ARCHIVED - RPP 2007-2008
Offices of the Information and Privacy Commissioners of Canada

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SECTION II: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

Analysis by Program Activity

Strategic Outcome

Individuals’ rights under the Access to Information Act are safeguarded.

Program Activity

Assess, investigate, review, pursue judicial enforcement, and provide advice.

Performance Indicators

Investigations:

1. percentage of complaint investigations completed within set service standards;

2. percentage of well-founded complaints resolved without recourse to courts;

3. percentage of cases where courts have come to a conclusion different from the commissioner after review under section 41 of the Act;

4. percentage of cases successfully challenged pursuant to section 18 of the Federal Court Act.

Reporting:

1. meeting deadlines for statutory reports, i.e. Annual Report to Parliament

2. meeting the reporting requirement in section 37 of the Act

3. percentage of well-founded complaints resolved without recourse to courts

Advocacy before the Courts:

1. demonstrated consistency in selection criteria for seeking judicial review; and

2. percentage of successful outcomes

Backlog

A backlogged complaint is one that remains open beyond the fixed deadlines established by the office. These deadlines are set down in the office’s Service Standards, which cover all aspects of an investigation—from receipt of the complaint to the conclusion of the formal investigation process. Current Service Standards allot 30 calendar days for the resolution of administrative related complaints, such as complaints related to delay and fees, and 90 calendar days for refusal related complaints, such as exemptions, exclusions and incomplete responses.

For several years, the workload of incoming complaints has outstripped the office’s ability to conduct investigations in a timely manner. As of January 23, 2007, the backlog of outstanding files sits at 1 075. The nature of the workload has also changed, with a larger proportion of incoming complaints necessitating extensive research and in-depth consultation with government officials.

The office closed 999 outstanding investigations as of January 23, 2007, and projects to close an additional 201 complaints by the end of the 2006-2007 fiscal-year. The office will accelerate its backlog in the 2007-2008 fiscal year. Given the additional financial resources and workload projections for the coming year, the office anticipates clearing this backlog by the end of the 2008-2009 fiscal year.

Complaints

The number of complaints received annually by the office is influenced largely by two factors: the extent of public awareness that information is accessible pursuant to the Access to Information Act, and the level of performance by government institutions in responding promptly and fully to access to information requests.

The table below shows figures related to the status of access to information complaints received by the office during the last two fiscal-years and the coming fiscal-year.

Status of Access-to-information Complaints

	2005-2006	2006-2007 (projected)	2007-2008 (projected)
Pending	1 364	1 418	1 286
Opened	1 373	1 068	1 200
Closed	1 319	1 200	1 170 to 1 620
Under investigation	1 418	1 286	866 to 1 316

Enhancing investigator training

To ensure that the Office of the Information Commissioner continues to enjoy the services of a cadre of skilled investigators, the office will continue to place priority on providing an extensive training program for new investigators and a program of continuing education for experienced ones.

In addition to the enhanced training program, in the 2006-2007 fiscal-year, the office began its Investigator Career Progression Program, as defined under the Public Service Employment Act. Using a series of training sessions, examinations and special assignments, the program will enable investigators to raise their designation one level every 12 to 18 months. The primary objective of the program is to provide a career path for investigators based on learning, knowledge, and experience.

A record of achievement

A clear indication of the professionalism and effectiveness of investigators is that less than one percent of all access to information complaints reached the Federal Court of Canada last year. This record is in keeping with the long-term performance of the office. From April 1, 2000 to March 31, 2006:

• 48 complainants filed judicial reviews under section 41 of the Access to Information Act;

• the Information Commissioner initiated 16 judicial reviews pursuant to section 42 of the Access to Information Act;

• 132 third parties undertook reviews of government institutions’ decisions to disclose third-party information provided for by section 44 of the Access to Information Act;

• the Office of the Information Commissioner participated in 17 appeals before the Federal Court of Canada and 11 appeals before the Supreme Court of Canada.

This record also reflects the positive and proactive role the office has played over the years to help improve case-management practices of the Federal Court of Canada and reduce the backlog of access to information cases before the courts. The additional financial resources allotted to the office in 2007-2008 will enable it to increase this proactive role. For instance, increased funding will enable the office to intervene and assist the Federal Court of Canada to interpret and apply the Access to Information Act. The lack of sufficient financial resources available to the office in recent years had jeopardized the vital role the office must play before the judiciary.

The value of report cards

The Office of the Information Commissioner uses annual report card reviews to inform federal institutions of the state of their performance in satisfying the requirements of the Access to Information Act. Report cards also enable the office to monitor specific federal institutions with poor performance records and to make recommendations for improvement.

In the last fiscal-year, report cards were issued to 17 federal institutions. These institutions were selected for a number of reasons: one routinely experienced difficulty meeting response deadlines set out in the Access to Information Act; two had failing grades in each of the past three years, and 14 institutions were graded to evaluate recent efforts to raise performance. These institutions who do not attain ideal compliance "Grade A" will again be reviewed in 2007-2008.

Improving professional skills, raising professional standards

One of the best ways to improve the performance of federal institutions in satisfying the requirements of the Access to Information Act is to ensure information professionals throughout the federal government possess a high level of skill and knowledge. To improve the skills and knowledge of these professionals, the Office of the Information Commissioner has partnered with the University of Alberta to create the Certificate Program in Information Access and the Protection of Privacy. Offered online in French and English, the program consists of 6 courses requiring five for the Certificate.

In order to help raise the standards of the access to information community, the OIC has given its support to two of the professional organizations of access and privacy workers – the Canadian Access and Privacy Association (CAPA) and the Canadian Association of Professional Access and Privacy Administrators (CAPAPA) – which have undertaken a major project to professionalize the access and privacy community. This project is developing professional standards for workers in this field, establishing a certification model and process and preparing a governance structure for the profession. The project is guided by a Working Group which is comprised of leading experts in the fields of access to information and the protection of privacy and is headed by the Alberta Access and Privacy Commissioner. The OIC has seconded an employee from the Government of Alberta to act as the National Director of this project.

 

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