Annual report to Parliament on the administration of the Access to Information Act

Introduction

The purpose of the Access to Information Act

The Access to Information Act (the Act) provides Canadian citizens and permanent residents of Canada a right of access to information contained in federal government records subject to certain specific and limited exceptions. Section 72 of the Act requires the Minister of Transport to submit an annual report to Parliament on the administration of the Act following the close of each fiscal year. This report is prepared in accordance with section 72 of the Access to Information Act and section 20 of the Service Fees Act. The report describes how Transport Canada (TC) fulfilled its responsibilities and obligations during the 2018 to 2019 fiscal year.

About Transport Canada

TC is responsible for developing and overseeing the Government of Canada’s transportation policies and programs so that Canadians can have access to a safe, secure, innovative and integrated transportation system that promotes trade, economic growth and a cleaner environment.

For more information about Transport Canada, visit the website.

Organizational structure

The Access to Information and Privacy (ATIP) Branch is part of the Corporate Services Group. The Director of the ATIP Branch is the ATIP Coordinator for TC. Consistent with best practices identified by the Treasury Board of Canada Secretariat (TBS)^{Footnote 1}, TC’s ATIP Coordinator is positioned within three levels of the Minister. The Coordinator reports to the Assistant Deputy Minister (ADM), Corporate Services, and Chief Financial Officer (CFO), who in turn reports to the Deputy Minister.

The ATIP Coordinator has full delegated authority, with the exception of privacy disclosures in the public interest, pursuant to section 8(2)(m) of the Privacy Act. This delegation is given to the Deputy Minister, the Associate Deputy Minister and the ADM, Corporate Services and CFO.

The ATIP Branch works closely with departmental ATIP liaison officers who are the main point of contact between the ATIP Branch and subject matter experts. They are responsible for ensuring that requests tasked to their Group or region are handled promptly and that relevant records are forwarded to the ATIP Branch within provided timelines.

The ATIP Branch is comprised of two units: the Operations Unit is dedicated to access to information activities while the Policy and Privacy Unit’s activities include both access to information and privacy. Each unit is headed by a Chief. Overall, 19.38 person-years were dedicated to access to information activities as of March 31, 2019.

Delegation Order

Responsibilities associated with the administration of the Access to Information Act are delegated to departmental officials through a delegation order signed by the Minister of Transport (see Annex A for the signed Delegation Order).

Highlights of the 2018 to 2019 statistical report

This section highlights key information on the department’s performance for fiscal year 2018 to 2019. See Annex B for the complete Statistical Report and Annex C for details of the new exemptions under the Access to Information Act.

Requests under the Access to Information Act

In the 2018 to 2019 fiscal year, TC received 1076 Access to Information requests which is an increase from the 937 received the previous year. In addition, 414 requests were carried over from the previous year for a total of 1490 requests on hand in 2018 to 2019. As of March 31, 2019, the ATIP Branch was carrying over 410 requests to the 2019 to 2020 fiscal year.

Of the 1490 requests on hand, 1080 were completed during the reporting period, which represents a 73% completion rate. This is an improvement compared to the 70% completion rate the previous year. In addition, the Branch received several requests from internal clients. For example, nine internal administrative or audit reports were received for review, many were complex and contributed to an increase in the workload of the Branch.

Sources of requests

Requesters were asked to identify themselves according to a specific requester category. Of those who identified themselves, the three most frequent categories were the media (37% of the total, an increase from 23% the previous year); business or private sector (21% of the total, a decrease from 25% the previous year); and the public (20% of the total, a decrease from 26% the previous year).

Requests completed during the reporting period

The number of requests completed within 30 days increased from 46% to 57% between 2017 to 2018 and 2018 to 2019, TC’s best performance of the past five years. The amount of time it takes to close files can be an indication of the volume of records, complexity of files and availability of resources. In addition, during the reporting period, the ATIP Branch completed more late files from the backlog of previous years, resulting in an increase in the average number of days to process a request.

Requests completed within 30 days
2014 to 2015	2015 to 2016	2016 to 2017	2017 to 2018	2018 to 2019
41%	34%	42%	46%	57%

Average days required to process a request
2014 to 2015	2015 to 2016	2016 to 2017	2017 to 2018	2018 to 2019
102	82	90	75	117

Exemptions

TC makes every effort to disclose as much information as possible and uphold the spirit of the Act. Sections 13 through 26 of the Act were applied for exemptions to protect information pertaining to a particular public or private interest. The majority of exemptions invoked by TC fell under three sections of the Act: Section 19, which protects personal information, was used in 340 cases; section 20(1), which protects a third party’s information, was used in 339 cases; and Section 21(1), which is related to the operations of government, was used in 465 cases.

Exclusions

Pursuant to section 68, the Act does not apply to material that is published or available for purchase, library or museum material preserved solely for public record, and material deposited with Library and Archives Canada. This exclusion was invoked seven times.

Records considered to be confidences of the Queen's Privy Council of Canada are excluded pursuant to section 69 of the Act. TC’s ATIP Branch consulted with its Departmental Legal Services Unit (DLSU) in all instances where information that may qualify as a Cabinet confidence had been identified in response to a request under the Act.

Deemed refusals

Within the 2018 to 2019 fiscal year, 876 requests (81%) were completed within the statutory deadline. This result reflects TC’s commitment to ensuring that every reasonable effort is made to complete requests in a timely manner and to meet its obligations to requesters. Workload, staff turnover and challenges in obtaining relevant records in a timely manner were cited as the primary reasons for completing requests past the statutory deadline.

Extensions

The Access to Information Act allows departments to extend the legislated deadline if the request cannot be completed within the legislated 30-day time limit due to specific circumstances. In total, 541 extensions were taken in the reporting year. This is a 9% decrease compared to the previous year. The average number of days taken to process a request increased since the previous reporting year, from 75 days compared to 117 days, mainly due to late files in the backlog being completed during the reporting period.

When extensions were taken beyond 30 days, the ATIP Branch notified both the Office of the Information Commissioner of Canada (OIC) and the requester.

Consultations received from other government institutions and organizations

TC received 284 consultations from other Government of Canada institutions during the reporting period, in addition to 28 consultations that were carried over from the previous year. Of those 312 consultations in total, 252 consultations (81%) were completed during the reporting period and 60 were carried forward into the next fiscal year.

There were eight consultations received from organizations other than Government of Canada institutions, and there was one carried over from the previous year. Of the nine, four were completed during the reporting period and five were carried over into the next fiscal year. The four consultations were completed within 60 days.

Complaints and investigations

Requesters can submit a complaint to the OIC on the processing of their request. In the 2018 to 2019 reporting year, 28 complaints were received which is a 49% decrease from the 53 complaints received in the previous fiscal year.

When the OIC receives a complaint, it conducts an investigation. There were 61 investigations concluded during the reporting period.

Complaints
Complains	2014 to 2015	2015 to 2016	2016 to 2017	2017 to 2018	2018 to 2019
Received	85	57	86	53	28
Closed	61	29	59	89	61

Court action

During 2018 to 2019, three new applications were made before the Federal Court pursuant to section 44 of the Act. In each of these cases, a third party was seeking a review of TC’s decision to disclose information concerning that third party. Of these three, two are ongoing and one was discontinued.

Fees

The five dollar application fee was collected for 856 requests. This resulted in total revenue of $4,280. In accordance with the Interim Directive on the Administration of the Access to Information Act, issued on May 5, 2016, Transport Canada waives all fees prescribed by the Act and Regulations, other than the $5 application fee set out in paragraph 7(1)(a) of the Regulations. Fees were waived or refunded for 220 requests representing a total of $1,100. Seventy percent of the ATIP Branch’s budget was dedicated to salaries and other operating costs to treat Access to Information requests, for a total of $1.5 million.

Training and awareness

Throughout 2018 to 2019, efforts continued to strengthen the ATIP training program in order to reach a broad audience, both in the National Capital Region and regional offices. Training materials were improved and updated based on feedback from employees participating in various training sessions. Training sessions were delivered in person or by video conference. These sessions provided TC employees with information on ATIP, expectations for the retrieval and reviewing of records, and correctly completing the Office of Primary Interest Return Forms. The ATIP Director and a Chief conducted training in the Atlantic and Quebec regions. When requested, ATIP training was delivered in venues such as all-staff meetings and small groups.

Policies, guidelines, procedures and initiatives

Departmental ATIP procedures manuals were maintained and updated in order to ensure consistent and efficient practices by all ATIP employees. The manuals are “evergreen” electronic documents which are updated whenever new policies are implemented or existing ones are revised.

A new procedure was developed for sending advance notifications to the Communications and Executive Office groups within Transport Canada as well as liaison officers. This procedure was developed to enhance efficiency and become more paperless. It provided an easier method of sending a proposed response package to numerous individuals and to make them aware prior to its release.

New monitoring procedures were also implemented in the Branch such as the Three Weeks Look Ahead reports and other weekly meetings which helped improve the department’s performance for responding to requests within legislated timelines.

Summary of key issues and actions taken on complaints

Major issues identified in complaints included alleged missing records, disagreements on exemptions, and time delays. The TC ATIP Branch resolved 61 complaints in collaboration with the OIC. In order to effectively treat complaints, and the backlog of complaints, specific actions were taken within the ATIP Branch, including collaboration between management and the OIC on a regular basis in an effort to meet deadlines and commitments. In addition, a role of liaison officer with the OIC was created within the Branch which helped foster communication and actions taken between the ATIP office and the OIC and ensured timely responses to the OIC. This involved coordinating, managing and organizing complaints and communicating with the OIC. Bi-weekly meetings were also held with the ATIP Director to ensure files were advancing according to committed timelines.

Greater engagement occurred within the Department to provide documents in a timely manner. Overall, continuous improvement in the area of complaints resulted in a decrease by half of the number of new complaints received in comparison to the previous fiscal year.

Monitoring compliance

The ATIP Branch engages departmental officials at various levels in order to ensure the timely and accurate processing of ATIP requests. In November 2018, a presentation on departmental compliance and improvements was given to the Department’s Senior Management Committee. The ATIP Director met regularly with Chiefs and team leaders to review on-time performance.

Analysts were trained to review Access Pro Case Management, the specialized software used to track and process requests, on a daily basis in order to track timeframes for requests under their responsibility. This was supplemented with regular bilateral meetings between managers and analysts to provide guidance and ensure compliance.

Various reports were prepared to assist in tracking the status of requests. The ATIP Three Weeks Look Ahead Reports were provided to Branch staff to remind them of requests coming due within three weeks in order to assure that legislated timelines were met. In addition, statistical reports were provided to the ATIP Branch and the ADM, Corporate Services and CFO, on a weekly basis. With these measures, departmental on-time performance was 81% of requests completed on time.

Annex A: Delegation Order

Access to Information Act and Privacy Act designation

The Minister of Transport, pursuant to section 73 of the Access to Information Act ("ATIA") and section 73 of the Privacy Act ("PA"), hereby designates the persons holding the positions set out in the attached schedule, or the persons occupying those positions on an acting basis, 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 2}, set out in the attached schedule opposite each position.

This designation replaces all previous designations.

Dated at the City of Ottawa, in the Province of Ontario, this 10 day of March, 2016.

Marc Garneau
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)
Chiefs, ATIP	Full authority	Full authority except: PA: 8(2)(j) and 8(2)(m)
Senior ATIP Analysts (Team Leaders)	ATIA: 7(a), 8(1), 11(2), 11(3), 11(4), 11(5), 27(1), 33, and 43(1)	PA: 14(a)
ATIP Analysts	ATIA: 7(a)	PA: 14(a)

Annex B: Transport Canada’s statistical report on the Access to Information Act

Statistical report on the Access to Information Act

Name of institution: Transport Canada
Reporting period: April 1, 2018 to March 31, 2019

Part 1: Requests under the Access to Information Act

1.1 Number of requests

	Number of requests
Received during reporting period	1076
Outstanding from previous reporting period	414
Total	1490
Closed during reporting period	1080
Carried over to next reporting period	410

1.2 Sources of requests

Source	Number of requests
Media	396
Academia	23
Business (private sector)	228
Organization	65
Public	214
Decline to identify	150
Total	1076

1.3 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
12	14	39	37	32	52	24	210

Part 2: Requests closed during the reporting period

2.1 Disposition and completion time

Disposition of requests	Completion time
Disposition of 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
All disclosed	15	100	34	13	4	8	1	175
Disclosed in part	43	150	84	105	46	27	43	498
All exempted	0	2	1	0	1	1	0	5
All excluded	1	3	0	0	0	1	0	5
No records exist	55	88	7	8	2	2	0	162
Request transferred	12	1	0	0	0	0	0	13
Request abandoned	97	44	2	4	3	10	61	221
Neither confirmed nor denied	1	0	0	0	0	0	0	1
Total	224	388	128	130	56	49	105	1,080

2.2 Exemptions

Section	Number of requests
13(1)(a)	19
13(1)(b)	9
13(1)(c)	10
13(1)(d)	5
13(1)(e)	4
14	11
14(a)	9
14(b)	6
15(1)	47
15(1) - I.A.^{Footnote *}	57
15(1) - Def.^{Footnote *}	10
15(1) - S.A.^{Footnote *}	12
16(1)(a)(i)	4
16(1)(a)(ii)	2
16(1)(a)(iii)	1
16(1)(b)	8
16(1)(c)	27
16(1)(d)	1
16(2)	25
16(2)(a)	0
16(2)(b)	0
16(2)(c)	98
16(3)	3
16.1(1)(a)	0
16.1(1)(b)	0
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	3
17	1
18(a)	8
18(b)	15
18(c)	2
18(d)	6
18.1(1)(a)	1
18.1(1)(b)	0
18.1(1)(c)	1
18.1(1)(d)	3
19(1)	340
20(1)(a)	6
20(1)(b)	161
20(1)(b.1)	8
20(1)(c)	112
20(1)(d)	52
20.1	0
20.2	0
20.4	0
21(1)(a)	179
21(1)(b)	202
21(1)(c)	69
21(1)(d)	15
22	8
22.1(1)	1
23	111
24(1)	30
26	6

2.3 Exclusions

Section	Number of requests
68(a)	7
68(b)	0
68(c)	0
68.1	0
68.2(a)	0
68.2(b)	0
69(1)	2
69(1)(a)	0
69(1)(b)	0
69(1)(c)	0
69(1)(d)	1
69(1)(e)	0
69(1)(f)	1
69(1)(g) re (a)	12
69(1)(g) re (b)	0
69(1)(g) re (c)	6
69(1)(g) re (d)	1
69(1)(g) re (e)	2
69(1)(g) re (f)	1
69.1(1)	0

2.4 Format of information released

Disposition	Paper	Electronic	Other formats
All disclosed	57	116	2
Disclosed in part	144	353	1
Total	201	469	3

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	10,885	10,315	175
Disclosed in part	124,912	86,536	498
All exempted	1675	0	5
All excluded	29	0	5
Request abandoned	42,207	25,819	221
Neither confirmed nor denied	0	0	1

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
Disposition	Number of requests	Pages disclosed	Number of requests	Pages disclosed	Number of requests	Pages disclosed	Number of requests	Pages disclosed	Number of requests
All disclosed	168	3,239	5	1,039	1	576	0	0	1	5,461
Disclosed in part	347	6,577	107	18,943	20	10,237	20	24,742	4	26,037
All exempted	3	0	1	0	0	0	1	0	0	0
All excluded	5	0	0	0	0	0	0	0	0	0
Request abandoned	182	328	14	1,368	11	3,479	14	20,644	0	0
Neither confirmed nor denied	1	0	0	0	0	0	0	0	0	0
Total	706	10,144	127	21,350	32	14,292	35	45,386	5	31,498

2.5.3 Other complexities
Disposition	Consultation required	Assessment of fees	Legal advice sought	Other	Total
All disclosed	23	0	1	53	77
Disclosed in part	196	0	3	187	386
All exempted	2	0	0	2	4
All excluded	0	0	0	2	4
Request abandoned	45	2	0	78	125
Neither confirmed nor denied	0	0	0	0	0
Total	266	2	4	323	595

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of requests closed past the statutory deadline	Principal reason
Number of requests closed past the statutory deadline	Workload	External consultation	Internal consultation	Other
204	139	25	6	34

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	11	22	33
16 to 30 days	2	4	6
31 to 60 days	8	7	15
61 to 120 days	8	11	19
121 to 180 days	5	7	12
181 to 365 days	9	31	40
More than 365 days	20	59	79
Total	63	141	204

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
Disposition of requests where an extension was taken	9(1)(a) Interference with operations	Section 69	Other	9(1)(c) Third-party notice
All disclosed	21	2	11	11
Disclosed in part	186	8	95	86
All exempted	2	0	1	0
All excluded	1	0	2	0
No records exist	0	0	0	0
Request abandoned	62	6	24	27
Total	272	12	133	124

3.2 Length of extensions

Length of extensions	9(1)(a) Interference with operations	9(1)(b) Consultation		9(1)(c) Third-party notice
Length of extensions	9(1)(a) Interference with operations	Section 69	Other	9(1)(c) Third-party notice
30 days or less	163	4	28	24
31 to 60 days	48	2	60	67
61 to 120 days	35	5	40	26
121 to 180 days	15	1	3	5
182 to 365 days	8	0	2	2
365 days or more	3	0	0	0
Total	272	12	133	124

Part 4: Fees

Fee type	Fee collected		Fee waived or refunded
Fee type	Number of requests	Amount	Number of requests	Amount
Application	856	$4,280	220	$1,100
Search	0	$0	0	$0
Production	0	$0	0	$0
Programming	0	$0	0	$0
Preparation	0	$0	0	$0
Alternative format	0	$0	0	$0
Reproduction	0	$0	0	$0
Total	856	$4,280	220	$1,100

Part 5: Consultations received from other institutions and organizations

5.1 Consultations received from other Government of Canada institutions and organizations

Consultations	Other Government of Canada institutions	Number of pages to review	Other organizations	Number of pages to review
Received during reporting period	284	6,828	8	103
Outstanding from the previous reporting period	28	7,708	1	3
Total	312	14,536	9	106
Closed during the reporting period	252	13,329	4	8
Pending at the end of the reporting period	60	1,207	5	98

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

Recommendation	Number of days required to complete consultation requests
Recommendation	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	42	58	32	8	1	1	0	142
Disclose in part	10	20	30	14	0	0	1	75
Exempt entirely	0	0	0	1	0	0	0	1
Exclude entirely	0	2	1	0	0	1	0	4
Consult other institution	0	5	8	2	1	0	1	17
Other	6	2	0	0	0	0	5	13
Total	58	87	71	25	2	2	7	252

5.3 Recommendations and completion time for consultations received from other organizations

Recommendation	Number of days required to complete consultation requests
Recommendation	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	0	2	0	0	0	0	0	2
Disclose in part	0	1	0	0	0	0	0	1
Exempt entirely	0	0	0	0	0	0	0	0
Exclude entirely	0	0	0	0	0	0	0	0
Consult other institution	0	0	0	0	0	0	0	0
Other	1	0	0	0	0	0	0	1
Total	1	3	0	0	0	0	0	4

Part 6: Completion time of consultations on cabinet confidences

6.1 Requests with Legal Services

Number of days	Fewer than 100 pages processed		101-500 Pages processed		501-1000 Pages processed		1001-5000 Pages processed		More than 5000 pages processed
Number of days	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	2	17	1	105	0	0	0	0	0	0
61 to 120	8	69	1	2	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	10	86	2	107	0	0	0	0	0	0

6.2 Requests with Privy Council Office

Number of days	Fewer than 100 pages processed		101-500 Pages processed		501-1000 Pages processed		1001-5000 Pages processed		More than 5000 pages processed
Number of days	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

Part 7: Complaints and investigations

Section 32	Section 35	Section 37	Total
28	22	30	80

Part 8: Court action

Section 41	Section 42	Section 44	Total
0	0	3	3

Part 9: Resources related to the Access to Information Act

9.1 Costs

Expenditures	Amount
Salaries	$1,240,163
Overtime	$11,847
Goods and Services Professional services contracts: $186,940 Other: $65,056	$251,996
Total	$1,504,006

9.2 Human Resources

Resources	Person years dedicated to Access to Information activities^{Footnote 3}
Full-time employees	17.42
Part-time and casual employees	1.40
Regional staff	0
Consultants and agency personnel	0
Students	0.56
Total	19.38

Annex C: Details of the new exemptions under the Access to Information Act

Description	Access to Information Act	Number of requests
Fair Elections Act, 2014, c. 12, s. 146 (in force 2016-04-01 see SI/2014-75)	16.31 Subject to section 541 of the Canada Elections Act, the Director of Public Prosecutions may refuse to disclose any record requested under this Act that contains information that was obtained or created by or on behalf of a person who conducts an investigation, examination or review in the performance of the functions of the Commissioner of Canada Elections under the Canada Elections Act.	0
National Security and Intelligence Committee of Parliamentarians Act, 2017, c. 15, s. 35 (in force 2017-10-06 see SI/2017-63)	16.6 The Secretariat of the National Security and Intelligence Committee of Parliamentarians shall refuse to disclose any record requested under this Act that contains information obtained or created by it or on its behalf in the course of assisting the National Security and Intelligence Committee of Parliamentarians in fulfilling its mandate.	0
Budget Implementation Act, 2018, No. 2, 2018, c. 27, s. 273 (in force on assent 2018-12-13)	Protected information — patents and trade-marks 23.1 The head of a government institution may refuse to disclose any record requested under this Act that contains information that is subject to the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trade-marks Act.	0

Note: These exemptions were not invoked in the reporting period.