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2008-09 Annual Report on the Access to Information Act

Table of Contents

Introduction

The Access to Information Act gives Canadian citizens as well as people and corporations present in Canada the right to access records under the control of federal government institutions subject to limited and specific exceptions. The Act is intended to compliment existing procedures for access to government information and not to limit in any way, information that is normally available to the public.

Section 72 of the Act requires the head of every federal government institution to submit a report to Parliament on the administration of the Act for their institution each fiscal year. This report describes how the Canadian Food Inspection Agency administered the Access to Information Act for the fiscal year 2008-09. The report was prepared in accordance with the Treasury Board of Canada Secretariat Implementation Report No. 113 which outlines all of the mandatory reporting requirements for annual reports on the Access to Information Act.

Overview of the Canadian Food Inspection Agency

The Canadian Food Inspection Agency (CFIA) is the largest science-based regulatory agency in Canada responsible for the delivery of all federally mandated food inspection, plant protection and animal health programs, and consumer protection as it relates to food. Nearly 7,000 dedicated and highly trained professionals work across Canada serving Canadians by protecting public health, contributing to economic growth, and protecting Canada's environment.

Created in 1997 by The Canadian Food Inspection Act, the CFIA is mandated to safeguard Canada's food supply and the plants and animals upon which safe and high-quality food depends. In carrying out this mandate, the CFIA is committed to serving Canadians by providing protection from preventable health risks; protecting consumers through a fair and effective food, animal and plant regulatory regime that supports competitive domestic and international markets; sustaining the plant and animal resource base; contributing to the security of Canada's food supply and agricultural resource base; and providing sound agency management.

The CFIA is headed by a President who reports directly to the Minister of Agriculture and Agri- Food and is accountable for policy development and program delivery to support the Agency's role as the key science-based regulator for food safety, animal health and plant protection. To assist in the management of immediate, short- and long-term CFIA initiatives, the President is supported by a highly qualified and knowledgeable senior management team.

Administration of the Act

The administration of the Access to Information Act is the primary responsibility of the Access to Information and Privacy (ATIP) Office of the Corporate Secretariat Branch. The ATIP Office processes all requests for information and coordinates all activities related to the Act, associated regulations, directives and guidelines. The ATIP Office is headed by a Coordinator who reports to the Director of Executive Support and Coordination Directorate. There were 6 full time employees in the ATIP Office during the reporting period.

ATIP contacts were centralized in each CFIA branch during the fiscal year in order to streamline the process for the search and retrieval of records. The Agency will continue to refine its ATIP process in order to improve on the timely delivery of information under the Act.

Resources

An estimated $371,780.30 in salary costs and $7,531.80 in administrative costs were incurred by the Agency to administer the Access to Information Act for the reporting period. The costs for administration of the Access to Information Act reside largely within the Corporate Secretariat; these costs only include a small amount of the resources expended by the program areas of the Agency to meet the requirements of the Act.

Staff Training and Awareness

The ATIP Office provided 3 training sessions to employees in the National Capital Region and the Branch ATIP contact in the Western Area provided one session to employees in the Saskatchewan Region during the reporting period. Approximately 75 employees received ATIP training during the 2008-09 fiscal year. ATIP training activities were scaled back because of limited resources and a significant increase in the volume and complexity of requests received under the Act.

Statistical Report

A copy of the Statistical Report can be found in Appendix A.

Delegation Order

A copy of the approved CFIA Delegation Order can be found at Appendix B.

Requests under the Act

The CFIA received 472 new requests under the Access to Information Act between April 1, 2008 and March 31, 2009. There were 56 outstanding requests from the previous year, bringing the total to 528 requests that required processing. Of this total, 327 were completed during the reporting period and 201 were carried forward to 2009-10. This represents a decrease of 89 requests (- 21%) processed over last year in which 416 requests were completed. The decrease in the number of requests processed during the reporting period was due in large part to a significant increase in the volume and complexity of requests received.

The following represents a breakdown of the sources of requests received during the fiscal year:

  • 163 requests from Business (34%);
  • 136 requests from Media (29%);
  • 23 requests from Organizations (5%);
  • 148 requests from the Public (31%); and
  • 2 requests from Academia (1%).

Access Requests by Source 2008-09

Access Requests by Source 2008-09

There was an increase in the number of requests received during the reporting period due in part to food recalls issued as a result of a listeriosis outbreak linked to ready-to-eat meats produced by Maple Leaf Foods in the summer of 2008.

The ATIP Office reviewed a total of 45,644 pages during the fiscal year for requests received pursuant to the Act of which 15,173 were released. This is an increase of 12,993 pages (40%) over last year in which 32,651 pages were reviewed. Of the 327 requests completed, 2 requests exceeded 1,000 pages.

The following chart depicts the cycle of access to information requests at the Agency for the past 5 reporting periods:

Access Requests 2004-05 to 2008-09

Access Requests 2004-05 to 2008-09

Consultations

During the reporting period, the CFIA received 74 consultations from other government institutions concerning the release of Agency records. This represents an increase of 6 requests (9%) over last year in which 68 consultations were received. These consultations resulted in the review of 2,296 pages.

Completion Times and Extensions

The 327 requests in 2008-09 were completed in the following time frames:

  • 172 within 30 days or less (53%);
  • 54 within 31 to 60 days (16%);
  • 69 within 61 to 120 days (21%); and
  • 32 within 121 days or over (10%).

Completion Times 2008-09

Completion Times 2008-09

In 120 instances, CFIA found it necessary to extend the original time limit of 30 calendar days as prescribed in the Act. Of these extensions, 94 were for third party notifications pursuant to section 27 of the Act.

Disposition of Completed Requests

There were 327 requests completed in 2008-09. The disposition of the completed requests is as follows:

  • 54 were fully disclosed (16%);
  • 153 were partially disclosed (47%);
  • 7 were exempted in their entirety (2%);
  • 45 could not be processed (14%);
  • 64 were abandoned by the applicants (20%); and
  • 4 were transferred to other federal government institutions (1%).

Exemptions and Exclusions

The CFIA invoked exemptions pursuant to the Act 303 times. The exemptions were invoked as follows:

  • 7 times for records dealing with information obtained in confidence (s. 13);
  • 16 times for records deemed injurious to the conduct of international affairs and defence (s.  15);
  • 4 times for records concerning law enforcement and investigations (s.  16);
  • 2 times for records concerning economics interests (s.  18);
  • 151 times for records containing personal information (s.  19);
  • 88 times for records containing third party business information (s.  20);
  • 19 times for records relating to the internal decision-making processes of government (s.  21);
  • 4 times for records relating to internal audits and test procedures (s.  22);
  • 9 times for records containing solicitor-client privilege (s.  23);
  • 1 time for records restricted by statutory prohibitions (s.  24); and
  • 2 times for records that were going to be published (s.  26).

Exclusions were invoked 2 times during the reporting period for Confidences of the Queen's Privy Council for Canada.

Fees

During the reporting period, the Agency collected a total of $11,426.80 in fees under the Act of which $2,225.00 was collected in application fees and $9,201.80 in reproduction and searching costs. The Agency waived fees in the amount of $2,446.60 in 2008-09. Reproduction fees were waived when legislated time frames were not met and in situations where the ATIP Coordinator deemed it appropriate.

Complaints and Investigations

There were 13 new complaints filed with the Information Commissioner of Canada in 2008-09. This represents an increase of 3 complaints (30%) over the previous reporting period in which 10 complaints were received. The reasons cited for the new complaints are as follows:

  • 2 concerned the exemption/exclusion of information;
  • 5 concerned delays in the release of information;
  • 3 concerned the general refusal of information; and
  • 3 concerned the extension of time frames.

During the 2008-09 fiscal year, 9 complaints were completed and the conclusions were as follows:

  • 2 complaints were discontinued;
  • 3 complaints were not substantiated;
  • 1 complaint was resolved - well founded; and
  • 3 complaints were resolved.

Court Cases

One new application was filed with the Federal Court of Canada during the reporting period. This application was filed pursuant to section 44 of the Act.

Appendix A: Statistical Report

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Appendix A: Statistical Report

Treasury Board Secretariat Supplemental Reporting Requirements

Access to Information Act

In addition to the reporting requirements addressed in form TBS/SCT 350-62 "Report on the Access to Information Act", institutions are required to report on the following using this form:

Part III - Exemptions invoked:

Section 13
Paragraph 13 (e) 0

Section 14
Paragraphs 14 (a) 0
Paragraphs 14 (b) 0

Part IV - Exclusions cited:

Paragraph 69.1(1) 0

Discrepancies

There were no discrepancies in the statistical report.

Appendix B: Delegation Order

Access to information act delegation order

The president of the Canadian Food Inspection Agency pursuant to section 73 of the Access to Information Act (Act), hereby delegates the persons holding the positions set out in the Schedule annexed hereto to exercise the powers and perform the duties and functions of the President as the head of the government institution under the sections of the Act as set out in the Schedule.

Nov 07 2008

Date

President, Canadian Food Inspection Agency

Canadian Food Inspection Agency Delegation Schedule

Delegation of powers, duties and functions pursuant to section 73 of Access to Information Act
Sections Powers, Duties and Functions Positions/Titles
EVP, VPs and AVPs ED CS DIR ECS ATIP Coord. and Team  Leaders Senior ATIP Analysts
4(2.1) To assist the applicant, respond to his/her request and provide access to the record X X X X X
7 To notify the applicant and to give access to the record X X X X X
8(1) To transfer the request of a record to another government institution and give a notice of the transfer to the applicant X X X X -
9(1) To extend the time limits and to issue notice to applicant X X X X X
9(2) To notify the Information Commissioner of an extension exceeding 30 days X X X X X
11(2) To require additional payment before access is given X X X X X
11(3) To require payment when a record is produced as a result of the request from a machine readable record X X X X X
11(4) To require a deposit before search or production of a record X X X X X
11(5) To notify the applicant of required payment X X X X X
11(6) To waive requirement to pay a fee or other amount for the record or may refund the fee or other amount paid. X X X X -
12(2)(b) To have the record translated if it is in the public interest. X X X X -
12(3) To have the record made accessible in alternative format X X X X -
13(1) To refuse disclosure of information obtained in confidence from another government, an organization or an institution X - - - -
13(2) To disclose information if the government, organization or institution from which the information was obtained either consent to its disclosure or makes it public X X X X -
14 To refuse disclosure of information the disclosure re: federal provincial affairs X - - - -
15 To refuse disclosure of information re: international affairs and defence X - - - -
16 To refuse disclosure of information re: law enforcement, investigations, security and policing services X - - - -
16.5 To refuse disclosure of information re: Public Servants Disclosure Protection Act X - - - -
17 To refuse disclosure of information re: safety of individuals X - - - -
18 To refuse disclosure of information re: economic interests of Canada X - - - -
18.1(1) To refuse disclosure of information re: economic interests of certain government institutions X - - - -
18.1(2) To disclose under subsection 18(1) if information relates to the general administration of an institution referred to in any of paragraphs 18(1)(a) to 18(1)(d) or any activity of the Canada Post Corporation that is fully funded out of moneys appropriated by Parliament X - - - -
19(1) To refuse disclosure of records containing personal information as defined in s.3 of the Privacy Act. X X X X -
19(2) To disclose records containing personal information pursuant to paragraphs 19(2)(a) to 19(2)(c) of the Act X X X X -
20(1) To refuse disclosure of a record that contains third party information X - - - -
20(2) To disclose a record containing the results of product or environmental testing X - - - -
20(3) To provide written explanation of the methods used in testing X X X X -
20(5) To disclose with the consent of the third party to whom the information relates X X X X -
20(6) To disclose in the public interest X - - - -
21(1) To refuse disclosure of information re: advice, recommendations, etc. X - - - -
22 To refuse disclosure of information re: testing or auditing procedures or techniques, tests or audits X - - - -
22.1(1) To refuse disclosure of a record that contains a draft report of an internal audit of a government institution or any related audit working paper X - - - -
23 To refuse disclosure of a record that contains information subject to solicitor-client privilege. X - - - -
24(1) To refuse disclosure of a record that is restricted by statutory prohibitions. X - - - -
25 To sever exempt information from records and to disclose remaining information X X X X -
26 To refuse disclosure of a record when the information will be published X X X X -
27(1) To notify a third party of a request and the intention of disclosing the information X X X X X
27(4) To extend time limit for third party notification process X X X X X
28(1) To give to a third party with an opportunity to make representations and to make a decision X X X X X
28(2) To waive the requirement of third parties providing representations in writing X X X X X
28(4) To allow disclosure of the record to the applicant X X X X X
29(1) To notify the applicant and a third party of the disclosure of a record X X X X X
33 To advise the information Commissioner of a third party involvement X X X X X
35(2) To have the right to make representations to the Information Commissioner X X X X X
37(4) To give the complainant access to the record X X X X -
43(1) To give notice of the application to third parties X X X X -
44(2) To give notice to the person of the application who requested access to the record X X X X -
71(1) To provide facilities where the public may inspect manuals X X X X -
71(2) To refuse to disclose information severed from manuals X X X X -
72(1) To prepare an annual report for submission to Parliament X X X X X

Legend:

ATIP Analyst
Analyst, Access to Information and Privacy
 
ATIP Coord.
Coordinator, Access to Information and Privacy
 
AVPs
Associate Vice-President
 
DIR ESC
Director Director, Corporate Secretariat
 
ED CS
Executive Director, Corporate Secretariat
 
EVP
Executive Vice-Presidents
 
Team Leaders
Team Leaders, Access to Information and Privacy
 
VPs
Vice-President
 
X
Authority has been delegated
 
-
Authority has not been delegate
 

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