Annual Report on the Administration of the Access to Information Act
April 1, 2019 to March 31, 2020

Introduction

The Social Sciences and Humanities Research Council (SSHRC) is the federal agency that promotes and supports research and research training in the social sciences and humanities.

SSHRC is pleased to provide its annual report on the administration of the Access to Information Act, as required by section 94 of the Act. Annual reports are tabled in Parliament in accordance with this same section of the Act.

The Access to Information Act provides Canadians with a right of access to information in records under the control of a government institution in accordance with the principle that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government.

Administration of the Access to Information Act

At SSHRC, the manager, Access to Information and Privacy (ATIP) and Corporate Operations is responsible for processing requests under the Access to Information Act and providing support and advice on its administration. The manager is supported by a policy analyst and a half-time ATIP officer. The ATIP office is located within SSHRC’s Corporate Strategy and Performance Division and the manager, ATIP and Corporate Operations, reports to its executive director. During the period covered by this report, the manager and the policy analyst each spent approximately one day per week and the ATIP officer spent approximately a half-day per week processing requests and administering the various Treasury Board of Canada Secretariat (TBS) requirements in connection with the Act.

All formal requests and complex informal requests are handled by the ATIP office. Other SSHRC divisions may respond to other informal requests for information, as appropriate. The ATIP office holds full records of all Access to Information Act requests received or closed within the last two years.

SSHRC’s president and senior management are kept informed of key decisions and developments in the administration and implementation of the Act, as appropriate. The ATIP office provides regular reports to the executive director, Corporate Strategy and Performance, who updates the executive vice-president, Corporate Affairs, who then briefs the president, as needed.

When advice on the administration of the Act is required, it is sought from one or several of the following: the TBS, Department of Justice legal counsel, the Office of the Information Commissioner of Canada (OIC), SSHRC’s ATIP consultant and/or other federal government ATIP offices.

Access to Information Act Delegation Order

The current delegation order was approved on March 1, 2015. The order states that the persons holding the following positions have full authority to exercise or perform the powers, duties and functions of the head of a government institution under the Act insofar as they may be exercised or performed in relation to SSHRC:

  • executive vice-president, Corporate Affairs
  • executive director, Corporate Strategy and Performance
  • manager, ATIP and Corporate Operations.

Statistical Report for Fiscal Year 2019-20

SSHRC received 37 formal requests under the Access to Information Act in the 2019-20 fiscal year. This is a slight increase from 2018-19, during which 36 formal requests were received. SSHRC has seen an overall increase in the number of requests over the last five years.

Of the requests, nine were from the private sector, one was from academia, five were from the business sector, 21 were from members of the public, and one declined to identify a source. Four requests from the previous year were carried over to fiscal year 2020-21.

Of the 40 requests closed during the reporting period, eight were processed in fewer than 15 days and 17 requests were processed in 16 to 30 days. Five requests were completed in 31 to 60 days, and three were processed in 61 to 120 days. One request took more than 365 days from the request date to close. This year, SSHRC closed 20% of requests within the first 30 days and 95% of requests within their legislated timelines, including extensions allowed under the Act.

Of the 32 requests with responsive records, 31 were disclosed in an electronic format and one was disclosed in paper format.

The statistics show that SSHRC applied a variety of exempting provisions in 2019-20. Exempting provisions used multiple times within one request are reported only once per request. In descending order, SSHRC most frequently used sections 19(1), 20(1)(b) and 21(1)(b), 21(1)(a), as well as 20(1)(c) and 20(1)(d).

In five cases, no records responsive to the request were located. There were three abandoned requests in 2019-20.

Sixteen informal requests for access to information were received and processed by the ATIP office over the course of the fiscal year.

SSHRC received and completed 16 consultations from other Government of Canada institutions and no consultations from other organizations in 2019-20.

Fees

The Access to Information Act authorizes SSHRC to collect fees under the Service Fees Act. The department collects $5 in respect of each request: total revenue collected in 2019-20 was $145.

To reduce volume and deliver responses in more timely fashion, SSHRC will sometimes separate requests that contain multiple subjects (e.g. briefing notes, etc.) and waive additional application fees for these types of requests. In 2019-20, SSHRC waived $55 in application fees.

Education and Training

Throughout the year, staff and management are reminded and encouraged to consult the ATIP office on any issues that might affect the implementation of the Act when and where appropriate.

During 2019-20, the manager, ATIP and Corporate Operations, provided training sessions to approximately 10 staff members. This session covers the principles of the access to information legislation, key concepts and definitions, SSHRC’s procedures for processing both formal and informal access to information requests, and employee’s responsibilities with respect to the Act. The session is part of SSHRC’s in-house training session to the Management Accreditation Roadmap.

SSHRC’s New or Revised Policies, Guidelines and Procedures Related to Access to Information

No new or revised access to information policies or guidelines were formally implemented during the last fiscal year. SSHRC’s ATIP staff continued to work with staff in the Research Programs Directorate to develop text about access to information in many memorandums of understanding, especially in relation to joint-funding initiatives.

Complaints to the Office of the Information Commissioner

SSHRC received notice that three complaints pertaining to SSHRC requests were filed with the Office of the Information Commissioner (OIC) during 2019-20. Two complaints related to exemptions applied to records and one related to delays.

In 2019-20, SSHRC provided the OIC with representations for three complaint investigations and received findings for eight complaint investigations. Of these eight, the OIC determined that one complaint was not well-founded, five were well-founded and two were resolved. Two investigations were ongoing at the end of the year.

SSHRC experienced no court challenges related to access to information during the reporting period.

SSHRC experienced no audits relating the administration of ATIP legislation during the reporting period.

Monitoring Processing Times

The executive director, Corporate Strategy and Performance, was regularly kept apprised (normally on a weekly basis) by the manager, ATIP and Corporate Operations, of all matters and developments pertaining to the requests, including processing time, consultations undertaken and any necessary extensions.

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