Annual Report on the Administration of the Access to Information Act
April 1, 2020 to March 31, 2021

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.

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.

Section 94 of the Access to Information Act requires that the head of every government institution prepare, for submission to Parliament, an annual report on the administration of the Act within the institution during each financial year.

Section 20 of the Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by institutions.

This annual report is tabled in Parliament pursuant to section 94 of the Access to Information Act and section 20 of the Service Fees Act, and describes how SSHRC administered its responsibilities for the reporting period.

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 to meet the various Treasury Board of Canada Secretariat (TBS) requirements in connection with the Act. The manager is supported by two policy analysts and an 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.

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 consultants 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 2020-21

SSHRC received 39 formal requests under the Access to Information Act in the 2020-2021 fiscal year. This is a slight increase from 2019-2020, during which 37 formal requests were received. SSHRC has seen an overall increase in the number of requests over the last five years.

Of the requests, three were from the media, seven were from academia, twelve were from the private sector, ten were from members of the public, and seven declined to identify a source. Six requests from 2020-21 were carried over to fiscal year 2021-22.

Of the 37 requests closed during the reporting period, SSHRC processed nine requests in fewer than 15 days and 20 in 16 to 30 days, completed six in 31 to 60 days, and processed one in 61 to 120 days. One request took 181 to 365 days to close. This year, SSHRC closed 24.3% of requests within the first 30 days and 97.3% of requests within their legislated timelines, including extensions allowed under the Act.

Of the 27 requests with responsive records, all were disclosed in an electronic format.

The statistics show that SSHRC applied a variety of exempting provisions in 2020-21. 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)(c), 20(1)(d), 20(1)(b),  21(1)(a) and 21(1)(b), as well as 20(1)(a).

In seven cases, no records responsive to the request were located. There was one abandoned request in 2020-21

Eleven 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 five consultations from other Government of Canada institutions and one consultation from another organization in 2020-21.

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 2020-21 was $160.

To reduce volume and deliver responses in a 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 2020-2021, SSHRC waived $35 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.

The ATIP team provides training to agency staff on 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. Due to the COVID-19 pandemic, there were no ATIP training sessions offered in 2020-21.

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. Due to the COVID-19 pandemic, ATIP processing and procedures became entirely digital. Previously, processes such as document submissions by offices of primary interest and communications and document releases to requesters were often paper-based.

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 two complaints pertaining to SSHRC requests were filed with the OIC during 2020-21. Both complaints related to delays.

In 2020-21, SSHRC provided the OIC with representations for two complaint investigations and received findings for two complaint investigations. Of the two, the OIC determined that one complaint was not well-founded and one was well-founded. One investigation was 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 to 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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