46

52

Secret and Top-Secret Paper Records

0

6

46

52

2.2 Number of weeks Transport Canada was able to process electronic records in different classification levels

 

No Capacity

Partial Capacity

Full Capacity

Total

Unclassified Electronic Records

0

0

52

52

Protected B Electronic Records

0

0

52

52

Secret and Top-Secret Electronic Records

0

6

46

52

Section 3: Open requests and complaints under the Access to Information Act

3.1 Number of open requests that are outstanding from previous reporting periods

Fiscal Year Open Requests Were Received

Open Requests that are Within Legislated Timelines as of March 31, 2023

Open Requests that are Beyond Legislated Timelines as of March 31, 2023

Total

Received in 2022-2023

82

122

204

Received in 2021-2022

6

122

128

Received in 2020-2021

0

77

77

Received in 2019-2020

0

102

102

Received in 2018-2019

0

32

32

Received in 2017-2018

2

23

25

Received in 2016-2017

0

11

11

Received in 2015-2016

0

4

4

Received in 2014-2015

0

0

0

Received in 2013-2014 or earlier

0

0

0

Total

90

493

583

3.2 Number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods

Fiscal Year Open Complaints Were Received by Institution

Number of Open Complaints

Received in 2022-2023

37

Received in 2021-2022

14

Received in 2020-2021

25

Received in 2019-2020

6

Received in 2018-2019

4

Received in 2017-2018

2

Received in 2016-2017

0

Received in 2015-2016

0

Received in 2014-2015

2

Received in 2013-2014 or earlier

0

Total

90

Section 4: Open requests and complaints under the Privacy Act

4.1 Number of open personal information requests that are outstanding from previous reporting periods

Fiscal Year Open Requests Were Received

Open Requests that are Within Legislated Timelines as of March 31, 2023

Open Requests that are Beyond Legislated Timelines as of March 31, 2023

Total

Received in 2022-2023

8

13

21

Received in 2021-2022

0

3

3

Received in 2020-2021

0

2

2

Received in 2019-2020

0

1

1

Received in 2018-2019

0

0

0

Received in 2017-2018

0

0

0

Received in 2016-2017

0

0

0

Received in 2015-2016

0

0

0

Received in 2014-2015

0

0

0

Received in 2013-2014 or earlier

0

0

0

Total

8

19

27

4.2 Number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods

Fiscal Year Open Complaints Were Received by Institution

Number of Open Complaints

Received in 2022-2023

5

Received in 2021-2022

4

Received in 2020-2021

1

Received in 2019-2020

0

Received in 2018-2019

0

Received in 2017-2018

0

Received in 2016-2017

0

Received in 2015-2016

0

Received in 2014-2015

0

Received in 2013-2014 or earlier

0

Total

10

Section 5: Social insurance number

Has your institution begun a new collection or new consistent use of the SIN in 2022–2023?

No

Section 6: Universal access under the Privacy Act

How many requests were received from confirmed foreign nationals outside of Canada in 2022–2023?

0

Annex C: Delegation Order

Access to Information Act and Privacy Act delegation

The Minister of Transport, pursuant to subsection 95(1) of the Access to Information Act and subsection 73(1) of the Privacy Act, delegates the persons holding the positions set out in the attached schedule, including persons designated to act in their absence, to exercise the powers, duties and functions of the Minister of Transport as the head of the Department of Transport, under the provisions of these Acts and related Regulations Footnote 1, set out in the attached schedule opposite each position.

This delegation replaces all previous designations.

Dated at the City of Ottawa, in the Province of Ontario, this 30th day of March, 2021.

Omar Alghabra
Minister of Transport

Schedule

Position

Access to Information Act and regulations

Privacy Act and regulations

Deputy Minister

Full authority

Full authority

Associate Deputy

Minister

Full authority

Full authority

Assistant Deputy Minister, Corporate Services, and Chief Financial Officer

 

Full authority

Full authority

Director, ATIP

Full authority

Full authority except:

PA: 8(2)(m)

Managers, ATIP

Full authority except:

ATIA: 6.1(1)

Full authority except:

PA: 8(2)(j) and 8(2)(m)

Senior ATIP Advisors (PM-05)

ATIA: 7(a), 8(1), 9, 19, 27(1), 33, and 43(1)

PA: 14(a), 15, and 26