Annual Report 2002-2003

Executive Director 

Directeur exécutif

Place du Centre
200 Promenade du Portage
4^th Floor
Gatineau, Quebec
K1A 1K8

13 June 2003

The Honourable Stéphane Dion, P.C.
President of the Queen's Privy Council for Canada
House of Commons
Ottawa, Ontario
K1A 0A6

Honourable Minister:

In accordance with subsection 72(1) of the Access to Information Act and subsection 72(1) of the Privacy Act, the Transportation Safety Board of Canada is pleased to submit to Parliament this report on activities relating to the application of these two Acts for the period 01 April 2002 to 31 March 2003.

Sincerely,

David N. Kinsman

Table of Contents

Introduction

Introduction

Pursuant to section 72 of the Access to Information Act and section 72 of the Privacy Act, the Transportation Safety Board of Canada (TSB) is pleased to table in Parliament this report on activities relating to the application of these two Acts. The report covers the period from 01 April 2002 to 31 March 2003.

1.0 Access to Information

The TSB’s administration of its Access to Information and Privacy (ATIP) activities is in accordance with the government’s stated principles that government information should be available to the public with only specific and limited exceptions. Furthermore, the TSB treats personal information in compliance with the code of fair information practice expressed in the Privacy Act.

1.1 Delegation of Authority

As required by the legislation, a delegation of authority is in place. For the purpose of the Access to Information Act, the "head of the institution" as defined in section 3 of the Act is the Executive Director. The Manager, Information Management and the Director General, Information Strategies and Analysis Directorate have been delegated powers by the Executive Director deemed appropriate for the effective administration of the programs.

1.2 Formal Requests

1.2.1 Disposition of Requests

Eighty-two (82) requests were received under the Access to Information Act and one (1) request was brought forward from the previous fiscal year. Thirteen (13) requests have been carried forward to the next fiscal year.

Seventy (70) requests were completed during the reporting period. Of these, records were fully disclosed to thirteen (13) applicants. Records pertaining to thirty-six (36) requests were released with some portions exempted under paragraphs 13(1)(a) and (c), 14, 15(1), 16(1)(a) and (c)(iii), 19(1), 20(1)(a), (b), (c), and (d), 21(1)(a) and (b), 23, and section 24 of the Act. The TSB was unable to process six (6) requests, seven (7) were abandoned by the applicant, in three (3) requests the records do not exist, two (2) were transferred to other federal departments, two (2) were exempt from disclosure under subsection 16(1)(c) and one (1) was treated informally.

1.2.2 Clients

The majority of requests, fifty-nine (58), came from business/legal firms representing clients who are affected by or involved in transportation occurrences. Eight (8) requests were received from media sources. Thirteen (13) requests were received from members of the public and three (3) requests were received from organizations. The distribution of requesters has remained steady over the past few years.

1.2.3 Processing of Requests

The ATIP section received an increase of twenty-five (25) formal requests over fiscal year 2001-02. Of the requests received in reporting period 2002-03, fifty-five (55) were for records pertaining to aviation occurrences, twelve (12) for marine occurrences and eight (8) for rail occurrences. The remaining requests comprised other related records held under the control of the TSB.

Under normal circumstances, all requests are processed within the 30-day time limit as required by the legislation. Of the seventy (70) requests processed during the reporting period, forty-eight (48) were completed within the 30 days. Fourteen (14) requests were granted extensions for 31 days or more; twelve (12) extensions were for third-party consultations and two (2) were required to perform a search for the records. Seven (7) other requests were granted 30-day time extensions. Of these , six (6) of the requests were extended for consultations with other government agencies and one (1) was extended for searches. One (1) request was late and no extension was taken.

During this reporting period, the ATIP section was involved in the search, preparation and review of 19,820 pages of information and the reproduction and release of 12,609 pages of information, including reprints of photographs, videotapes and CD-ROM diskettes comprising digital photographs. Fifty-nine (59) of the seventy (70) requests were completed on time, e.g. within the 30-day limit or within the extension period. The average time taken to process a request during the 2002-03 reporting period was 38.7 calendar days.

This is a decrease from last year’s average of 39.5 calendar days to process a formal request, even though there was an increase of twenty-five (25) additional requests received this year.

In June 2001, the ATIP section installed the ATIPimage software application developed by PrivaSoft that allows the user to scan documents retrieved for ATIP requests and to sever the information by performing on-line redaction. ATIPimage is designed to integrate with PrivaSoft’s ATIPflow case management system which was installed in January 2001. In February 2003, the ATIP section upgraded ATIPimage by installing ATIPimage Advance. This software allows the user to send electronic documents directly to ATIPimage, thus saving time and reducing the chance of errors, such as missing pages. It also includes other features which will help the ATIP unit better serve the clients.

1.3 Fees

In accordance with the ATIP-TSB fee policy implemented on 01 January 2001, the TSB collected $547.80 in application and reproduction fees. The TSB maintains the right to waive fees. The decision to reduce or waive fees is made on a case-by-case basis according to the criteria outlined in the ATIP fees policy. Also, as do most departments, the TSB waives the requirement for a requester to pay fees, other than the application fee, if the amount payable is less than $25.00.

1.4 Informal Requests

During the reporting period, 163 requests were received and 4,278 pages of information were sent to requesters. This represents a decline of 49 informal requests from the last reporting year and continues to reflect the internal change in the way the TSB processes requests for its publications. This function was transferred in fiscal year 2001-02 to the Communications Division, which now not only responds to all requests for TSB publications but encourages TSB clients to access information via the Communications Division rather than resort to formal means via ATIP.

Many of the TSB’s publications are also available on the TSB Internet site, such as the multimodal investigation reports (available from 01 January 1995), safety studies, statistical reports, communiqués, investigation updates, etc. The TSB receives an average of 36,374 daily hits on the Internet site (which can be accessed at http://www.tsb.gc.ca.). The TSB Communications Division responded to 1,158 requests for information received during the reporting period via the website.

The figures for informal requests do not include those responded to by units other than the ATIP and Communication Divisions, whether in the Information Strategies and Analysis Directorate or Investigative Operations, including its regional offices. As well, the Macro-Analysis Division responded to 618 requests for transportation occurrence database information which is more complex than that already posted on the TSB web site, checking as necessary with ATIP staff to ensure that no privileged information was inadvertently released.

1.5 Complaints and Investigations

No complaints were filed during the reporting period 2002-03.

Two (2) complaints, which were filed in the 2001-02 reporting year, were carried forward to this reporting period. Both of these investigations are still ongoing:

The first complaint filed with the OIC addressed the TSB’s exemptions, invoked pursuant to subsections 16(1) and 19(1) of the Act, in response to a request for a complete copy of the investigation file on an aviation occurrence in the Republic of Maldives in December 1999. The Maldivian Government investigated the accident. The TSB had an accredited representative present at the investigation. Although some information was withheld as per the exemptions in question, more than 700 pages of records held under the control of the TSB were released to the applicant. The OIC is still considering our representations on this complaint.

The second complaint filed with the OIC also pertained to TSB’s exemptions applied in response to a request regarding another foreign occurrence. The applicant asked for a complete copy of an aviation occurrence file investigated by the Mexican Government. The accident occurred in Toluca, Mexico, in March 2000. The TSB had an accredited representative on site. TSB authorities verbally consulted with the Mexican Government on the request. The Mexican Government indicated that under no circumstances do they release any records (including the findings of their investigation) to the public or any foreign government. The records were originally withheld pursuant to paragraph 13 (1)(a) of the Act. As a result of this complaint, the TSB consulted the Department of Foreign Affairs, which had no concerns with the release of certain records. The records were released, however we are awaiting a response from the Government of the United States of America.

1.6 Appeals to the Federal Court

Five applications for review by the Federal Court were made during this fiscal year.

One was withdrawn and the requester abandoned the request.

The others all revolved around the subject of Air Traffic Control (ATC) tapes and transcripts and the application of section 19(1) of the Access to Information Act. All four cases will be reviewed at the same time. NAVCAN has won its argument for standing in these cases and have been named a respondent party. The case has been adjourned until a later date.

1.7 Training and Education

ATIP officers attended various workshops organized by the Treasury Board Secretariat throughout the fiscal year.

The ATIP section provided awareness sessions to the Senior Management Committee and Corporate Services Branch. These sessions were well received and will be offered to all TSB employees in the upcoming fiscal year.

1.8 Statistics Required by Treasury Board

The statistics required by Treasury Board are found in Appendix A.

2.0 Privacy

2.1 Requests for Personal Information

Five (5) formal requests for personal information were received and completed during this reporting period. Of these, records were fully disclosed to one (1) applicant. Of the remaining requests, two (2) were released with some portions exempted under paragraphs 26 and 27 of the Act, one (1) request was exempt from disclosure under section 27 of the Act and one (1) request was transferred to another federal department. Four (4) requests were processed within the 30-day time limit as required by the legislation while one (1) request was processed under 60 days.

The TSB's policy of openness allows for the disclosure of information to individuals without necessarily requiring that they invoke the Privacy Act. Personnel officers and support staff handle this kind of request as part of their routine duties.

The TSB remains vigilant in meeting requirements under the Act to protect personal information under its control. This is achieved by ensuring that employees are cognizant of their responsibility to protect the personal information they handle in the course of their duties and by respecting the code of fair information practice enshrined in the legislation.

2.2 Delegation of Authority

As required by the legislation, a delegation of authority is in place. For the purpose of the Privacy Act, the "head of the institution" as defined in s. 3 of the Act is the Executive Director. The Manager, Information Management and the Director General, Information Strategies and Analysis Directorate have been delegated powers by the Executive Director deemed appropriate for the effective administration of the programs and ensure that the TSB meets all of its obligations fairly and consistently.

2.3 Complaints and Investigations

No complaints were received during this reporting period.

2.4 Training and Education

ATIP staff receives on-the-job training on an ongoing basis. ATIP staff attend the Canadian Access and Privacy Association (CAPA) workshop every year.

The ATIP section provided awareness sessions to the Senior Management Committee and Corporate Services Branch. These sessions were well received and will be offered to all TSB employees in the upcoming fiscal year.

2.5 Statistics Required by Treasury Board

The statistics required by Treasury Board are found in Appendix B.