Annual Report on the Access to Information Act 2020-2021

Table of Contents

1 Introduction

The Access to Information Act (the Act) came into force on July 1, 1983. The purpose of the Act is to enhance the accountability and transparency of federal government institutions in order to promote an open and democratic society and enable public debate on the conduct of those institutions. As part of that purpose, the Act provides a right of access to information found in records under the control of a government institution, in accordance with the following principles:

The Public Prosecution Service of Canada (PPSC) became subject to the Act when it was established as an independent organization on December 12, 2006, with the coming into force of the Director of Public Prosecutions Act (Part 3 of the Federal Accountability Act).

Pursuant to section 94 of the Access to Information Act and section 20 of the Service Fees Act, this 2020-2021 Annual Report on the Act has been prepared for tabling in the House of Commons and the Senate. This Report provides an analysis of the information contained in the PPSC's Statistical Report on the Act. In addition, it reports on emerging trends, training activities, internal policies, guidelines, and procedures with respect to the PPSC's administration of the Act.

2 The Public Prosecution Service of Canada

The PPSC's mandate is set out in the Director of Public Prosecutions Act (DPPA). The DPPA empowers the Director of Public Prosecutions (DPP), as Deputy Attorney General of Canada, to:

The DPPA also empowers the DPP to:

The DPP has the rank and status of a deputy head of a department and, in this capacity, is responsible for the management of the PPSC as a distinct government institution.

3 The ATIP Office

The ATIP Office holds primary responsibility for the implementation and administration of the Access to Information Act, along with the Privacy Act (collectively known as ATIP). The Office deals directly with the public in relation to access to information requests, liaises with Offices of Primary Interest (the subject matter experts) to prepare responses, and serves as the centre of ATIP expertise within the PPSC.

The ATIP Office fulfills its responsibilities by:

3.1 Organizational structure

As of February 2021, the Director General, Communications and Parliamentary Affairs (CPA), acts as the PPSC's ATIP Coordinator. This role was held previously by the Executive Director, Corporate Planning and External Relations Division.

During the period from April 1, 2020, to March 31, 2021, the ATIP Office comprised a Manager, two Senior Advisors, two Advisors, and an ATIP Officer.

The following chart outlines the organizational structure of the ATIP Office on March 31, 2021:

Figure 1: Organizational structure
Organizational Chart of Access to Information and Privacy Governance Structure
Text Version

Figure 1: Organizational structure

4 Delegated authorities

Pursuant to subsection 95(1) of the Act, the head of a government institution may designate one or more officers or employees of that institution, by order, to exercise or perform any of the powers, duties, or functions of the head of the institution under the Act.

The DPP, as the "head of institution," has designated this authority to the Director General, CPA, as well as the Senior Director General, Corporate Services, and the ATIP Manager (Delegation Order in Appendix A). The ATIP Manager exercises this authority in the absence of the Director General, CPA. The Senior Director General, Corporate Services, exercises this authority in the absence of both the Director General, CPA, and the ATIP Manager.

5 Performance

The following section provides an overview of key data on the PPSC's performance for the fiscal year, as reflected in the 2020-2021 Statistical Report on the Act in Appendix B of this report.

5.1 Requests received under the Access to Information Act

5.1.1 Number of requests

For the first reporting period ever, the PPSC completely received all of its access to information requests online.

This could be a consequence of the pandemic, where most business moved online, but it is also part of a larger trend of an increasingly digital ATIP service.

The PPSC received 33 formal access to information requests in 2020-2021, 30% fewer requests than in fiscal year 2019-2020. The decline in requests received by the PPSC, as a prosecutorial body, could be attributed to the dedicated attention of the media and the general public on the unfolding COVID-19 pandemic as well as significantly reduced activities within the court system during the first lockdowns that were implemented across the country.

Additionally, three (3) requests were carried over from the previous fiscal year. Altogether, the PPSC had 36 requests to process in 2020-2021.

Since its creation in December 12, 2006, the PPSC has received 468 access to information requests in total. Despite the current reporting period and some fluctuations throughout, the overall number of requests received each fiscal year has continued to increase.

The following chart illustrates this trend:

Figure 2: Requests received since 2006
Requests received since 2006

Note: As the PPSC was created on December 12, 2006, data for 2006-2007 only reflects a three-month period. Additionally, since 2014-2015, the number of requests received no longer includes those that are treated informally. These requests are now reported separately as informal requests.

Figure 2: Requests received since 2006 - Text Version
Requests received since 2006
2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
3 11 15 18 33 24 29 44 38 31 45 43 54 47 33

5.1.2 Subject matter

The subject matter of the 33 requests received in 2020-2021 was varied and often involved overlapping categories. However, a few key themes can be observed:

5.1.3 Sources

During the 2020-2021 fiscal period, 36% of the 33 requests received were from the media. Similarly, the majority of requests received in the previous two fiscal years were also from the media. This continues to be a sharp departure from the general trend of earlier reporting periods, where the greatest proportion of the PPSC's requests typically originated from the general public. This shift could be attributed to sustained media attention on the organization in light of recent prosecutions.

The following chart shows the distribution of all requests received in 2020-2021 by source:

Figure 3: Sources of received requests
Sources of received requests

Note: Each percentage has been rounded to the nearest whole value. For this reason, the percentages set out in the chart do not add up to an exact 100%.

Figure 3: Sources of received requests - Text Version
Sources of received requests
Media Academia Business Public Decline to identify
36% 15% 9% 21% 18%

5.1.4 Informal requests

An informal request is any request for information made to the ATIP Office of a government institution that is not processed under the Act. Fees cannot be charged for informal requests and there are no deadlines for response. Additionally, the applicant has no statutory right of complaint to the OIC.

The PPSC receives the majority of informal requests through the online Open Government Portal, where the PPSC publishes a monthly summary of completed access to information requests. Applicants have the ability to submit an informal request through the Portal for any records that were released in response to completed requests.

In the previous two (2) fiscal years, before the onset of the pandemic, the PPSC received more informal requests than formal.

Applicants are becoming familiar with the range of government tools that are available for accessing information under the organization's control.

During the 2020-2021 fiscal period, the PPSC received and responded to 12 informal requests, significantly less than the 66 requests in 2019-2020. As with the formal requests, this decrease could be attributed to focussed attention on the pandemic as well as the early court closures.

The PPSC responded to all of its informal requests within the first 15 days of receipt.

Throughout the fiscal year, the ATIP Office also prepared responses to Parliamentary Questions as well as provided advice and recommendations to PPSC employees regarding various reports on audits, workplace violence investigations, and information to be proactively published. The ATIP Office reviewed these reports to ensure that sensitive information, such as solicitor-client privileged and personal information, was identified and protected prior to publication or disclosure to the relevant parties.

5.2 Requests closed during the fiscal year

5.2.1 Disposition of requests

The PPSC responded to 28 formal access to information requests, which is 78% of the 36 requests that were received in 2020-2021 or carried forward from 2019-2020. This is 55% fewer requests than the 62 closed in the previous period and less than the average closure rate of 82% over the last five (5) fiscal years.

While the decrease in requests closed in 2020-2021 could be due to the effects of pandemic restrictions on ATIP operations, the number of pages processed were almost as high as in the previous fiscal year. This indicates a comparable level of effort was maintained from year to year, despite the exceptional challenges of operating during a pandemic throughout the entirety of the current reporting period. Further information on page volume and the impact of the pandemic on operations is available in section 5.2.2 (Number of Pages Processed) and section 7.4 (COVID-19 Mitigation Measures), respectively, of this report.

Eight (8) requests remained outstanding by March 31, 2021, and were carried forward to the next fiscal year.

For requests closed in 2020-2021, the disposition is as follows:

Figure 4: Disposition of closed requests
Disposition of closed requests
Figure 4: Disposition of closed requests - Text Version
Disposition of closed requests
All disclosed Disclosed in part All exempted No records exist Request transferred Request abandoned
14% 36% 4% 21% 4% 21%

Of the 28 requests closed in 2020-2021, records were fully or partially disclosed in 44% of cases, a 29% proportional decrease from the previous period. Overall, 67% of requests closed over the past five (5) fiscal years have resulted in a full or partial disclosure of records to applicants.

During the 2020-2021 reporting period, the PPSC closed one (1) request in which all records were exempted. Other requests that did not result in the disclosure of records were as follows:

No records exist

Six (6) requests could not be processed because relevant records under the control of the PPSC did not exist. Where possible, applicants were advised of other government institutions that may have records and were provided with contact information accordingly.

Request transferred

One (1) request was transferred to the Department of National Defence Canada when it was determined that the records sought by the applicant would be under the Department's control.

Request abandoned

Six (6) requests were abandoned by applicants. In most abandoned cases, clarification is needed from the applicants in order to process their requests. When the applicants do not provide clarification, the requests are deemed as abandoned. In other cases, the applicants choose to abandon their requests.

5.2.2 Number of pages processed

The PPSC processed 18,652 pages in order to close 28 requests in 2020-2021, 8% fewer pages than in 2019-2020 but far greater than in earlier fiscal years. The relatively high page volume is due to a single request received two years earlier concerning a high-profile prosecution. This case involved 17,740 pages, which represents 95% of all pages processed during the current reporting period.

The PPSC ATIP Office also reviewed an additional 8,314 pages received from across the organization that were deemed to be not relevant to the requests and were therefore not included as part of the responses.

The following is a summary of the relevant pages processed by the PPSC over the last five (5) fiscal years:

Figure 5: Pages processed for closed requests since 2016
Pages processed for closed requests since 2015
Figure 5: Pages processed for closed requests since 2016 - Text Version
Pages processed for closed requests since 2016
2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
14,675 10,263 10,795 20,206 18,652

5.2.3 Completion time

The PPSC closed 96% requests within the first 30 days of receipt, a 17% proportional increase from last fiscal year.

Of the 28 requests closed in 2020-2021, all but one (1) were processed within the initial 30-day statutory deadline. The remaining case, involving most of the pages processed during this period and other complexities, took substantially more time to close, at 371 days.

Overall, the PPSC has processed 79% of the access to information requests closed over the last five (5) fiscal years within 30 days of receipt.

The proportion of requests closed within this timeframe in recent years is as follows:

Figure 6: Requests closed within 30 days since 2016
Requests closed within 30 days since 2015
Figure 6: Requests closed within 30 days since 2016 - Text Version
Requests closed within 30 days since 2016
2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
80% 76% 71% 79% 96%

The following is a breakdown of the number of days taken to respond to all requests closed in 2020-2021:

Figure 7: Completion time of requests
Completion time of requests
Figure 7: Completion time of requests - Text Version
Completion time 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
43% 54% 0% 0% 0% 0% 4%

5.2.4 Exemptions

The right of access to information in government records is subject to limited and specific exceptions. Limitations to the right of access are set out in sections 13 through 24 of the Act. Section 26 also sets out an administrative exception relating to the publication of information.

The following is a breakdown of the exemptions applied by the PPSC in 2020-2021 for closed requests:

Figure 8: Exemptions that were invoked
Exemptions that were invoked
Figure 8: Exemptions that were invoked - Text Version
Exemptions that were invoked
Paragraph 14 Paragraph 14(a) Subsection 16(1) Subparagraph 16(1)(a)(i) Paragraph 16(1)(b) Paragraph 16(1)(c) Subsection 16(2) Paragraph 16(2)(c) Subsection 18(b) Subsection 19(1) Paragraph 20(1)(b) Paragraph 20(1)(c) Paragraph 20(1)(d) Paragraph 21(1)(a) Paragraph 21(1)(b) Section 23
0 0 0 0 0 2 0 1 0 8 0 0 0 2 0 7

Over the last five (5) fiscal years, the PPSC has most often invoked subsection 19(1) (personal information) and section 23 (solicitor-client privilege) of the Act when exempting information from disclosure. This reflects the mandate of the PPSC to conduct federal prosecutions, which often involve personal information about individuals, and to provide legal advice to law enforcement agencies and investigative bodies on matters relating to prosecutions.

5.2.5 Exclusions

Records or parts thereof to which the Act does not apply are considered to be "excluded." Pursuant to section 68, the Act does not apply to published material or material available for purchase by the public, library or museum material preserved solely for public record, or material placed in Library and Archives Canada. Records containing confidences of the Queen's Privy Council for Canada, also known as Cabinet confidences, and which have been in existence for less than 20 years are also excluded from the Act pursuant to section 69.

The PPSC excluded information in response to one (1) request closed in 2020-2021, where section 68 of the Act was invoked. This is the second reporting period in a row over the last five (5) fiscal years wherein the PPSC has invoked an exclusion.

5.2.6 Format of information released

Information was released to applicants exclusively in electronic format for all 14 requests closed in 2020-2021 involving full or partial disclosure of records.

This is the fourth fiscal year in a row in which electronic releases, whether by email or on compact disk, have outnumbered paper-based. The following illustrates how this shift has occurred over the last five (5) fiscal years:

Figure 9: Format of information released since 2016
Format of information released since 2015
Figure 9: Format of information released since 2016 - Text Version
Format of information released since 2016
Fiscal year Paper Electronic
2016-2017 50% 50%
2017-2018 45% 55%
2018-2019 19% 81%
2019-2020 2% 98%
2020-2021 0% 100%

5.2.7 Complexity

Due to the nature of the PPSC's work, processing requests can be challenging, and requests are regularly deemed "complex" based on a number of factors:

5.2.8 Deemed refusals

Requests that are not closed within the initial 30-day statutory deadline or within a timeframe covered by an extension provided by the Act are referred to as "deemed refusals." Further information on the circumstances in which an extension to the original deadline is permitted by the Act is available in section 5.3 (Extensions) of this report.

Over the last five (5) fiscal years, only three (3) access to information requests were closed past deadline.

The vast majority of the 28 requests closed in the reporting period were responded to within the initial deadline or within an extended timeframe, representing 96% of cases.

There was one (1) deemed refusal in 2020-2021 due to interference with operations and workload. This request was received at the end of the 2018-2019 reporting period and involved a high-profile prosecution, where 17,740 pages were processed.

5.2.9 Requests for translation

Just as it had been the case in the last five (5) fiscal years, the PPSC did not receive any requests from applicants in 2020-2021 to translate records from one official language to the other.

5.3 Extensions

Section 9 of the Act allows government institutions to extend the 30-day statutory deadline for processing a request in cases where institutions are required to review or search through a large number of records, or when consultations with other institutions or third parties are necessary.

The PPSC extended the initial deadline in two (2) cases during the 2020-2021 reporting period, significantly fewer than in previous periods. In comparison, over the last five (5) fiscal years, the PPSC has taken an average of 11 extensions each year. Overall, requests have become increasingly complex to process, whether due to the volume of pages to process, extensive search for relevant records, or consultations with other government institutions.

Both extensions in 2020-2021 were taken for a single request, each for 120 days or less. Responding to the request within the original timeframe would have interfered with operations and consultations were required with another government institution, pursuant to paragraphs 9(1)(a) and 9(1)(c), respectively, of the Act.

5.4 Consultations received from other institutions

5.4.1 Number of consultations

The PPSC received 21 consultations from other government institutions for processing under the Act in 2020-2021. This is 43% fewer than in the previous fiscal year, which may reflect the effects of pandemic-related restrictions on ATIP operations across the federal government. Additionally, two (2) consultations were carried forward from the same period. Altogether, the PPSC had 23 consultations to process in 2020-2021.

Since December 12, 2006, the PPSC has received 596 access to information consultations in total.

The following chart illustrates the varying number of consultations received by the PPSC each fiscal year since its creation in 2006:

Figure 10: Consultations received since 2006
Consultations received since 2006

Note: As the PPSC was created on December 12, 2006, data for 2006-2007 only reflects a three-month period.

Figure 10: Consultations received since 2006 - Text Version
Consultations received since 2006
2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
7 53 52 40 56 58 35 45 32 31 45 52 32 37 21

5.4.2 Sources of consultations

Just over half of the consultations received by the PPSC in 2020-2021 originated from the Treasury Board of Canada Secretariat (TBS). It has consistently been the top source for consultations over the last five (5) reporting periods. Typically, these consultations do not involve many pages or complex subject matter.

The number of consultations forwarded by any given government institution or organization does not reflect the actual amount of work required to process them. For example, some other consultations received in 2020-2021 pertained to prosecutions. Unlike the TBS consultations, consultations related to these topics involve a greater number of records and increased complexity.

The following table identifies the number of consultations sent by each government institution:

Table 1: Sources of consultations
Source Number of consultations %
Treasury Board of Canada Secretariat 12 57%
Department of Justice Canada 3 14%
Canadian Security Intelligence Agency 2 10%
Office of the Privacy Commissioner of Canada 1 5%
Canadian Food Inspection Agency 1 5%
Canada Revenue Agency 1 5%
Royal Canadian Mounted Police 1 5%
Total 21 100%

5.4.3 Disposition and recommendations

The PPSC responded to all 23 consultations received or carried over to 2020-2021. There were no consultations outstanding as of March 31, 2021, and carried forward to the next fiscal year.

A total of 1,763 pages were processed, 65% greater than the number of pages in 2019-2020. Nearly half of those pages related to a single consultation from the Canadian Food Inspection Agency.

Over the last five (5) fiscal periods, the PPSC has processed an average of 3,079 pages in response to consultations. The number of pages processed each year during this time is as follows:

Figure 11: Pages processed for completed consultations completed since 2015
Pages processed for completed consultations completed since 2016
Figure 11: Pages processed for completed consultations completed since 2016 - Text Version
Pages processed for completed consultations completed since 2016
2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
2,604 7,031 2,928 1,067 1,763

Of the 23 consultations completed in 2020-2021, the PPSC recommended that the other government institutions fully disclose records 70% of the time (16 cases in total). The organization also recommended that records be partially disclosed in the other seven (7) cases.

Overall, the PPSC completed 200 consultations over the last five (5) fiscal years. In recent fiscal years, the PPSC's recommendations with respect to consultations have trended towards greater disclosure, whether in full or in part, than full exemption of records.

The following chart illustrates this trend:

Figure 12: Percentage of recommendations to disclose or exempt since 2015
Percentage of recommendations to disclose or exempt since 2016
Figure 12: Percentage of recommendations to disclose or exempt since 2016 - Text Version
Percentage of recommendations to disclose or exempt since 2016
  2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
Disclose entirely or in part 95% 100% 94% 92% 100%
Exempt entirely 0% 0% 3% 0% 0%

5.4.4 Completion time

Of the 23 consultations completed in 2020-2021, most were processed within 30 days of receipt (18 cases in total). Over the last five (5) fiscal years, 84% of consultations have been completed, on average, within the same timeframe.

The PPSC responded to the three (3) other consultations within 31 to 60 days in 2020-2021 and the remaining two (2) within 61 and 120 days.

The following chart breaks down the proportion of consultations completed within each timeframe during the reporting period:

Figure 13: Completion time of consultations
Completion time of consultations
Figure 13: Completion time of consultations - Text Version
Completion time of consultations
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days
69% 9% 13% 9% 0%

5.5 Consultations on Cabinet confidences

No consultations regarding subsection 69(1) (Cabinet confidences) of the Act were carried out during fiscal year 2020-2021.

5.6 Service fees

The Act authorizes the collection of fees for certain activities related to the processing of formal requests for information. In addition to the $5.00 application fee, costs related to the search, preparation, and reproduction of records may be recovered in accordance with the Regulations.

It should be noted that the Treasury Board's Interim Directive on the Administration of the Access to Information Act, which came into effect on May 5, 2016, and the changes to the Act that came into force on June 21, 2019, direct government institutions to waive all fees prescribed by the Act and the Regulations, other than the application fee set out in paragraph 7(1)(a) of the Regulations.

Accordingly, pursuant to the Act and Regulations, the PPSC collected a total of $160.00 in application fees for 32 requests received in fiscal year 2020-2021. The application fee was waived for one (1) other request during the same period; a refund was granted in this instance due to unique circumstances. Per the Interim Directive and the Act, no production, programming, preparation, or search fees were collected.

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution. Accordingly, the information above is also being reported in accordance with the requirements of section 20 of the Service Fees Act.

5.7 Costs

In the 2020-2021 fiscal year, the PPSC spent a total of $319,797 administering the Access to Information Act, of which salaries accounted for nearly all expenditures at $319,297, while goods and services accounted for the remaining $500.

No overtime expenditures were incurred during this period.

The information above is also being reported in accordance with the requirements of section 20 of the Service Fees Act.

6 Training and awareness activities

No formal ATIP awareness sessions were delivered in 2020-2021.

Presentations were delivered in the previous fiscal year to raise awareness of corporate responsibilities regarding ATIP. These materials continue to be made available to all PPSC employees through the internal website. Communiqués on ATIP topics were also distributed throughout the year as part of the PPSC's corporate newsletters, which included promoting Right to Know Week 2020.

ATIP personnel provided informal learning to employees on an ad hoc basis regarding the processing of access to information requests and regularly provided advice to PPSC officials on the interpretation of the Act, including proactive publication.

7 Policies, guidelines, procedures, and initiatives

7.1 ATIP governance structure

The PPSC ATIP Governance Structure was approved by the PPSC's Executive Council in October 2011. It outlines the reporting relationships within the PPSC and establishes clear responsibilities for decision-making for the purposes of administering the Act.

7.2 Information about Programs and Information Holdings

Information about Programs and Information Holdings (formerly known as Info Source: Sources of Government and Employee Information) is published on the Government of Canada's canada.ca website. It provides information about the functions, programs, activities, and related information holdings of government institutions subject to the Access to Information Act and the Privacy Act.

At least once a year, the PPSC ATIP Office reviews and updates information, if necessary, about the PPSC's activities and information holdings in the publication. No updates were required in 2020-2021.

7.3 Initiatives

The PPSC did not implement any new initiatives relating to access to information during the 2020-2021 fiscal year. The organization expects to develop revised policies and procedures throughout the next fiscal year in preparation for new government-wide directives to support the amended Act, open government initiatives, and the continuing modernization of ATIP digital services.

Access to information tools were updated in 2020-2021 as needed, so that the organization may continue to process requests efficiently and in compliance with the Act and Treasury Board policies and directives.

7.4 COVID-19 mitigation measures

The ongoing COVID-19 pandemic presented a unique challenge for the ATIP Office. In response to emergency public health measures put in place at the end of the previous period, the Office had transferred operations to a remote working environment.

Over the past three (3) years, the vast majority of applicants have used the AORS to submit requests to the PPSC.

It was largely prepared for the transition due to efforts over recent years to build its digital capacity, such as becoming an early adopter of the government-wide ATIP Online Request Service (AORS). Furthermore, templates and forms were adapted for electronic signature early in the pandemic and PPSC officials submitted most records to the ATIP Office by email or through shared, digital dropboxes.

The Office's capacity to process some requests and consultations was significantly affected when they involved paper-based or Top Secret records as well as records on compact disk. In accordance with the PPSC's business continuity and business resumption plans, staff were not authorized to work on the premises during total lockdowns put in place by local governments for business and other activities. As a result, the PPSC experienced seven (7) weeks in total throughout the reporting period where it had no capacity to process these types of records.

In these cases, the ATIP Office limited the disruption by implementing work plans to prioritize and process these records post-lockdown. Staff also consulted applicants and other government institutions on a case-by-case basis to find solutions for moving these requests and consultations forward.

When lockdowns were lifted, ATIP Office staff were authorized to return to work onsite based on operational requirements. In these circumstances, the Office retained partial capacity for processing non-electronic records. Minor processing delays sometimes occurred, depending on the volume of records involved and when staff could obtain prior approval to work onsite. Further information on capacity is available in the 2020-2021 Supplemental Statistical Report in Appendix C of this report.

While the ATIP Office experienced some limitations in managing operations remotely, every effort was made to ensure applicants received complete responses within established timelines.

8 Complaints and investigations

Decisions made under the Act are subject to a right of review. This ensures government institutions' compliance with their access to information obligations as well as fair treatment for all applicants.

The first level of review is a formal complaint made to the Information Commissioner. Following an investigation, the Commissioner has the power to order the release of information should the complaint be deemed to be well-founded. No order has been issued to the PPSC to date. The second level of review is an application for judicial review to the Federal Court.

The PPSC reviews the outcomes of all Office of the Information Commissioner (OIC) investigations and incorporates lessons learned into business processes, where appropriate.

Three (3) complaints pertaining to two (2) requests were filed with the OIC against the PPSC in 2020-2021, all of which were still under investigation as of March 31, 2021. One (1) complaint alleges that there were records missing from the response provided to the applicant, while the other complaints are based on exemptions applied to the records.

The PPSC also received findings from the Commissioner upon completion of one (1) complaint investigation carried over from the previous reporting period. This case involved preparations for a prosecution where charges against the accused were later dropped. The PPSC had reviewed the records and exempted some information under section 23 of the Act on the basis that it consisted of solicitor-client privileged communications. The OIC agreed with the PPSC that the information in question contained legal advice and that the decision against disclosure was made fairly, where arguments for and against were properly considered. Therefore, it was determined that the complaint was not founded.

The following table summarizes the reasons for the complaints received by the PPSC in fiscal year 2020-2021 as well as the OIC's findings for the concluded investigation:

Table 2: Complaints and investigations
Reason for complaint Number of complaints Results of investigations
Well-founded Not well-founded Discontinued OIC has yet to issue its findings
Refusal – Exemptions 3 0 1 0 2
Refusal – General 1 0 0 0 1
Extension 0 0 0 0 0
Total 4 0 1 0 3

There were no applications for judicial review filed with the Federal Court in 2020-2021.

9 Monitoring compliance

The ATIP Office maintains a comprehensive statistical reporting and performance measurement system. The ATIP Manager meets with the ATIP Coordinator weekly on the status of active requests, complaints, and any issues that have arisen.

The ATIP Office also provides reports to the PPSC's senior management on an ad hoc basis about its activities, caseload, and trends related to access to information.

10 Reading room

Section 8 of the Regulationsrequires that government institutions maintain a reading room where the public can examine records.

The PPSC's main reading room is located at 160 Elgin Street, Ottawa, Ontario. Individuals who wish to examine records must schedule an appointment with the ATIP Office. Individuals located outside of the National Capital Region can make arrangements through the ATIP Office to examine records at one of its regional offices.

11 Appendix A – Delegation order

The Director of Public Prosecutions, pursuant to section 73 of the Access to Information Act and section 73 of the Privacy Act, as they existed prior to June 21, 2019, and pursuant to the current subsection 95(1) of the Access to Information Act and subsection 73(1) of the Privacy Act, hereby designates to the persons holding the positions set out in the schedule hereto the powers, duties and functions of the Director of Public Prosecutions as the head of the Office of the Director of Public Prosecutions, under the under the provisions of the Acts and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders.

Schedule

Position Access to Information Act and Regulations Privacy Act and Regulations
Senior Director General, Corporate Services Full Authority Full Authority
Director General, Communications and Parliamentary Affairs Full Authority Full Authority
Manager, ATIP Full Authority Full Authority

Dated, at the City of Ottawa, this 22 nd day of February, 2021.

(original signed by)

Kathleen Roussel
Director of Public Prosecutions

12 Appendix B – Statistical report on the Access to Information Act

Name of institution: Public Prosecution Service of Canada

Reporting period: 2020-04-01 to 2021-03-31

Section 1: Requests Under the Access to Information Act

1.1 Number of requests

  Number of Requests
Received during reporting period 33
Oustanding from previous reporting period 3
Total 36
Closed during reporting period 28
Carried over to next reporting period 8

1.2 Sources of requests

Source Number of Requests
Media 12
Academia 5
Business (private sector) 3
Organization 0
Public 7
Decline to Identify 6
Total 33

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 0 0 0 0 0 0 12

Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.

Section 2: Decline to act vexatious, made in bad faith or abuse of rights requests

2.1 Number of 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
Carried over to next reporting period 0

Section 3: Requests Closed During the Reporting Period

3.1 Disposition and completion time
Disposition of 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
All disclosed 1 3 0 0 0 0 0 4
Disclosed in part 1 8 0 0 0 0 1 10
All exempted 0 1 0 0 0 0 0 1
All excluded 0 0 0 0 0 0 0 0
No records exist 4 2 0 0 0 0 0 6
Request transferred 1 0 0 0 0 0 0 1
Request abandoned 5 1 0 0 0 0 0 6
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 12 15 0 0 0 0 1 28
3.2 Exemptions
Section Number of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 0
14 0
14(a) 0
14(b) 0
15(1) 0
15(1) - I.A.Table note 1 0
15(1) - Def.Table note 2 0
15(1) - S.A.Table note 3 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 2
16(1)(d) 0
16(2) 0
16(2)(a) 0
16(2)(b) 0
16(2)(c) 1
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 0
16.1(1)(c) 0
16.1(1)(d) 0
16.2(1) 0
16.3 0
16.31 1
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
16.6 0
17 0
18(a) 0
18(b) 0
18(c) 0
18(d) 0
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 8
20(1)(a) 0
20(1)(b) 0
20(1)(b.1) 0
20(1)(c) 0
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 2
21(1)(b) 0
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 7
23.1 0
24(1) 0
26 0

Table notes

3.3 Exclusions
Section Number of Requests
68(a) 1
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 0
69(1)(a) 0
69(1)(b) 0
69(1)(c) 0
69(1)(d) 0
69(1)(e) 0
69(1)(f) 0
69(1)(g) re (a) 0
69(1)(g) re (b) 0
69(1)(g) re (c) 0
69(1)(g) re (d) 0
69(1)(g) re (e) 0
69(1)(g) re (f) 0
69.1(1) 0
3.4 Format of information released
Paper Electronic Other Formats
0 14 0

3.5 Complexity

3.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
18,652 417 21
3.5.2 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
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
All disclosed 4 33 0 0 0 0 0 0 0 0
Disclosed in part 9 272 1 112 0 0 0 0 0 0
All exempted 1 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request Abandoned 6 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0 0 0
Total 20 305 1 112 0 0 0 0 0 0
3.5.3 Other complexities
Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 0 0 0 2 2
Disclosed in part 0 0 1 8 9
All exempted 0 0 0 1 1
All excluded 0 0 0 0 0
Request Abandoned 0 0 0 2 2
Neither confirmed nor denied 0 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0 0
Total 0 0 1 13 14

3.6 Closed requests

3.6.1 Number of requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 27
Percentage of requests closed within legislated timelines (%) 96.4

3.7 Deemed refusals

3.7.1 Reasons for not meeting legislated deadline
Number of Requests Closed Past the Legislated Deadline Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
1 1 0 0 0
3.7.2 Requests closed beyond legislated timelines (including any extensions taken)
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 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 1 1
More than 365 days 0 0 0
Total 0 1 1
3.8 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 4: Extensions

4.1 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
Section 69 Other
All disclosed 0 0 0 0
Disclosed in part 1 0 1 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 1 0 1 0
4.2 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 0 0 0 0
31 to 60 days 0 0 1 0
61 to 120 days 1 0 0 0
121 to 180 days 0 0 0 0
181 to 365 days 0 0 0 0
365 days or more 0 0 0 0
Total 1 0 1 0

Section 5: Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of Requests Amount Number of Requests Amount
Application 32 $160 1 $5
Other fees 0 $0 0 $0
Total 32 $160 1 $5

Section 6: Consultations Received From Other Institutions and Organizations

6.1 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 21 702 0 0
Outstanding from the previous reporting period 2 1,061 0 0
Total 23 1,763 0 0
Closed during the reporting period 23 1,763 0 0
Pending at the end of the reporting period 0 0 0 0
6.2 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 14 1 1 0 0 0 0 16
Disclose in part 2 1 2 2 0 0 0 7
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 0 0 0 0 0 0 0 0
Total 16 2 3 2 0 0 0 23
6.3 Recommendations and completion time for consultations received from other organizations
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 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
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 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 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 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
7.2 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 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 8: Complaints and Investigations

 Complaints and Investigations 
Section 32 Notice of intention to investigate Section 30(5) Ceased to investigate Section 35 Formal representations Section 37 Reports of finding received Section 37 Reports of finding containing recommendations issued by the Information Commissioner Section 37 Reports of finding containing orders issued by the Information Commissioner
3 0 0 1 0 0

Section 9: Court Action

9.1 Court Action on complaints received before June 21, 2019 and on-going
Section 41 (before June 21, 2019) Section 42 Section 44
0 0 0
9.2 Court Action on complaints received after June 21, 2019
Section 41 (after June 21, 2019)
Complaint (1) Institution (2) Third Party (3) Privacy Commissioner (4) Total
0 0 0 0 0

 

Section 10: Resources Related to the Access to Information Act

10.1 Costs
Expenditures Amount
Salaries $319,297
Overtime $0

Goods and Services

$500
  • Professional services contracts
$0  
  • Other
$500  
Total $319,797
10.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 3.940
Part-time and casual employees 0.000
Regional staff 0.000
Consultants and agency personnel 0.000
Students 0.000
Total 3.940

Note: Enter values to three decimal places.

13 Appendix C – Supplemental statistical report on the Access to Information Act and the Privacy Act

Name of institution: Public Prosecution Service of Canada

Reporting period: 2020-04-01 to 2021-03-31

Section 1: Capacity to Receive Requests

Enter the number of weeks your institution was able to receive ATIP requests through the different channels.

  Number of Weeks
Able to receive requests by mail 36
Able to receive requests by email 52
Able to receive requests through the digital request service 52

Section 2: Capacity to Process Records

2.1 Enter the number of weeks your institution was able to process paper records in different classification levels.

  No Capacity Partial Capacity Full Capacity Total
Unclassified Paper Records 7 45 0 52
Protected B Paper Records 7 45 0 52
Secret and Top Secret Paper Records 7 45 0 52

2.2 Enter the number of weeks your institution was able to process electronic records in different classification levels.

  No Capacity Partial Capacity Full Capacity Total
Unclassified Paper Records 0 39 13 52
Protected B Paper Records 0 39 13 52
Secret and Top Secret Paper Records 0 52 0 52
Date modified: