2015-2016 Annual Report on the Access to Information Act

© Her Majesty the Queen in Right of Canada, represented by the Military Police Complaints Commission of Canada, 2016.

Catalogue No. DP2‑3 | ISSN 2369‑1786

Table of Contents

  1. Introduction
  2. Application of the Access to Information Act
  3. Delegation
  4. Access to Information Act Statistics
  5. Training
  6. Institutional Policies and Procedures
  7. Complaints, Audits and Investigations
  8. Monitoring

1. Introduction

Purpose of the Access to Information Act

The Access to Information Act (ATIA) provides 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 on the disclosure of government information should be reviewed independently of government.

The ATIA is intended to complement and not replace existing procedures for access to government information and is not intended to limit in any way access to the type of government information that is normally available to the general public.

The Annual Report to Parliament on the ATIA is prepared and tabled in Parliament in accordance with section 72 of the ATIA.

Military Police Complaints Commission of Canada

The Mandate

The Military Police Complaints Commission of Canada (MPCC) provides independent civilian oversight of the Canadian Armed Forces (CAF) Military Police (MP) and carries out its quasi-judicial functions pursuant to the powers conferred under Part IV of the National Defence Act.

The Mission

The mission of the MPCC is to promote and ensure the highest standards of conduct of MP in the performance of policing duties, and to discourage interference in any MP investigation.

2. Application of the Access to Information Act

Institutional Organization of Activities

The Organization

The MPCC is a micro‑agency consisting of 30 planned full‑time equivalents with an ongoing annual budget of $4.2M.

As Deputy Head, the Chairperson is supported by the General Counsel and the Chief of Staff (CoS), four part-time Governor‑in‑Council appointed Commission Members, MPCC personnel and consultants.

MPCC Access to Information and Privacy (ATIP) Program

The MPCC ATIP program provides services / products under the Access to Information Act and Privacy Act, but also provides services / products during the phases of large public interest hearings (PIH) and investigations. Furthermore, the MPCC has developed an Access to Information Framework – Plans and Strategies encompassing documented processes and management accountability to strengthen the integrity of the ATIP program.

MPCC Access to Information and Privacy Coordinator and Personnel

The Access to Information and Privacy Coordinator for the MPCC is the CoS who is supported by the Access to Information and Privacy (ATIP) Officer. The Senior Planning & Administrative Officer (SPAO) serves as back-up to the ATIP Officer. As such, ATIP requests are a shared responsibility between two delegated salaried employees, as well as the responsibility of the Offices of Primary Interest (i.e. Operations, Registrar, Finance, the Records and Information Management Officer, etc.). Each area performs these duties in addition to their regular workload.

The main activities of the ATIP officer are the following:

  • Handles assigned cases, analyzes purpose/history of request, interprets legislation and determines information that may be disclosed, exempted and excluded;
  • Provides advice and consultation to requesters and third party stakeholders and MPCC management and employees, responds to questions and concerns and ensures that they have a clear understanding of legislation and MPCC policies and procedures for handling requests and other ATIP related issues, including document security classification;
  • Conducts research and consultations with other departments and third parties to prepare responses to requesters;
  • Analyzes and provides recommendations in the preparation of exhibits for disclosure during a Public Interest Hearing in accordance with ATIP legislation, Open Court Principles and other related policies and procedures; and
  • Prepares reports for MPCC management on ATIP requests, other ATIP related issues, including statistical reports and the Annual Reports for submission to Parliament and Info Source.

The MPCC does not have any regional offices.

3. Delegation

Pursuant to section 73 of the ATIA, the Chairperson appointed the CoS, the ATIP Officer and the SPAO with the duty to exercise certain powers and to perform duties and functions under the ATIA and Regulations. (Appendix AAccess to Information Act Delegation Order).

4. Access to Information Act Statistics

During this review period, the MPCC received 18 ATIA requests and closed 14 ATIA requests. Of these requests, eight (8) were received from the public, seven (6) were from businesses, three (3) were from the media and one (1) from another organization. The MPCC received and closed two (2) consultations received from other government departments. A total of four (4) requests were carried into 2015‑16 and 8 requests were carried into 2016‑17.

Eight (8) ATIA requests, received in March 2016, were carried forward to the next reporting period.

For additional information, please refer to Appendix B.

Extensions

One (1) extension was granted under Section 9 of the Access to Information Act due to the volume of records.

Consultations from Other Institutions

The MPCC received and closed two (2) consultations received from other government departments within a 30 day timeframe.

Consultations for Other Institutions

There were no consultations for other institutions during this reporting period.

Exemptions Invoked

The MPCC invoked exemptions pursuant to section 19(1), 20(1)(b), 20(1)(c) and 20(1)(d).

Multi-Year Trends

Due to the generally small numbers of requests, it is difficult to extrapolate trends.  However, in March 2016, the MPCC received eight (8) new requests bringing the total to 18 in the reporting period. This was a 58% increase from the previous reporting year.

5. Training

In-house training, advice and coaching is provided to MPCC personnel on ATIP throughout the year. The newly appointed Chairperson as well as a Commission Member received one on one training from the ATIP Officer as part of their initial training. In addition, one legal counsel attended the Canadian Bar Association's (CBA) Access to Information and Privacy Law Symposium.

6. Institutional Policies and Procedures

Annually, the CoS reviews and updates the MPCC Access to Information Framework – Plans and Strategies and business processes. The MPCC ensures it complies with new Treasury Board of Canada Secretariat policies and directives, as a result of issues raised by the Office of the Information Commissioner of Canada, other Agents of Parliament (e.g. Auditor General, Comptroller General, etc.) or for other reasons (i.e. management reviews, evaluations, audits, etc.).

Handling of Formal Requests

The MPCC has adopted the following process to handle formal requests:

  1. Receive and acknowledge receipt of the ATI request;
  2. Create a file and register the request including capturing and updating the information in the Report on the ATIA;
  3. Review the request and determine next steps;
  4. Gather and review all documents including redacting the information if required;
  5. Validate and approve the release of the information; and
  6. Audits

7. Complaints, Audits and Investigations

During this reporting period, two (2) complaints were received by the Office of the Information Commissioner of Canada (OIC). The OIC concluded that one complaint was unfounded and the other is still under investigation. No audits were conducted during the reporting period. No appeals concerning ATIA requests with the MPCC were filed in Federal Court during this reporting period.

8. Monitoring

All ATIP requests are monitored by the CoS / ATIP Coordinator throughout the year and information such as the statistics and time to process ATI requests are captured in an ATIP report. This monitoring occurs from the receipt to the closure of all ATIP requests.

Quarterly, the CoS / ATIP Coordinator submit the ATIP reports including all other ATIP activities (i.e. ATI Annual Report, Privacy Act Annual Report, ATI Statistical Report, Privacy Act Statistical Report, Info Source, Personal Information Bank etc.), to the Executive Committee as a standing agenda item. This Committee consists of the Chairperson (Deputy Head), CoS / ATIP Coordinator and the General Counsel. During the agenda item, the ATIP Officer is present and the report is tabled, discussed and approved.


APPENDIX A - Access to Information Act and Privacy Act Delegation Order

Access to Information Act and Privacy Act Delegation Order

The Chairperson of the Military Police Complaints Commission of Canada, pursuant to section 73 of the Access to Information Act and section 73 of the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Chairperson as the head of Military Police Complaints Commission of Canada, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders.

Hilary McCormack
Chairperson
Military Police Complaints Commission of Canada

Signed in Ottawa, Ontario, Canada this 12th day of May, 2016

Access to Information Act
Provision Description Chairperson Chief of Staff Access to Information and Privacy Officer Senior Planning and Administrative Officer
4(2.1) Responsibility of head of institution
7(a) Notice where access requested
7(b) Giving access to the record
8(1) Transfer of request
9 Extension of time limits
10(1)(a)(b) Where access is refused no no
11(1), (3), (4), (5), (6) Additional Fees
12(2)(b) Language of Access
12(3)(b) Access in an alternative format
Exemption Provisions of the Access to Information Act
Provision Description Chairperson Chief of Staff Access to Information and Privacy Officer Senior Planning and Administrative Officer
13 Exemption  -Information obtained in confidence no no
14 Exemption – Federal-provincial affairs no no
15 Exemption – International affairs and defence no no
16 Exemption – Law enforcement and investigations no no
16.5 Exemption – Public Servants Disclosure Protection Act no no
17 Exemption – Safety of individuals no no
18 Exemption – Economic interests of  Canada no no
19 Exemption – Personal Information no no
20 Exemption – Third-party information no no
21 Exemption – Operations of Government no no
22 Exemption – Testing procedures, tests and audits no no
22.1 Exemption – Internal Audits no no
23 Exemption – Solicitor-client privilege no no
24 Exemption – Statutory prohibitions no no
Other Provisions of the Access to Information Act
Provision Description Chairperson Chief of Staff Access to Information and Privacy Officer Senior Planning and Administrative Officer
25 Severability
26 Refusal of access where information to be published
27(1),(4) Third party notification
28(1)(b), (2), (4) Third party notification
29(1) Notice of decision to disclose
33 Notice to Information Commissioner of notices to third parties
35(2)(b) Right to make representations no no
37(1)(b) Findings and recommendations of information Commissioner
37(4) Access to be given to complainant
43(1) Notice to third party of application to Federal Court for review
44(2) Notice to requester of application for review by third party
52(2) Special rules for hearings no no
52(3) Ex parte representations no no
71(1) Facilities for inspection of manuals no no
71(2) Exempt information may be excluded no no
72 Annual report to Parliament no no
Access to Information Regulations
Provision Description Chairperson Chief of Staff Access to Information and Privacy Officer Senior Planning and Administrative Officer
6(1) Transfer of request no no
7(2) Search and preparation fees no no
7(3) Production and programming fees no no
8 Method of access
8.1 Limitations in respect of format no no

APPENDIX B - Statistical Report on the Access to Information Act

Name of institution: MPCC

Reporting Period: 2015-04-01 to 2016-03-31

Part 1: Requests Under the Access to Information Act

1.1 Number of requests

Number of requests
Number of Requests
Received during reporting period 18
Outstanding from previous reporting period 4
Total 22
Closed during reporting period 14
Carried over to next reporting period 8

1.2 Sources of requests

Sources of requests
Source Number of Requests
Media 3
Academia 0
Business (private sector) 6
Organization 1
Public 8
Decline to Identify 0
Total 18

1.3 Informal requests

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
1 0 0 0 0 0 0 1

Note: All requests previously recorded as “treated informally” will now be accounted for in this section only.

Part 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time

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 0 0 0 0 0 0 0 0
Disclosed in part 2 2 1 1 0 0 0 6
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 5 0 0 0 0 0 0 5
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 0 0 2 0 0 1 0 3
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 7 2 3 1 0 1 0 14

2.2 Exemptions

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

2.3 Exclusions

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

2.4 Format of information released

Disposition Paper Electronic Other Formats
All disclosed 0 0 0
Disclosed in part 4 2 0
Total 4 2 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Relevant pages processed and disclosed
Disposition of Requests Number of Pages Processed Number of Pages Disclosed Number of Requests
All disclosed 0 0 0
Disclosed in part 2601 2601 6
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 3
Neither confirmed nor denied 0 0 0
2.5.2 Relevant pages processed and disclosed by size of requests
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 0 0 0 0 0 0 0 0 0 0
Disclosed in part 5 73 0 0 0 0 1 2528 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 3 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 8 73 0 0 0 0 1 2528 0 0
2.5.3 Other complexities
Other complexities
Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 1 0 0 0 1
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 1 0 0 1
Neither confirmed nor denied 0 0 0 0 0
Total 1 1 0 0 2

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
2 1 1 0 0
2.6.2 Number of days past deadline
Number of days past deadline
Number of Days Past Deadline Number of Requests Past Deadline Where No Extension Was Taken Number of Requests Past Deadline Where An Extension Was Taken Total
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 2 2
61 to 120 days 0 0 0
121  to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 2 2

2.7 Requests for translation

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

Part 3: Extensions

3.1 Reasons for extensions and disposition of requests

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 1 0
Disclosed in part 1 0 0 0
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
Total 1 0 1 0

3.2 Length of extensions

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 0 1 0
31 to 60 days 0 0 0 0
61 to 120 days 1 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 1 0 1 0

Part 4: Fees

Fees
Fee Type Fee Collected Fee Waived or Refunded
Number of
Requests
Amount Number of
Requests
Amount
Application 8 $40 0 $0
Search 0 $0 0 $0
Production 0 $0 0 $0
Programming 0 $0 0 $0
Preparation 0 $0 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 0 $0
Total 8 $40 0 $0

Part 5: Consultations Received From Other Institutions and Organizations

5.1 Consultations received from other Government of Canada institutions and organizations

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 2 35 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 2 35 0 0
Closed during the reporting period 2 35 0 0
Pending at the end of the reporting period 0 0 0 0

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

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 1 1 0 0 0 0 0 2
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 1 1 0 0 0 0 0 2

5.3 Recommendations and completion time for consultations received from other organizations

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

Part 6: Completion Time of Consultations on Cabinet Confidences

6.1 Requests with Legal Services

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

6.2 Requests with Privy Council Office

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

Part 7: Complaints and Investigations

Complaints and Investigations
Section 32 Section 35 Section 37 Total
2 0 0 2

Part 8: Court Action

Court Action
Section 41 Section 42 Section 44 Total
0 0 0 0

Part 9: Resources Related to the Access to Information Act

9.1 Costs

Costs
Expenditures Amount
Salaries $63,450
Overtime $0
Goods and Services
  • Professional services contracts - $0
  • Other - $0
$0
Total $63,450

9.2 Human Resources

Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.95
Part-time and casual employees 0.08
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 1.03

Note: Enter values to two decimal places.

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