Annual Report on the Access to Information Act 2012-2013
Table of Contents
- Introduction
- Background
- Mandate of the Public Prosecution Service of Canada
- Roles and Responsibilities of the Public Prosecution Service of Canada
- Access to Information and Privacy (ATIP) Office
- ATIP Governance Structure
- Delegated Authorities
- Access to Information Act and Privacy Act Delegation Order
- Interpretation of the Statistical Report
- Part 1 - Requests under the Access to Information Act
- Part 2 - Requests closed during the reporting period
- Part 3 - Extensions
- Part 4 - Fees
- Part 5 - Consultations received from other institutions and organizations
- Part 6 - Completion time of consultations on Cabinet confidences
- Part 7 - Resources related to the Access to Information Act
- Informal Process
- Access to Information–Related Training Activities
- Access to Information–Related Policies, Guidelines and Procedures
- Complaints and Investigations
- Federal Court Review
- Reading Room
- Appendix A – Statistical Report on the Access to Information Act
- Appendix B – Previously released ATI package released informally
Introduction
The Access to Information Act was proclaimed into force on July 1, 1983. The Act grants Canadian citizens, permanent residents or any person or corporation present in Canada a general right of access to information that is held by federal government institutions, subject to specific and limited exceptions, and to an independent review of decisions on disclosure.
This Annual Report is prepared and is being tabled before each House of Parliament in accordance with section 72 of the Act.
This Annual Report provides a summary of the management and administration of the Act within the Public Prosecution Service of Canada (PPSC) for the reporting year 2012–2013.
Background
The PPSC became subject to the Access to Information Act when it was established as an independent organization on December 12, 2006. The PPSC was created with the coming into force of the Director of Public Prosecutions Act, Part 3 of the Federal Accountability Act. The PPSC replaced the former Federal Prosecution Service of the Department of Justice Canada.
Mandate of the Public Prosecution Service of Canada
The mandate of the PPSC is set out in the Director of Public Prosecutions Act. The Act empowers the Director of Public Prosecutions (DPP) to:
- initiate and conduct federal prosecutions;
- intervene in proceedings that raise a question of public interest that may affect the conduct of prosecutions or related investigations;
- issue guidelines to federal prosecutors;
- advise law enforcement agencies or investigative bodies on general matters relating to prosecutions and on particular investigations that may lead to prosecutions;
- communicate with the media and the public on all matters that involve the initiation and conduct of prosecutions;
- exercise the authority of the Attorney General of Canada in respect of private prosecutions; and
- exercise any other power or carry out any other duty or function assigned by the Attorney General of Canada that is compatible with the office of the Director.
The Director of Public Prosecutions Act also empowers the DPP to:
- initiate and conduct prosecutions under the Canada Elections Act; and
- act, when requested by the Attorney General of Canada, in matters under the Extradition Act and the Mutual Legal Assistance in Criminal Matters Act.
With the exception of Canada Elections Act matters, the Attorney General of Canada can issue a directive to the DPP about a prosecution or assume conduct of a prosecution, but must do so in writing, and a notice must be published in the Canada Gazette. In turn, the DPP must inform the Attorney General of any prosecution or planned intervention that may raise important questions of general interest.
Roles & Responsibilities of the Public Prosecution Service of Canada
The PPSC prosecutes offences within federal jurisdiction and provides prosecution-related advice to law enforcement agencies across Canada. In total, over 250 federal statutes contain offences that fall under the PPSC’s jurisdiction to prosecute. Charges are regularly laid under approximately 60 of those statutes.
The PPSC is not an investigative agency. It conducts a prosecution when a charge of violating federal law has been laid by an investigative or law enforcement agency following an investigation.
In all provinces and territories, except Quebec and New Brunswick, the PPSC is responsible for prosecuting all drug offences under the Controlled Drugs and Substances Act, regardless of which police agency investigates the alleged offences. In Quebec and New Brunswick, the PPSC prosecutes only those drug offences that were investigated by the Royal Canadian Mounted Police.
In all provinces and territories, the PPSC prosecutes violations of federal statutes such as the Income Tax Act, the Fisheries Act, the Excise Act, the Customs Act, the Canadian Environmental Protection Act, and the Competition Act, as well as conspiracies and attempts to violate these statutes.
In the three territories, the PPSC is also responsible for prosecuting all Criminal Code offences. In the provinces, the PPSC has jurisdiction to prosecute a limited number of Criminal Code offences, including those related to terrorism, criminal organizations, money laundering, proceeds of crime and fraud. Under arrangements with the provinces, the PPSC may also prosecute Criminal Code offences that are otherwise within provincial jurisdiction when the accused also faces drug-related charges.
Access to Information and Privacy (ATIP) Office
The ATIP Office is the focal point for the application of access to information and privacy legislation at the PPSC. The mandate of the ATIP Office is to implement and administer the Access to Information Act and the Privacy Act. The ATIP Office deals directly with the public in relation to access to information and privacy requests and, in collaboration with the Offices of Primary Interest (OPIs), serves as the centre of ATIP expertise in enabling the PPSC to meet its statutory obligations under these Acts.
The ATIP Office undertakes the responsibility of the administration of the Access to Information Act by:
- processing requests for information submitted under the Act in accordance with legislation, regulations and Treasury Board of Canada Secretariat (TBS) policies, directives and guidelines;
- responding to consultations submitted by other federal institutions on PPSC records being considered for release;
- responding to requests received from other federal institutions for the review of solicitor-client privilege in records related to criminal proceedings in which the PPSC is involved;
- developing and providing guidance to PPSC managers and staff regarding the interpretation and application of the Act and other related TBS policies and guidelines;
- reviewing PPSC policies, procedures and agreements to ensure that they are in compliance with the provisions of the Act and making recommendations for amendments;
- monitoring and advising on the organization’s compliance with the Act, regulations, procedures and policies;
- acting as the point of contact for the PPSC in dealings with TBS, the Office of the Information Commissioner of Canada, and other government departments and agencies;
- reviewing the organization’s documents relevant to proactive disclosure prior to publication on the PPSC’s website, such as audits and evaluations, and contracts over $25,000, in order to ensure that such disclosures do not compromise legal proceedings or contain personal information;
- coordinating the preparation of the PPSC chapter of the federal government’s Info Source publication;
- preparing the annual report to TBS and Parliament on the Access to Information Act; and
- participating in ATIP forums, such as the TBS’ ATIP Community meetings, and working groups.
ATIP Governance Structure
The PPSC formalized its ATIP Governance Structure, which outlines the roles and responsibilities of all employees and clarifies how the PPSC meets both its access to information and privacy obligations.
The chart above provides a diagram of the ATIP Office, and the reporting relationships within the PPSC. It should be read in conjunction with the descriptions below.
ATIP Personnel
- ATIP Coordinator:
- The Executive Director and Senior Counsel, Ministerial and External Relations Secretariat, is the PPSC’s ATIP Coordinator pursuant to a delegation made by the DPP under the Access to Information Act and the Privacy Act, and plays an oversight role in relation to the application of the Acts, the regulations, and related policies, directives, and guidelines.
- ATIP Counsel:
- The Counsel, Ministerial and External Relations Secretariat, provides ATIP-related legal advice to the ATIP Coordinator, the ATIP Office, and PPSC managers.
- Manager, Access to Information and Privacy (ATIP Manager):
- The ATIP Manager has direct, daily responsibility for the management of the ATIP Office by coordinating all activities relating to the operation of the Access to Information Act and the Privacy Act and their regulations, as well as meeting related TBS ATIP policies, directives and guidelines.
- ATIP Advisors:
- The ATIP Advisors are responsible for processing ATIP requests. The Advisors liaise between the requester and the Point(s) of Contact in PPSC Regional Offices and Headquarters.
- ATIP Junior Analyst:
- The ATIP Junior Analyst carries out administrative duties and assists the ATIP Advisors and the ATIP Manager in the processing of ATIP requests. The Junior Analyst also processes low complexity ATIP requests and acts as a liaison between the requester and the Point(s) of Contact in Regional Offices and Headquarters.
Accountability & Shared ATIP Responsibilities
- Director of Public Prosecutions:
- The DPP is the PPSC’s
“Head of Institution”
for the purposes of the Access to Information Act and the Privacy Act. The DPP has overall responsibility for ensuring that the organization complies with the Acts, the regulations, and related TBS policies, directives and guidelines. - Deputy Director of Public Prosecutions (DDPP) - Regulatory & Economic Prosecutions and Management Branch and the Deputy Director of Public Prosecutions (DDPP) - Drug, National Security & Northern Prosecution Branch:
- The two DDPPs are responsible for assisting the DPP in fulfilling the PPSC’s ATIP obligations to ensure compliance with the ATIP legislation, its regulations, and related TBS and PPSC policies and directives.
- Points of Contact - Headquarter Directors and Chief Federal Prosecutors:
- As the Points of Contact, Headquarter Directors and Chief Federal Prosecutors are responsible for fulfilling the ATIP obligations of their Offices and Regions, issuing ATIP-related instructions to their employees and/or agents, and serving as liaison with the PPSC ATIP Office to ensure compliance with the ATIP legislation, its regulations, and related TBS and PPSC policies and directives.
- Managers, Team Leaders, Supervisors, and Agent Supervisors:
- These individuals are responsible for assisting and issuing instructions to staff in fulfilling ATIP obligations to ensure compliance with the ATIP legislation, its regulations, and related TBS and PPSC policies and directives. They are also required to examine and/or make inquiries into any issues brought to their attention concerning the ATIP legislation.
- Employees and Agents:
- The employees and agents are responsible for fulfilling their duties to ensure compliance with the ATIP legislation, its regulations, and related TBS and PPSC policies and directives. PPSC employees and agents are responsible for ensuring that any records they created are properly managed to facilitate access to that information.
Delegated Authorities
Under section 73 of the Access to Information Act, the head of a government institution may by order designate one or more officers or employees of that institution to exercise or perform any of the powers, duties or functions of the head of the institution under this Act. The DPP has delegated authority under the Act to the Executive Director and Senior Counsel, Ministerial and External Relations Secretariat, and to the Manager of the Access to Information and Privacy Office.
Access to Information Act and Privacy Act Delegation Order
The Director of Public Prosecutions, pursuant to section 73 of the Access to Information Act and the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the positions, to exercise the powers and functions of the Director as the head of a government institution.
Schedule
| Position | Privacy Act and Regulations | Access to Information Act and Regulations |
|---|---|---|
| Executive Director and Senior Counsel, Ministerial and External Relations Secretariat | Full Authority | Full Authority |
| Manager, ATIP, Access to Information and Privacy Office | Full Authority | Full Authority |
Dated, at the City of Ottawa, this 11 day of January, 2010.
Brian Saunders
Director of Public Prosecutions
Interpretation of the Statistical Report
The following provides interpretation of the summarized statistical information contained in Appendix A to this Annual Report. This report will also compare data from 2012–2013 with data from the previous five reporting periods to identify and examine possible trends.
Part 1 – Requests under the Access to Information Act
Number of Requests and Source of Requests
The PPSC received twenty-nine (29) formal access to information requests during the 2012–2013 reporting period. This represents an increase of 17% in the number of requests from the previous reporting period. It is interesting to note that the number of pages reviewed decreased dramatically, falling from an all time high of 14,493 pages in 2011–2012 to 2,428 pages in 2012–2013. This decrease appears to be more consistent with the 2010–2011 reporting period in which 2,571 pages had been reviewed. A clear trend cannot be established as not enough data is yet available.
| Media (12) | Business (4) | Academia (1) | Public (12) | |
|---|---|---|---|---|
| 41% | 14% | 4% | 41% |
* No requests were received from organizations during this reporting period.
There was a slight change in the source of requests received for access to information when compared to the 2011–2012 reporting year. The number of requests from the media increased from four (4) to twelve (12), and requests from the public decreased by one (1) over the same period. The number of requests from businesses fell from six (6) in 2011–2012 to four (4) in 2012–2013.
| Media (27) | Academia (3) | Business (26) | Organization (13) | Public (50) | |
|---|---|---|---|---|---|
| 23% | 2% | 22% | 11% | 42% |
During the last five reporting periods (2008–2009 to 2012–2013), the PPSC received a total of one hundred and nineteen (119) formal access to information requests. Overall, the number of formal access to information requests has consistently increased since the creation of the PPSC. A comparison of the source of these requests over the last five reporting periods reveals that requests from the media have increased markedly in the last reporting period when compared to the five-year average, while the percentage of requests from the public received in the last year remains consistent with the five-year average. It is important to note, however, that these figures only account for formal Access to Information Act requests.
Part 2 – Requests closed during the reporting period
Disposition of requests completed
Twenty-eight (28) requests were completed during the reporting period. The completed requests are categorized as follows:
| All disclosed (7) | Disclosed in part (9) | All exempted (1) | No records exist (6) | Requests transferred (1) | Requests abandoned (4) | |
|---|---|---|---|---|---|---|
| 25% | 32% | 4% | 21% | 4% | 14% |
* No requests were all excluded or treated informally during the reporting period.
The cases where access could not be provided fell under the following categories:
No records exist
Six (6) requests could not be processed as no relevant records existed under the control of the PPSC. Where possible, the requesters were advised of government institutions that may have records and how to contact those institutions to submit a request.
Requests transferred
One (1) request was transferred to another government institution that had a greater interest in the subject matter of the request.
Requests abandoned
Four (4) requests were abandoned by the applicants. Requesters were asked in writing for clarification before material could be gathered and, as no clarification was provided, the requests were deemed abandoned.
Treated Informally
No records were treated informally during this reporting period.
| All disclosed (25) | Disclosed in part (45) | All exempted (3) | All excluded (1) | Transferred (3) | No records exist (25) | Request Abandoned (17) | Treated informally (1) | |
|---|---|---|---|---|---|---|---|---|
| 21% | 37% | 2% | 1% | 3% | 21% | 14% | 1% |
The PPSC is committed to being open and transparent, as is reflected in its processing of one hundred and twenty (120) formal access to information requests received over the last five (5) reporting periods. The PPSC responded by releasing information in relation to seventy (70) of these requests. The one (1) request which was treated informally was for material that the applicant was subsequently informed could be obtained from the PPSC website.
Another forty-two (42) requests were either abandoned by the applicants or the PPSC was unable to process the request because no records existed, a complete request was not provided, or application fees were not paid. In three (3) cases, the requests were transferred to other government institutions that had greater interest in the records sought.
In addition, over the last five (5) years there were only four (4) cases in which the PPSC did not disclose any information. In one case, the information was available to the public and the PPSC informed the requester where the information could be obtained.
Completion time
The time required to process the twenty-eight (28) completed access to information requests during the 2012–2013 reporting period is summarized below:
| 1 to 15 days (13) | 16 to 30 days (10) | 31 to 60 days (3) | 61 to 120 days (2) | |
|---|---|---|---|---|
| 46% | 36% | 11% | 7% |
* No requests were completed beyond 120 days during this reporting period.
During the 2012–2013 reporting period, 82% of requests were processed within the 30-day statutory response period, more than half of these were completed in 15 days or less. This represents an increase of 12% of requests completed within 30 days compared to the last reporting period.
Over the last five reporting periods, the PPSC completed one hundred and eighteen (118) of the formal access to information requests it received; two (2) requests were carried over into the 2013–2014 reporting period. The PPSC has been in deemed refusal only twice since the 2008–2009 reporting period.
Exemptions
Section 2.2 of the Statistical Report illustrates the types of exemptions applied during the 2012–2013 reporting period by the PPSC in accordance with the Access to Information Act.
| Subsection 19(1) | Section 22 | Section 23 | |
|---|---|---|---|
| 55% | 9% | 36% |
Given the PPSC’s mandate, the majority of the information exempted was subject to subsection 19(1) [Personal information] and section 23 [Solicitor-client privilege] of the Act. Section 22 [Testing procedures] was applied only once.
Exemptions applied over the last Five Reporting Periods
A review of the major exemptions that were applied during the last five reporting periods revealed that subsection 19(1) and section 23 are the provisions that are most often cited.
Exclusions
The Access to Information Act does not apply to published material or material available for purchase by the public, library or museum material preserved solely for public record, material placed in Library and Archives Canada, and records considered to be confidences of the Queen's Privy Council, pursuant to sections 68 and 69 of the Act respectively.
During the 2012–2013 reporting period, no exclusions pursuant to sections 68 and 69 of the Act were applied by the PPSC.
Format of information released
Statistics are based solely on those requests for which information was disclosed in its entirety or in part. Access to relevant documents was given, in whole or in part, for sixteen (16) requests. Paper copies were provided in all cases.
Complexity
Due to the nature of the organization’s work, processing access to information requests at the PPSC is complex. The mandate of the PPSC is to prosecute offences under federal jurisdiction and to provide advice on prosecution-related matters to investigative agencies. Records often contain information relating to criminal or regulatory investigations or prosecutions and to the PPSC's work involving other organizations and departments at the federal, provincial or territorial level. The PPSC must consult with these other organizations and carefully consider the legal impact of disclosure of the information.
As this reporting requirement is only in its second year, no statistics are available to track the complexity of files over time. The complexities cited above impact significantly on the ATIP Office’s workload at the PPSC.
Deemed Refusals
The PPSC was not considered to be in deemed refusal for any files during this reporting period.
Requests for translation
There were no requests for translation from one official language to the other.
Part 3 – Extensions
Reasons for Extension and Disposition of Requests
Section 9 of the Access to Information Act allows institutions to extend the legal deadline for processing a request if a search for responsive records cannot be completed within 30 days of receipt of the request, or if the institution must consult with other institutions or third parties.
Five (5) extensions were taken during the 2012–2013 reporting period. Four (4) of the requests were extended because it was necessary to consult other government institutions. The fifth request was extended to allow for the search and review of a large number of records, which was not possible to do within the original time limit without unreasonably interfering with the operations of the PPSC.
Part 4 – Fees
The Access to Information Act authorizes fees for certain activities related to the processing of formal requests under the Act. In addition to the $5 application fee, other charges may apply for search, preparation and reproduction of the various records, as specified in the Access to Information Regulations.
The practice of the PPSC is to waive reproduction fees whenever less than 200 pages are disclosed. However, when more than 200 pages are disclosed, fees are calculated as specified in the Regulations on a case-by-case basis.
Reproduction fees were calculated for one (1) file for which the fee of $58.00 was waived by the PPSC.
The PPSC collected $130.00 in application fees during 2012–2013. One application fee of $5.00 was waived as the requester wished to reopen a request that had been abandoned. Two requests were carried over into the 2013–2014 reporting period, therefore, these fees will be included in the next annual report.
Part 5 – Consultations received from other institutions and organizations
In total, the PPSC received thirty-three (33) access to information consultations from other government institutions and two (2) consultations from provincial government institutions during the 2012–2013 reporting period. This represents a significant decrease in the number of consultations from 2011–2012 during which period the PPSC received fifty-eight (58) consultation requests.
| DoJ (4) | Public Safety (3) | DFO (4) | EC (4) | TBS (5) | Others (15) | |
|---|---|---|---|---|---|---|
| 12% | 9% | 11% | 11% | 14% | 43% |
The majority of the consultations originated from the following government institutions. The Treasury Board Secretariat (TBS) represented the highest number of consultations with five (5), followed by Justice Canada (DoJ), Environment Canada (EC) and Fisheries and Oceans (DFO) which each sent four (4) consultations. Institutions which sent two (2) or less are grouped together in the “Others”
portion of the chart above.
| DoJ (127) | Public Safety (110) | DFO (662) | EC (366) | TBS (1922) | Others (165) | |
|---|---|---|---|---|---|---|
| 4% | 3% | 20% | 11% | 57% | 5% |
The number of consultations forwarded by any given government institution is not an accurate reflection of the work required to process the consultations. While Transport Canada sent only one (1) consultation, the page count in Transport Canada’s file accounted for 57% of the material reviewed by the PPSC ATIP Office. It is common for a few organizations to represent a disproportionate part of the PPSC’s consultation workload since the records in question can form part of large prosecution cases.
| CBSA (10) | DFO (14) | DoJ (52) | Env (26) | Health (6) | HRSDC (8) | PS (13) | PWGSC (18) | RCMP (33) | TBS (15) | TC (7) | Others (42) | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 4% | 6% | 21% | 11% | 3% | 3% | 5% | 7% | 14% | 6% | 3% | 17% |
The chart above illustrates the number of consultations received from government institutions over the last five reporting periods. The “Others”
category includes all departments that sent five (5) requests or fewer during the last five (5) years.
| DFO (1163) | DoJ (3107) | Env (9596) | Health (5202) | HRSDC (8588) | RCMP (1177) | TC (3102) | Others (4466) | |
|---|---|---|---|---|---|---|---|---|
| 3% | 9% | 26% | 14% | 24% | 3% | 9% | 12% |
While the DoJ represents 21% of all consultations, it accounts for only 9% of the volume. Environment Canada was third in the number of requests sent but first in volume, accounting for 26% of the pages reviewed over the last five reporting periods.
Part 6 – Completion time of consultations on Cabinet confidences
During the 2012–2013 reporting period, the PPSC had no consultations to conduct on Cabinet confidences.
Part 7 – Resources related to the Access to Information Act
Costs
The PPSC spent a total of $126,777 administering the Access to Information Act of which salaries accounted for $123,118 and Goods and Services accounted for $3,659. There were no overtime expenditures or professional service contracts during this reporting period.
| 2008–2009 | 2009–2010 | 2010-2011 | 2011-2012 | 2012-2013 | |
|---|---|---|---|---|---|
| Salary | $150,000 | $158,000 | $142,000 | $121,000 | $123,118 |
| Administration | $18,000 | $27,000 | $10,000 | $5,000 | $3,659 |
| Total | $166,000 | $185,000 | $150,000 | $124,000 | $126,777 |
In examining the cost of the administration of the Access to Information Act over the last five (5) reporting periods, a peak can be observed in 2009–2010 with a leveling off in subsequent reporting periods. As the PPSC was created in December of 2006, there were start-up costs for the ATIP Office in the first few years. During more recent years, the PPSC completed a number of its internal ATIP policies, guidelines, and procedures. This has since resulted in an overall reduction of costs in the administration of the Access to Information Act.
Additionally, the overall salary budget for the ATIP Office is divided between the administration of the Access to Information Act and the administration of the Privacy Act. As the administration of the Privacy Act has taken up more of the ATIP Office’s time during the last two years, more of its resource dollars were accounted for under that Act.
Informal Processes
As part of the Government of Canada’s commitment to openness and transparency, the PPSC started posting summaries of its completed access to information requests on the Internet in September 2011. This was done in anticipation of the Treasury Board Secretariat of Canada’s requirement, which came into effect in January 2012. As a direct result, the PPSC processed fourteen (14) requests for informal disclosure of previously released material during the 2012–2013 reporting period.
Moreover, the PPSC provides other types of information informally to the public. The PPSC’s website (www.ppsc-sppc.gc.ca) contains various sources of information, such as: The Federal Prosecution Service Deskbook; Terms and Conditions of Fixed-Term Agreements of Agents; Proposed Best Practices for Prosecuting Fraud Against Governments, the PPSC’s Annual Report and its Report on Plans and Priorities. The PPSC’s website also contains portals for the Agent Affairs Program, Proactive Disclosure listings, and other items of interest.
Access to Information-Related Training Activities
During this reporting period, a roundtable discussion regarding the PPSC’s ATIP processes and employee obligations under the Access to Information Act and the Privacy Act was conducted with Human Resources and Labour Relations Staff in Ottawa.
In addition, informal access to information-related training was provided to PPSC employees throughout the year on an ad hoc basis.
Since the creation of the PPSC in 2006, the ATIP Office has provided formal training in every region except Quebec and Nunavut.
Access to Information-Related Policies, Guidelines and Procedures
No new Access to Information-related policies, guidelines or procedures were developed or adopted in the last reporting period.
Complaints and Investigations
To ensure that government institutions comply with their access to information obligations and that all requesters are treated fairly and consistently, section 30 and sections 41 to 53 of the Access to Information Act provide for a review of decisions made under the Act. The first level of review is a formal complaint to the Information Commissioner of Canada; the second is an application for judicial review to the Federal Court.
No new complaints were filed with the Office of the Information Commissioner of Canada (OIC) against the PPSC during the 2012–2013 reporting period. One (1) complaint from the 2010–2011 reporting period was carried over, and the OIC has yet to issue its findings with respect to that complaint.
Federal Court Review
During this reporting period, no application for judicial review was filed with the Federal Court pursuant to section 44 of the Act. One (1) notice of application for judicial review that was filed during the previous reporting period remains active.
Reading Room
Section 8 of the Access to Information Regulationsrequires that institutions maintain a reading room where the public can review records. The PPSC’s main reading room is located on the 2nd floor of the East Memorial Building at 284 Wellington Street, Ottawa, Ontario. Individuals who wish to review records must schedule an appointment with the ATIP Office. Individuals located outside the National Capital Region can contact the ATIP Office which, in turn, will work with the relevant regional office of the PPSC to provide a place and time to review records.
Appendix A – Statistical Report on the Access to Information Act
Name of institution: Public Prosecution Service of Canada
Reporting period: 01-04-2012 to 31-03-2013
Part 1 – Requests under the Access to Information Act
1.1 Number of Requests
| Number of Requests | |
|---|---|
| Received during reporting period | 29 |
| Oustanding from previous reporting period | 2 |
| Total | 31 |
| Closed during reporting period | 28 |
| Carried over to next reporting period | 3 |
1.2 Sources of requests
| Source | Number of Requests |
|---|---|
| Media | 12 |
| Academia | 1 |
| Business (Private Sector) | 4 |
| Organization | 0 |
| Public | 12 |
| Total | 29 |
Part 2 – Requests closed during the reporting period
2.1 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 | 3 | 4 | 0 | 0 | 0 | 0 | 0 | 7 |
| Disclosed in part | 2 | 3 | 2 | 2 | 0 | 0 | 0 | 9 |
| 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 | 3 | 0 | 1 | 0 | 0 | 0 | 0 | 4 |
| Treated informally | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 13 | 10 | 3 | 2 | 0 | 0 | 0 | 28 |
2.2 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(a) | 0 |
| 14(b) | 0 |
| 15(1) – International Affairs | 0 |
| 15(1) – Defence of Canada | 0 |
| 15(1) – Subversive Activities | 0 |
| 16(1)(a)(i) | 0 |
| 16(1)(a)(ii) | 0 |
| 16(1)(a)(iii) | 0 |
| 16(1)(b) | 0 |
| 16(1)(c) | 0 |
| 16(1)(d) | 0 |
| 16(2)(a) | 0 |
| 16(2)(b) | 0 |
| 16(2)(c) | 0 |
| 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 |
| 16.4(1)(a) | 0 |
| 16.4(1)(b) | 0 |
| 16.5 | 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) | 6 |
| 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) | 0 |
| 21(1)(b) | 0 |
| 21(1)(c) | 0 |
| 21(1)(d) | 0 |
| 22 | 1 |
| 22.1(1) | 0 |
| 23 | 4 |
| 24(1) | 0 |
| 26 | 0 |
2.3 Exclusions
| Section | Number of Requests |
|---|---|
| 68(a) | 0 |
| 68(b) | 0 |
| 68(c) | 0 |
| 68.1 | 0 |
| 68.2(a) | 0 |
| 68.2(b) | 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)(a) re (b) | 0 |
| 69(1)(a) re (c) | 0 |
| 69(1)(a) re (d) | 0 |
| 69(1)(a) re (e) | 0 |
| 69(1)(a) re (f) | 0 |
| 69.1(1) | 0 |
2.4 Format and information released
| Disposition | Paper | Electronic | Other Formats |
|---|---|---|---|
| All disclosed | 7 | 0 | 0 |
| Disclosed in part | 9 | 0 | 0 |
| Total | 16 | 0 | 0 |
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 | 76 | 76 | 7 |
| Disclosed in part | 853 | 655 | 9 |
| All exempted | 367 | 0 | 1 |
| All excluded | 0 | 0 | 0 |
| Request abandoned | 0 | 0 | 4 |
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 | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| 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 | 7 | 76 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Disclosed in part | 6 | 174 | 3 | 481 | 0 | 0 | 0 | 0 | 0 | 0 |
| All exempted | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Abandoned | 4 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 17 | 250 | 4 | 481 | 0 | 0 | 0 | 0 | 0 | 0 |
2.5.3 Other Complexities
| Disposition | Consultation required | Assessment of fees | Legal advice sought | Other | Total |
|---|---|---|---|---|---|
| All disclosed | 0 | 0 | 0 | 0 | 0 |
| Disclosed in part | 3 | 0 | 0 | 0 | 3 |
| All exempted | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 |
| Abandoned | 0 | 0 | 1 | 0 | 1 |
| Total | 3 | 0 | 1 | 0 | 4 |
2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline
| Number of requests closed past the statutory deadline | Principal Reason | |||
|---|---|---|---|---|
| Workload | External consultation | Internal consultation | Other | |
| 0 | 0 | 0 | 0 | 0 |
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 days 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 | 0 | 0 |
| More than 365 days | 0 | 0 | 0 |
| Total | 0 | 0 | 0 |
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 | 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 | 0 | 0 | 4 | 0 |
| All exempted | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 |
| No records exist | 0 | 0 | 0 | 0 |
| Request abandoned | 1 | 0 | 0 | 1 |
| Total | 1 | 0 | 4 | 1 |
3.2 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 | 2 | 0 |
| 31 to 60 days | 1 | 0 | 0 | 1 |
| 61 to 120 days | 0 | 0 | 2 | 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 | 4 | 1 |
Part 4 – Fees
| Fee type | Fee collected | Fee Waived or Refunded | ||
|---|---|---|---|---|
| Number of requests | Amount | Number of requests | Amount | |
| Application | 26 | $130 | 1 | $5 |
| 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 | 1 | $58 |
| Total | 26 | $130 | 2 | $63 |
Part 5 – Consultations received from other institutions and organizations
5.1 Consultations received from other government institutions and organizations
| Consultations | Other government institutions | Number of pages to review | Other organizations | Number of pages to review |
|---|---|---|---|---|
| Received during reporting period | 33 | 3343 | 2 | 9 |
| Outstanding from the previous reporting period | 2 | 387 | 0 | 0 |
| Total | 35 | 3730 | 2 | 9 |
| Closed during the reporting period | 34 | 3241 | 2 | 9 |
| Pending at the end of the reporting period | 1 | 489 | 0 | 0 |
5.2 Recommendations and completion time for consultations received from other government institutions
| Recommendation | Number of days required to complete 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 | 11 | 4 | 2 | 1 | 0 | 0 | 0 | 18 |
| Disclose in part | 5 | 5 | 2 | 0 | 1 | 0 | 0 | 13 |
| Exempt entirely | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 |
| Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Consult other institution | 0 | 2 | 0 | 0 | 0 | 0 | 0 | 2 |
| Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 16 | 12 | 4 | 1 | 1 | 0 | 0 | 34 |
5.3 Recommendations and completion time for consultations received from other organizations
| Recommendation | Number of days required to complete 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 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 2 |
| 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 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 2 |
Part 6 – Completion time of consultations on Cabinet confidences
| Number of days | Number of responses received | Number of responses received past deadline |
|---|---|---|
| 1 to 15 days | 0 | 0 |
| 16 to 30 days | 0 | 0 |
| 31 to 60 days | 0 | 0 |
| 61 to 120 days | 0 | 0 |
| 121 to 180 days | 0 | 0 |
| 181 to 365 days | 0 | 0 |
| More than 365 days | 0 | 0 |
| Total | 0 | 0 |
Part 7 – Resources related to the Access to Information Act
7.1 Costs
| Expenditures | Amount | |
|---|---|---|
| Salaries | $128,250 | |
| Overtime | $0 | |
| Goods and Services | $2,120 | |
| • Professional services contracts | $0 | |
| • Other | $2,120 | |
| Total | $130,370 | |
7.2 Human Resources
| Resources | Dedicated full-time to ATI activities | Dedicated part-time to ATI activities | Total |
|---|---|---|---|
| Full-time employees | 1.60 | 0.06 | 1.66 |
| Part-time and casual employees | 0.35 | 0.00 | 0.35 |
| Regional staff | 0.00 | 0.00 | 0.00 |
| Consultants and agency personnel | 0.00 | 0.00 | 0.00 |
| Students | 0.00 | 0.00 | 0.00 |
| Total | 1.95 | 0.06 | 2.01 |
Appendix B – Previously released ATI package released informally
| Institution | Number of informal releases of previously released ATI packages |
|---|---|
| Public Prosecution Service of Canada | 14 |
- Date modified: