2020-2021 Annual Report to Parliament on the Access to Information Act

Table of contents

1. Introduction

The purpose of the Access to Information Act (ATIA) is to provide a right of access to information in records under the control of a government institution in accordance with the principles 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 of the disclosure of government information should be reviewed independently of government.

The Act provides every person who is a Canadian citizen or a permanent resident with a right of access to any record under the control of a government institution, with some specific, limited exceptions.

The Canadian Northern Economic Development Agency (CanNor) is fully committed to both the spirit and the intent of the Access to Information Act to ensure openness and transparency within the department. This report summarizes the activities of CanNor in implementing the Act, and fulfills the requirement under Section 94 of the Act which stipulates that, the head of every government institution shall prepare for submission to Parliament an annual report on the administration of this Act within the institution during each financial year.

Mandate

CanNor works with partners to advance economic development in Canada's territories. The Agency supports, invests in and advocates for national, territorial and community level economic development; fosters growth and innovation; contributes to building capacity; and invests in foundational economic development projects in the territories. In addition, through the Northern Projects Management Office the Agency coordinates federal participation in the territorial environmental review processes and maintains the Crown consultation record for major projects.

The Agency works closely with all federal partners to advance a whole of government approach to economic development in the territories.

As part of the ISED portfolio, CanNor supports the implementation of the Government of Canada priorities and the mandate letter for the Minister of Economic Development and Official Languages.

2. Organizational Structure

For the purposes of the Access to Information Act, the President of CanNor has delegated powers, duties and functions under the Act to the Corporate Secretary who performs the role of ATIP Coordinator responsible for leading the ATIP Program. The ATIP Coordinator administers the Act with assistance from an Administrative Officer. Assistance may also be obtained via a service agreement entered into with Innovation, Science, and Economic Development (ISED) in accordance with section 96 of the Access to Information Act.

The ATIP Coordinator is accountable for the development, coordination and implementation of effective policies, guidelines, systems, and procedures to meet responsibilities under the Act, and to permit processing requests, and disclosure of information. Additionally, the ATIP Coordinator provides strategic support and advice to the executive management of the Agency regarding the administration of the ATIP program, and is responsible for all access to information activities and operations pursuant to the ATIA such as:

3. Delegation Order

The President's Access to Information Delegation Order (Annex A), was updated on March 23, 2020. It provides delegated authority to the Corporate Secretary and the Manager, IM/IT and Chief Information Officer.

4. Performance 2020-2021

CanNor's 2020-2021 Statistical Report on the Access to Information Act is attached as Annex B. The following is an overview of key data on CanNor's performance for the fiscal year:

a) Requests Received Under the Access to Information Act

CanNor received sixteen new requests and had six requests carried over from the previous reporting period for a total of twenty-two requests. Twenty-one requests were processed and closed during the 2020-2021 fiscal year and one remaining request has been carried over to the 2021-2022 reporting period. Of these twenty-one requests closed, four were completed within 1 to 15 days, nine within 16 to 30 days, two within 31 to 60 days, two within 61 to 120 days, two within 181 to 365 days, and two were completed in more than 365 days. Of twenty-one requests closed, 57% involved records which were all disclosed, 38% which were disclosed in part, and 5% did not yield any records. Two extensions were taken, one for 30 days for consultations with other Government of Canada institutions and another for 60 days in order to issue notice to a third-party. CanNor closed thirteen requests on time, leading to a 61.9% rate of completion within legislated timelines, compared with a 33% rate in 2019-20.

The following table shows a comparison for the past three years with respect to Access to Information requests.

ATIP Requests 2018/2019 2019/2020 2020/2021
Received during reporting period 5 6 16
Outstanding from previous reporting period 0 0 6*
Total 5 6 22
Closed during reporting period 5 4 21
Carried over to next reporting period 0 2(6*) 1
*Due to a technical error which has since been corrected, four requests were received several months after having been submitted via the Online Request Service in 2019-2020. For this reason, last year's annual report only indicates two requests being carried over to 2020-2021 as CanNor was not aware of these at the time.

b) Consultations Received from other Government of Canada Institutions

Twenty-one consultations from other Government of Canada Departments were received and all were closed during the 2020-2021 reporting period. Sixteen were processed within 1-15 days, two within 16-30 days, one within 31 to 60 days, one within 61 to 120 days, and one within 181 to 365 days. Of twenty-one requests, 95% involved recommendations for records to be disclosed entirely and 5% involved records for which the requesting department opted to move forward with disclosure without CanNor's recommendation.

The following table shows the comparison for the past three years with respect to Consultation requests.

Consultation Requests 2018/2019 2019/2020 2020/2021
Received during reporting period 12 23 21
Outstanding from previous reporting period 1 1 0
Total 13 24 21
Closed during reporting period 10 24 21
Carried over to next reporting period 1 0 0

c) Impacts of COVID-19-related Measures and Implemented Mitigation Measures

From the start of the pandemic, including the time period of April 1, 2020, to March 31, 2021, CanNor's ATIP Coordinator and Administrative Officer were provided with network access from their home in order to receive and respond to Access to Information requests, as well as consultation requests received from other Government of Canada institutions. Outside of periodic, locally mandated stay-at-home orders, office building access was available on an as needed basis in case any non-electronic documents or documents labelled "Secret" needed to be reviewed. However, none of the requests received during the reporting period required the review of such documents, therefore, COVID-19-related measures had no impact on CanNor's ability to fulfil its responsibilities under the Access to Information Act.

5. Training and Awareness

Informal briefings were provided to CanNor employees on the administration of the Access to Information Act. These were conducted one-on-one as needed by way of video or phone call. To raise awareness to employees, an email was sent in the early months of the pandemic to remind colleagues of information management practices in light of working remotely and the use of platforms such as Zoom and MSTeams and their associated chat functions.

6. Policies, Guidelines, Procedures and Initiatives

CanNor complies with the TBS Interim Directive on the Administration of the Access to Information Act, posting summaries of completed access to information requests to the Government of Canada's Open Government portal. Posting these summaries demonstrates consistent procedures across government institutions and helps make released records from previously made Access to Information requests discoverable and available at no cost.

CanNor uses tools to assist the Office of Primary Interest with identifying sensitivities in records that makes it easier to identify types of information that may qualify for an exemption. Using standardized retrieval email and template letters improves efficiency.

The Agency did not implement or amend any institution-specific Access to Information policies, guidelines, procedures or initiatives during the reporting period.

7. Summary or Key Issues and Actions Taken on Complaints or Audits

There were no complaints received concerning the administration of the Access to Information Act, and no audits, investigations or appeals to the Federal Court were undertaken.

8. Monitoring Compliance

As the official responsible for completion timelines, the Corporate Secretary and ATIP Coordinator is made aware of new and outstanding requests on a continual basis. A shared request database is used when processing Access to Information and Consultation requests which tracks deadlines and allows for effective monitoring.

Annex A – Access to Information Act Delegation Order

Pursuant to the powers of designation conferred upon me by Subsection 95(1) of the Access to Information Act, the persons exercising the functions or positions of Manager, IM/IT and Chief Information Officer (position number 000139900), and Corporate Secretary (position number 146270) and their respective successors, including in their absence, a person or officer designated in writing to act in the place of the holder of any such functions or positions are hereby designated to exercise those powers, duties or functions of the President as the Head of the government institution under the Act, and as set out in the attached Schedule A and B.

President - Canadian Northern Economic Development Agency

Dated at Ottawa, the 23rd of March, 2020

Schedule A - Delegation Order - Designation pursuant to section 73 of the Access to Information Act

Sections and Powers, Duties or Functions

6
Advise requesters that we need additional information to proceed with their request
7(a)
Give written notice to requestor that we can proceed with the request
8(1)
Transfer request to another institution or accept transfer from another institution
9
Extend time limits
10
Refuse to acknowledge or deny the existence of records
11
Charge additional fees
12(2)(3)
Provide access in alternate format
13
Exempt information obtained in confidence
14
Exempt information pertaining to federal-provincial affairs
15
Exempt information pertaining to international affairs and/or defence
16
Exempt information pertaining to law enforcement and investigations
17
Exempt information pertaining to the safety of individuals
18
Exempt information pertaining to the economic interests of Canada
19
Exempt personal information
20
Exempt or disclose third party information
21
Exempt information pertaining to advice, decision-making processes of government plans and positions etc.
22
Exempt information pertaining to testing procedures or audits
23
Exempt information pertaining to solicitor-client privilege
24
Exempt information subject to statutory prohibitions or other Acts of Parliament
25
Sever information
26
Exempt information to be published within 90 days
27(1)(4)
Notify third parties of their rights to provide comments/representations regarding the disclosure of their records
28(4)
Receive third party representations; make a decision as to whether to disclose the record or part thereof; and, notify third party of right to appeal to Federal Court
29(1)
Disclose information on Information Commissioner's recommendation
33
Advise the Information Commissioner of any third party involvement
35(2)
Make representations to the Information Commissioner during an investigation
37(4)
Release information to complainant
43(1)
Issue a notice to a third party of an application for Court review
44(2)
Issue a notice to an applicant that a third party has applied for Court review
52
Request special rules for hearings
69
Exclude Cabinet Confidences
71
Inspect and exempt information in manuals
72(1)
Prepare Annual Report to Parliament
77
Carry out responsibilities conferred to the Head of the institution by the regulations made under section 77 which are not included in the above

Schedule B – Delegation order – Designation pursuant to section 73 of the Access to Information Act

Sections and Powers, Duties or Functions

6
Advise requesters that we need additional information to proceed with their request
7(a)
Give written notice to requestor that we can proceed with the request
8(1)
Transfer request to another institution or accept transfer from another institution
9
Extend time limits
11
Charge additional fees
27(1)(4)
Notify third parties of their rights to provide comments/representations regarding the disclosure of their records
28(1)(2)
Receive third party representations
28(4)
Make a decision as to whether to disclose the record or part thereof; and, notify third party of right to appeal to Federal Court
33
Advise the Information Commissioner of any third party involvement
35(2)
Make representations to the Information Commissioner during an investigation
43(1)
Issue a notice to a third party of an application for Court review
44(2)
Issue a notice to an applicant that a third party has applied for Court review

Annex B – Statistical report on the Access to Information Act

Section 1: Requests Under the Access to Information Act

1.1 Number of requests

  Number of Requests
Received during reporting period 16
Outstanding from previous reporting period 6
Total 22
Closed during reporting period 21
Carried over to next reporting period 1

1.2 Sources of requests

Source Number of Requests
Media 2
Academia 0
Business (private sector) 0
Organization 1
Public 1
Decline to Identify 12
Total 16

1.3 Informal requests

Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
3 0 0 0 0 0 0 3
Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.

Section 2: Decline to act on vexatious, made in bad faith or abuse of right requests

  Number of Requests
Outstanding from previous reporting period 0
Sent during reporting period 0
Total 0
Approved by the Information Commissioner during reporting period 0
Declined by the Information Commissioner during reporting period 0
Carried over to next reporting period 0

Section 3: Requests Closed During the Reporting Period

3.1 Disposition and completion time

Disposition of Requests Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 3 5 2 0 0 2 0 12
Disclosed in part 0 4 0 2 0 0 2 8
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 1 0 0 0 0 0 0 1
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 4 9 2 2 0 2 2 21

3.2 Exemptions

Section Number of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 1
13(1)(e) 0
14 0
14(a) 0
14(b) 0
15(1) 0
15(1) - I.A.* 0
15(1) - Def.* 0
15(1) - S.A.* 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0
16(2) 0
16(2)(a) 0
16(2)(b) 0
16(2)(c) 0
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 0
16.1(1)(c) 0
16.1(1)(d) 0
16.2(1) 0
16.3 0
16.31 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
16.6 0
17 0
18(a) 0
18(b) 0
18(c) 0
18(d) 0
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 1
20(1)(a) 0
20(1)(b) 2
20(1)(b.1) 0
20(1)(c) 1
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 5
21(1)(b) 1
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 0
23.1 0
24(1) 0
26 0
* I.A.: International Affairs
Def.: Defence of Canada
S.A.: Subversive Activities

3.3 Exclusions

Section Number of Requests
68(a) 0
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 1
69(1)(a) 0
69(1)(b) 0
69(1)(c) 0
69(1)(d) 0
69(1)(e) 0
69(1)(f) 0
69(1)(g) re (a) 0
69(1)(g) re (b) 0
69(1)(g) re (c) 0
69(1)(g) re (d) 0
69(1)(g) re (e) 0
69(1)(g) re (f) 0
69.1(1) 0

3.4 Format of information released

Paper Electronic Other
0 20 0

3.5 Complexity

3.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
1225 949 20
3.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less Than 100
Pages Processed		 101-500
Pages Processed		 501-1000
Pages Processed		 1001-5000
Pages Processed		 More Than 5000
Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
All disclosed 12 291 0 0 0 0 0 0 0 0
Disclosed in part 4 57 4 601 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0 0 0
Total 16 348 4 601 0 0 0 0 0 0
3.5.3 Other complexities
Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 0 0 0 0 0
Disclosed in part 4 0 0 0 4
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0
Total 4 0 0 0 4

3.6 Closed requests

3.6.1 Number of requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 13
Percentage of requests closed within legislated timelines (%) 61.9

3.7 Deemed refusals

3.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
8 0 1 0 7
3.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines Number of Requests Past Legislated Timeline Where No Extension Was Taken Number of Requests Past Legislated Timeline Where an Extension Was Taken Total
1 to 15 days 2 1 3
16 to 30 days 0 1 1
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 3 0 3
More than 365 days 1 0 1
Total 6 2 8

3.8 Requests for translation

Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Section 4: Extensions

4.1 Reasons for extensions and disposition of requests

Disposition of Requests Where an Extension Was Taken 9(1)(a) Interference With Operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
All disclosed 0 0 0 0
Disclosed in part 0 1 0 1
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0
Total 0 1 0 1

4.2 Length of extensions

Length of Extensions 9(1)(a) Interference With Operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
30 days or less 0 1 0 0
31 to 60 days 0 0 0 1
61 to 120 days 0 0 0 0
121 to 180 days 0 0 0 0
181 to 365 days 0 0 0 0
365 days or more 0 0 0 0
Total 0 1 0 1

Section 5: Fees

Fee Type Fee Collected Fee Waived or Refunded
Requests Amount Requests Amount
Application 0 $0 16 $80
Other fees 0 $0 0 $0
Total 0 $0 16 $80

Section 6: Consultations Received From Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and organizations

Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during reporting period 21 1067 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 21 1067 0 0
Closed during the reporting period 21 1067 0 0
Carried over to next reporting period 0 0 0 0

6.2 Recommendations and completion time for consultations received from other Government of Canada institutions

Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 16 2 0 1 0 1 0 20
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 1 0 0 0 0 1
Total 16 2 1 1 0 1 0 21

6.3 Recommendations and completion time for consultations received from other organizations

Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

Number of Days Fewer Than 100
Pages Processed		 101-500
Pages Processed		 501-1000
Pages Processed		 1001-5000
Pages Processed		 More Than 5000
Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

7.2 Requests with Privy Council Office

Number of Days Fewer Than 100
Pages Processed		 101‒500
Pages Processed		 501-1000
Pages Processed		 1001-5000
Pages Processed		 More Than 5000
Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

Section 8: Complaints and investigations

Section 32 Notice of intention to investigate Subsection 30(5) Ceased to investigate Section 35 Formal representations Section 37 Reports of finding received Section 37 Reports of finding containing recommendations issued by the Information Commissioner Section 37 Reports of finding containing orders issued by the Information Commissioner
0 0 0 0 0 0

Section 9: Court Action

9.1 Court actions on complaints received before June 21, 2019 and on-going

Section 41 (before June 21, 2019) Section 42 Section 44
0 0 0

9.2 Court actions on complaints received after June 21, 2019

Section 41 (after June 21, 2019)
Complainant (1) Institution (2) Third Party (3) Privacy Commissioner (4) Total
0 0 0 0 0

Section 10: Resources Related to the Access to Information Act

10.1 Costs

Expenditures Amount
Salaries $35,000
Overtime $0
Goods and Services $537
Professional services contracts $0
Other $537
Total $35,537

10.2 Human Resources

Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.350
Part-time and casual employees 0.000
Regional staff 0.000
Consultants and agency personnel 0.000
Students 0.000
Total 0.350

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