Annual Report on the Administration of the Access to Information Act
April 1, 2022, to March 31, 2023
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 was supported by two policy analysts, an ATIP officer, and two consultants on an as-needed basis. 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.
SSHRC was not party to any service agreements under section 96 of the Access to Information Act in 2022-23.
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 office for ATIP, President's Office, Programs Planning and Operations division, Human Resources division and Financial Operations division are responsible for ensuring proactive publication requirements under their respective purviews are met.
The Corporate Strategy and Performance division oversees the proactive publication of packages of briefing materials prepared for new or incoming deputy heads or equivalent, reports tabled in Parliament, and packages of briefing materials prepared for the deputy head or equivalent’s appearance before a committee of Parliament.
The President's Office oversees the proactive publication of titles and reference numbers of memoranda prepared for a deputy head, as received by their office.
The Programs Planning and Operations division oversees the proactive publication of grant and contribution awards over $25,000.
The Financial Operations division oversees the proactive disclosure of travel and hospitality expenses for government officials and contracts entered into by the Government of Canada for amounts over $10,000.
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 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 April 13, 2022. 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:
- vice-president, Corporate Affairs
- executive director, Corporate Strategy and Performance
- manager, ATIP and Corporate Operations
- policy analyst, ATIP and Corporate Operations.
Statistical Report for Fiscal Year 2022-23
SSHRC received 54 formal requests under the Access to Information Act in the 2022-23 fiscal year. This is an increase from 2021-22, during which 21 formal requests were received.
Of the requests, two were from the media, six were from academia, one was from the private sector, nine were from members of the public, and 36 declined to identify a source. As of March 31, 2023, one request remains active; the request was received in fiscal year 2022-23 and is within its legislated timeline including extensions allowed under the Act. An extension to the request was made to carry out consultations.
Of the 55 requests closed during the reporting period, SSHRC processed six requests in fewer than 15 days and 42 in 16 to 30 days, completed four in 31 to 60 days, and processed two in 61 to 120 days. One request, which was carried over from 2018-19 took more than 365 days to close. This year, SSHRC closed 87% of requests within the first 30 days and 98% of requests within their legislated timelines, including extensions allowed under the Act.
All of the 16 requests with responsive records were disclosed in an electronic format. Of the completed requests with responsive records, 6% had records that were all disclosed and 94% had records that were disclosed in part.
The statistics show that SSHRC applied a variety of exempting provisions in 2022-23. 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), 21(1)(a) and 21(1)(b), 20(1)(c), 20(1)(d), as well as 16(2)(c).
In 38 cases, no records responsive to the request were located. There was one request transferred to another Government of Canada institution in 2022-23.
Two 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 six consultations from other Government of Canada institutions in 2022-23. All consultations were closed in 1 to 15 days.
Fees
The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.
With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act. The department collects $5 in respect of each request: total revenue collected in 2022-23 was $245. The $5 application fee is the only fee charged for an ATI request.
In accordance with the Interim Directive on the Administration of the Access to Information Act, issued on May 5, 2016, and the changes to the Access to Information Act that came into force on June 21, 2019, SSHRC waives all fees prescribed by the Act and Regulations, other than the $5 application fee set out in paragraph 7(1)(a) of the Regulations. To reduce volume and deliver responses in a more timely fashion, with the requester’s permission, 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 2022-2023, SSHRC waived $25 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 and ad-hoc advice 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. There were no formal ATIP training sessions offered in 2022-23.
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. Since March 2020, ATIP processing and procedures have been 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 operations were not impacted by COVID-19-related measures during this reporting period.
In 2022-23, the ATIP office completed onboarding to the ATIP Online Management Tool and began processing requests through the online system.
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
No complaints pertaining to SSHRC requests were filed with the OIC during 2022-23. Two investigations remain ongoing at the end of the year, one from 2021-22 and one from 2019-20. Both ongoing complaints are related to exemptions.
In 2022-23, three complaints from 2021-22 were concluded, one ceased to be investigated, one was discontinued by the complainant and one was closed with a final report under section 37(2).
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.
SSHRC continues to collaborate with other government institutions and postsecondary institituitons to improve access to information and information sharing, including providing access to information via research agreements or informal access to information requests.
Proactive Publication under Part 2 of the Access to Information Act
SSHRC is a government institution listed in Schedule II of the Financial Administration Act for the purposes of Part 2 of the Access to Information Act.
As such, SSHRC is subject to the following proactive publication requirements under the Access to Information Act:
- 82 travel expenses
- section 83 hospitality expenses
- section 84 reports tabled in Parliament
- section 86 contracts over $10,000
- section 87 grants and contributions over $25,000
- section 88(a) packages of briefing materials prepared for new or incoming deputy heads or equivalent, received by their office
- section 88(b) titles and reference numbers of memoranda prepared for a deputy head or equivalent
- section 88(c) packages of briefing materials prepared for a deputy head or equivalent’s appearance before a committee of Parliament.
SSHRC publishes information as required for proactive publication requirements on open.canada.ca and SSHRC’s website under Transparency. The responsible divisions within SSHRC have established processes to ensure timely publishing, including monthly updating of reports and quarterly reminders.
SSHRC published 100% of proactive publication requirements due during the reporting period within the legislated timelines.
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