Annual Report on the administration of the Access to Information Act 2024-2025

Table of contents

Introduction

The Access to Information Act (ATIA), enacted in 1983, grants Canadian citizens, permanent residents and any person or corporation present in Canada the right to access the records of federal institutions subject to the ATIA. This right enables individuals to access or obtain copies of records of a government institution, subject to specific and limited circumstances under the ATIA. The ATIA complements other policies and procedures to make government information available to the public, such as open-government initiatives and proactive disclosure.

Section 94 of the ATIA requires that, at the end of each fiscal year, the head of every federal government institution prepares a report to Parliament on the administration of the ATIA within the institution.

This Annual Report is tabled in Parliament under section 94 of the ATIA. This report describes how the Canadian Transportation Agency (Agency) fulfilled its responsibilities under the ATIA for the period beginning April 1, 2024, and ending March 31, 2025.

About the Agency

The Agency is an independent regulator and quasi-judicial tribunal with the powers of a superior court. It operates within the context of the very large and complex Canadian transportation system.

The Canada Transportation Act includes the National Transportation Policy, which guides the Agency. It states that competition and market forces are the prime agents in providing viable and effective transportation services and that regulation may be required to meet public policy objectives that cannot be achieved by competition and market forces alone.

The Agency has specific powers assigned to it under this legislation:

  • It is an economic regulator of modes of transportation under federal jurisdiction, and develops and applies ground rules that establish the rights and responsibilities of transportation service providers and users and that level the playing field among competitors. These rules can be binding regulations, guidelines, or codes of practice.
  • It is a tribunal that hears and resolves disputes like a court. It resolves disputes between transportation service providers and their clients or neighbours, using various tools from facilitation and mediation to arbitration and adjudication.

The Agency’s responsibilities are:

  • To help ensure that the national transportation system runs efficiently and smoothly in the interests of all Canadians: those who work and invest in it; the producers, shippers, travellers, and businesses who rely on it; and the communities where it operates.
  • To provide consumer protection for air passengers.
  • To protect the human right of persons with disabilities to an accessible transportation network.

Additional information on the Agency’s mandate is available at the Canadian Transportation Agency — Canada.ca.

The Agency does not have any non-operational (“paper”) subsidiaries.

Open Court Principle

In its role as a quasi-judicial tribunal, the Agency operates like a court when adjudicating disputes and is therefore bound by the open court principle. This means that the Agency’s proceedings must be open and accessible to all Canadians.

Any submission or document filed with the Agency as part of its formal adjudication process will be made part of the public record without redaction, unless a claim for confidentiality has been made to and accepted by the Agency. Requests for information about decisions issued in a dispute proceeding are processed informally and records are released in their entirety unless a request for confidentiality was granted.

While requests for information on the public record are processed informally by other areas of the Agency, the Access to Information and Privacy (ATIP) Division must also apply the open court principle when these records form part of a response to a request made under the ATIA.

Organizational Structure of the ATIP Division

During this reporting period, the ATIP Division was part of the Secretariat and Registrar Services Directorate (SRSD) under the Legal Services and Secretariat Branch. The ATIP Division consists of an ATIP coordinator (and team leader) reporting to the director of SRSD, and one ATIP junior officer providing administrative support and reporting to the ATIP coordinator.

The ATIP coordinator is responsible for the daily activities related to the administration and enforcement of the ATIA and the Privacy Act (PA) and for ensuring compliance with the requirements of legislation, policies and directives, as well as of any other ATIP policy instruments issued by the Treasury Board of Canada Secretariat (TBS).

Activities of the ATIP Division include:

  • processing requests for information submitted under the ATIA and the PA in accordance with legislation, regulations, policies and TBS guidelines;
  • providing advice and guidance to Agency managers and employees on the interpretation and application of the ATIA and the PA;
  • developing and offering to Agency managers and employees training and awareness sessions on how to meet their obligations under the ATIA and the PA;
  • developing policies, procedures and guidelines on how to enforce the ATIA and the PA, in accordance with the instructions issued by the TBS;
  • collaborating with the Office of the Information Commissioner and with the Office of the Privacy Commissioner on the resolution of complaints filed against the Agency;
  • coordinating the updating of the Agency’s Info Source publication;
  • ensuring that the proactive publication requirements of Part 2 of the ATIA are met by tasking the specific groups responsible for directly publishing: Finance, Communications, and the Chair and CEO’s Office; and
  • preparing statistical and annual reports for tabling in Parliament with respect to the administration and enforcement of the ATIA and the PA.

The Agency had no agreements for provision of services related to access to information in place as defined in section 96 of the ATIA during this reporting period.

Delegation Order

Delegation orders set out the powers, duties and functions for the administration of the ATIA that have been delegated by the head of the institution and specify to whom they have been delegated.

In March 2022, France Pégeot, the Chair and Chief Executive Officer, as head of the Agency, delegated full authority for the administration of the ATIA and the PA to the persons holding the positions of director of SRSD and of chief corporate officer, as well as partial authority to the persons holding the positions of ATIP coordinator and of ATIP analyst.

A copy of the signed delegation instrument is included in Appendix A.

Performance under Part 1 of the ATIA 2024–2025

The following provides an overview of the Agency’s key performance data from the Agency’s 2024-25 Statistical Reports.

Requests closed

The following table provides an overview of the Agency’s performance on closing requests over a five-year period.

Reporting year Requests Closed During the Reporting Period Requests Closed within legislated Timelines Performance and Percentage (%)
2024–2025 28 27 96.4%
2023–2024 35 28 80%
2022–2023 36 35 97.22%
2021–2022 41 39 95%
2020–2021 63 49 77.8%

Completed Requests

The Agency closed 28 requests during the reporting period: 6 were completed within 15 days; 11 were completed within 30 days; 8 were completed within 60 days; 2 were completed within 120 days; and 1 was completed within 365 days. There were no requests exceeding 365 days.

Active Requests

At the end of the 2024–2025 reporting period, the Agency had 7 active requests that were carried over to the next reporting period, 2025–2026. All 7 of these requests were received in 2024–2025, and are still within legislated timelines.

Active Complaints

At the end of the 2024–2025 reporting period, the Agency had a total of 5 active complaints: 4 complaints were received in reporting period 2024-25 and 1 complaint was received in the previous reporting period 2023–2024.

Reasons for Extensions

The ATIA allows institutions to extend the time limit to process a request for the following reasons:

  • paragraph 9(1)(a): the request is for a large number of records or necessitates a search through a large number of records and meeting the original time limit would unreasonably interfere with the operations of the government institution;
  • paragraph 9(1)(b): consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit; or
  • paragraph 9(1)(c): notice of the request is given pursuant to subsection 27(1) of the ATIA.

The ATIP Division determined that it could not meet legislative timelines for certain ATIA requests and was granted time extensions to complete their processing. The requesters were notified of the extensions taken by the ATIP Division.

Extended processing time was required for 10 of the 35 requests closed during the reporting period. Of the 10 extended requests, 10 requests were extended under paragraph 9(1)(a) — interference with operations/workload; 1 request under paragraph 9(1)(b) — consultations; and 1 request under paragraph 9(1)(c) — third-party notice.

The length of the extensions is broken down as follows: 1 request was extended for fewer than 30 days; 2 requests were extended for 31 to 60 days; and 7 requests were extended for 61–120 days.

Consultation Requests From Other Government Institutions

During this reporting period, the Agency received 8 consultation requests under the ATIA from other government institutions involving records with potential interest to the Agency. The Agency reviewed 550 pages for the 8 consultation requests received and all of the requests were disclosed entirely: 5 within the 15 days requested and/or negotiated with the institutions; and 3 within 30 days. There are no outstanding requests from the last reporting period.

Disposition of Completed Requests

The Agency completed 28 requests which were disposed as follows: 32.14% of requests were all disclosed; 17.86% of requests were disclosed in part; 7.14% of requests were abandoned; and 42.86% of requests had no records existing.

In the current reporting period 2024–2025, the Agency had a completion rate of 96% for processing 2,915 pages and disclosing 2,833 pages to requesters within legislated timelines. In the previous reporting year (2023–2024), the Agency had a completion rate of 80% for processing 17,899 pages and disclosing 9,782 pages to requesters. Compared to the last reporting period, the Agency has decreased the pages processed by 14,984 pages and decreased the pages released by 6,949 fewer pages.

The Agency’s statistical report on the ATIA for reporting year 2024–2025 as well as previous years reports are available at: Statistics on the Access to Information and Privacy Acts — Canada.ca.

Training and Awareness

During this reporting period, the ATIP Division delivered no formal training but has continued its outreach to Agency managers and employees. The ATIP Division provided ongoing guidance and recommendations on the application and interpretation of the ATIA and communicated the TBS policies and guidelines through ongoing dialogue, informal discussions and informal group training to enable Agency employees to better meet the requirements of the ATIA.

The Canada School of Public Service’s self-directed courses, entitled Fundamentals of Information Management (COR501) and Access to Information and Privacy Fundamentals (COR502), are mandatory learning for all employees and included in their learning plans which are monitored for compliance by the Agency’s managers and Workforce and Workplace Services directorate.

ATIP Coaching Services for Employees

Individual coaching sessions on MS Teams were provided upon request to Office of Primary Interests (OPI) and ATIP Liaison Officers (LO) to improve their searches for relevant records and to assist in providing a relevant record package to the ATIP Division within the established timelines.

The coaching required that ATIP employees be available to assist OPIs and/or LOs through the ongoing electronic process review by providing step-by-step training on how to respond to an ATIP and/or prepare an OPI’s response when sending a package of relevant records. The ATIP employees assisted the OPIs with formulating their recommendations by using the KOFAX Power PDF (Nuance) software. This training gave the OPIs and LOs the knowledge and skills to respond to ATIP requests and to process the requests efficiently and effectively.

Policies, Guidelines and Procedures

The Agency did not implement any new policies, guidelines, or procedures related to ATIA requests during the reporting period.

Initiatives and Projects to Improve Access to Information at the Agency

During the current reporting period, the ATIP Division has been working with the Information Technology Division to upgrade the Access to Information processing System as the product is reaching its end of life and will no longer be supported by the vendor. The ATIP Division is also working in collaboration with the Information Management team, to reorganize and update the ATIP file structure in the Agency’s corporate repository, RDIMS, for ease of retrieval. In addition, the ATIP Division has developed a standardized text for responding to ATIP requests for confidential Complaint Resolution Office information. This text was developed to provide clarity to requesters and to ensure a consistent approach in handling these requests.

Summary of Key Issues and Actions Resulting From Complaints

During the reporting period, the Agency had 6 active complaints with the Office of the Information Commissioner (OIC), comprising of 2 new complaints received during this reporting period and 4 outstanding from the previous reporting period. Two complaints were notices to the Agency pursuant to section 32 of the ATIA and 4 complaints were under subsection 35(2). The Agency closed 1 of the 6 active complaints from the last reporting period and is working with the OIC to resolve the 5 outstanding complaints in the 2025–2026 reporting period.

The Agency received 5 complaints concerning the application of the exemptions and 1 complaint regarding the search conducted for relevant records. For these 6 complaints, the Agency communicated regularly with the OIC during the course of their investigations. With respect to the complaint concerning the search conducted for relevant records, the Agency performed a new search, and found additional documents that were provided to the complainant. The OIC was satisfied with the Agency’s cooperation and closed the complaint as well-founded under subsection 35(2) of the ATIA. The Agency continued to work collaboratively with the OIC at the end of the reporting period, to identify appropriate solutions for the 5 remaining complaints related to the application of exemptions with a view to close 4 complaints under subsection 35(2), and for 1 complaint, to ensure compliance with the Information Commissioner’s initial report issued pursuant to subsection 37(1).

The Agency responded to the OIC’s requests for representations and compliance with orders and remains dedicated to giving priority to matters raised by the OIC while attempting to respond to requests within legislated timelines.

Investigation Under Section 32 of the ATIA

During the reporting period, the OIC issued to the Agency 2 notices of intention to investigate under section 32 of the ATIA.

The complaints from the OIC are broken down as follows: 1 complaint pertaining to the extension of time applied, and 1 complaint related to the exemptions applied to the records. At the end of the reporting period, these complaints were still under investigation with the OIC.

Investigation Under Section 35 of the ATIA

During the reporting period, the OIC issued 4 notices under subsection 35(2) to the Agency, requesting formal representations. The Agency provided representations in all 4 cases. The Information Commissioner issued a final report in one of these cases, finding the complaint to be well-founded under subsection 37(2). In this case, the OIC determined that the Agency failed to conduct a reasonable search for records in response to the complainant’s request. As a result, a new search was conducted, and additional records were subsequently provided to the complainant.

As of the end of the reporting period, the 3 remaining cases were active with the OIC for further consideration. The Agency was still working to provide satisfactory representations under subsection 35(2) in 2 of these cases, and no notices of intent to issue an order were communicated by the OIC in either of these cases. In the third case, the representations provided by the Agency were deemed unsatisfactory by the OIC. As a result, a notice of intent to issue an Order pursuant to subsection 37(1) was issued to the Agency.

Investigation Under Section 37 of the ATIA

During the reporting period, the Agency received one initial report under subsection 37(1) from the OIC with an intent to issue an order because the Agency failed to justify its refusal to grant the complainant access to the requested information within the required timeline.

The OIC deemed the complaint well-founded and provided the Agency with the findings of their investigation, specific recommendations to remedy the issue, and a specific time frame to implement the recommendations.

As a result, the OIC issued a formal Order pursuant to subsection 37(2) of the ATIA to provide records to the complainant within a specific timeline. The Agency advised the OIC of its intent to comply with the Order and provide the records. At the end of the reporting period, the Agency was working to implement the Order by reassessing and preparing additional documents for disclosure.

Complaints Closed

During the reporting period, the Agency closed 1 complaint filed with the OIC under section 35 of the ATIA. The complaint was closed by the OIC as well-founded.

Proactive Publication under Part 2 of the ATIA

The Government of Canada is working to enhance the role of Parliament and the proactive disclosure of information so Canadians are better able to hold Parliament, their government, and public sector officials accountable.

The Agency is committed to transparency and the highest ethical standards. As a result, in compliance with Part 2 — Proactive Publication of Information of the ATIA and with the coordinating of the proactive disclosing process by the ATIP Division, the Agency has continued to proactively disclose the required information within legislated deadlines.

The following table indicates the percentage of proactive publication requirements that were completed and published within the legislated timelines by the Agency during the reporting period 2024–2025.

Percentage of Proactive Publication Requirements that were Completed and Published Within the Legislated Timelines by the Agency in 2024–2025

Apply to all Government Institutions as defined in section 3 of the Access to Information Act
Legislative Requirement Section of the ATIA Publication Timeline Does requirement apply to your institution? (Yes/No) Internal group(s) or position(s) responsible for fulfilling requirement Percentage of proactive publication requirements published within legislated timelines (%) Link to web page where published
Travel Expenses 82 Within 30 days after the end of the month of reimbursement Yes Finance 100 https://search.open.canada.ca/travel/
Hospitality Expenses 83 Within 30 days after the end of the month of reimbursement Yes Finance 100 https://search.open.canada.ca/hospitality/
Reports tabled in Parliament
Departmental Plan 2023–2024
Departmental Results Report 2023–2024
Annual Report on the Administration of the Access to Information Act 2023–2024
Annual Report on the Administration of the Privacy Act 2023–2024
84 Within 30 days after tabling Yes Communications 100 https://otc-cta.gc.ca/eng/publication/departmental-plan-2023-2024
https://otc-cta.gc.ca/eng/publication/canadian-transportation-agencys-2023-24-departmental-results-report
https://otc-cta.gc.ca/eng/publication/annual-report-administration-access-information-act-2023-2024
https://otc-cta.gc.ca/eng/publication/annual-report-administration-privacy-act-2023-2024
Apply to government entities or departments, agencies and other bodies subject to the ATIA and listed in Schedules I, I.1, or II of the Financial Administration Act
Legislative Requirement Section of the ATIA Publication Timeline Does requirement apply to your institution? (Yes/No) Internal group(s) or position(s) responsible for fulfilling requirement Percentage of proactive publication requirements published within legislated timelines (%) Link to web page where published
Contracts over $10,000 86 Q1–3: Within 30 days after the quarter
Q4: Within 60 days after the quarter
Yes Finance 100 https://search.open.canada.ca/contracts/
Grants and Contributions over $25,000 87 Within 30 days after the quarter No Not applicable Not applicable Not applicable
Packages of briefing materials prepared for new or incoming deputy heads or equivalent 88(a) Within 120 days after appointment Yes Communications 100 https://search.open.canada.ca/opendata/?collection=transition_deputy
Titles and reference numbers of memoranda prepared for a deputy head or equivalent, that is received by their office 88(b) Within 30 days after the end of the month received Yes Chair and CEO’s Office, ATIP and Communications 100 https://search.open.canada.ca/briefing_titles/
Packages of briefing materials prepared for a deputy head or equivalent’s appearance before a committee of Parliament
Standing Committee on Transport, Infrastructure and Communities (TRAN) – February 27, 2024
88(c) Within 120 days after appearance Yes Communications 100 https://otc-cta.gc.ca/eng/standing-committee-tran-february-2024
Applies to government institutions that are departments named in Schedule I of the Financial Administration Act or portions of the core public administration named in Schedule IV of that Act (that is government institutions for which Treasury Board is the employer)
Legislative Requirement Section of the ATIA Publication Timeline Does requirement apply to your institution? (Yes/No) Internal group(s) or position(s) responsible for fulfilling requirement Percentage of proactive publication requirements published within legislated timelines (%) Link to web page where published
Reclassification of positions 85 Within 30 days after the quarter Yes Human Resources 100 https://search.open.canada.ca/reclassification/
Apply to Ministers’ Offices (that is any institution that performs proactive publication on behalf of a Minister’s Office)
Legislative Requirement Section of the ATIA Publication Timeline Does requirement apply to your institution? (Yes/No) Internal group(s) or position(s) responsible for fulfilling requirement Percentage of proactive publication requirements published within legislated timelines (%) Link to web page where published
Packages of briefing materials prepared by a government institution for new or incoming ministers 74(a) Within 120 days after appointment No Not applicable Not applicable Not applicable
Titles and reference numbers of memoranda prepared by a government institution for the minister, that is received by their office 74(b) Within 30 days after the end of the month received No Not applicable Not applicable Not applicable
Package of question period notes prepared by a government institution for the minister and in use on the last sitting day of the House of Commons in June and December 74(c) Within 30 days after last sitting day of the House of Commons in June and December No Not applicable Not applicable Not applicable
Packages of briefing materials prepared by a government institution for a minister’s appearance before a committee of Parliament 74(d) Within 120 days after appearance No Not applicable Not applicable Not applicable
Travel Expenses 75 Within 30 days after the end of the month of reimbursement No Not applicable Not applicable Not applicable
Hospitality Expenses 76 Within 30 days after the end of the month of reimbursement No Not applicable Not applicable Not applicable
Contracts over $10,000 77 Q1–3: Within 30 days after the quarter
Q4: Within 60 days after the quarter
No Not applicable Not applicable Not applicable
Ministers’ Offices Expenses
*Note: This consolidated report is currently published by TBS on behalf of all institutions.
78 Within 120 days after the fiscal year No Not applicable Not applicable Not applicable

Additional disclosures during the reporting period

Summaries of completed access requests

The Agency is required to post summaries of completed access requests on a monthly basis on the Government of Canada’s Open Government Portal. During the reporting period, the ATIP Division posted 92% with 11/12 summaries of completed access to information requests on Completed Access to Information Requests | Open Government — Government of Canada.

Monitoring compliance

During the reporting period, the Agency continued to use an ATIP software, the AccesPro Case Management system, to input, track and monitor all administrative activities and set due dates in order to meet statutory timelines. Due dates for all actions were communicated to LOs and OPIs, and reminders were sent as required. All actions taken have also been detailed in a separate tracking tool and the status of each request was communicated weekly by the ATIP Coordinator to the director of SRSD, ensuring the review of the performance, priorities and issues in the processing of requests.

In order to meet the publishing requirements within the timelines stipulated in sections 74 to 78 and 82 to 88 found in Part 2 of the ATIA for the related disclosure listed above, the ATIP Division has continued to send the programs monthly and quarterly reminders to prepare and publish their respective proactive publications and prepared guidance material to assist them through the publishing process, including a descriptive table of roles and responsibilities. The Government of Canada Proactive Disclosure web page is verified regularly and if Agency information is missing, the ATIP office follows up with the group responsible.

The Agency’s Financial Services and Asset Management Directorate protects the integrity of the Agency’s business activities by managing all financial and procurement services, including financial management and controls according to acts, regulations and central agency requirements. This includes ensuring that measures to support the right of public access to information are reflected in contracts, information-sharing agreements and information-sharing arrangements.

Appendix A: Delegation order

The Chairman and Chief Executive Officer of the Canadian Transportation Agency, pursuant to subsection 95(1) of the Access to Information Act and subsection 73(1) 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 Chairman and Chief Executive Officer as the head of Canadian Transportation Agency, under the provisions of the Acts and regulations set out in the Schedule opposite each position. This designation replaces all previous delegation orders.

Original signed by

France Pégeot

Chair and Chief Executive Officer

Date: March 30, 2022

Access to Information Act, Access to Information Regulations – Delegated Authorities

Part 1 of the Access to Information Act — Access to Government Records

Table 1: Administration of the Access to Information Act
Provision Description Delegated Authority
4(2.1) Duty to assist
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
6.1 Declining to act on request
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
7 Notice where access requested/Giving access to record
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
8(1) Transfer of request to another government institution
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
9(1) Extension of time limits
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
10 Notice where access is refused
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
11 Application fee waiver or refund
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
12(2) Language of access
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
12(3) Access to record in alternative format
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
Table 2: Exemption Provisions of the Access to Information Act
Provision Description Delegated Authority
13 Refuse access — Information obtained in confidence
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
14 Refuse access — Federal-provincial affairs
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
15 Refuse access — International affairs and defence
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
16 Refuse access — Law enforcement and investigations
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
16.5 Refuse access — Public Servants Disclosure Protection Act
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
17 Refuse access — Safety of individuals
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
18 Refuse access — Economic interests of Canada
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
18.1 Refuse access — Economic interests of certain government institutions
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
19 Refuse access — Personal information
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
20 Refuse access — Third-party information
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
21 Refuse access — Operations of government
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
22 Refuse access — Testing procedures, tests and audits
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
22.1 Refuse access — Internal audit working papers and draft internal audit reports
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
23 Refuse access — Protected information — solicitors, advocates and notaries
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
23.1 Refuse access — Protected information — patents and trademarks
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
24 Refuse access — Statutory prohibitions against disclosure
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
Table 3: Other provisions of the Access to Information Act
Provision Description Delegated Authority
25 Severability
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
26 Refuse access if information to be published
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
27(1) Notice to third parties
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
27(4) Notice to third parties — Extension of time limit
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
28(1) Notice to third parties — Representations of third party and decision
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
28(2) Notice to third parties — Waiver of representations to be made in writing
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
28(4) Notice to third parties — Disclosure of record
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
33 Notice to Information Commissioner of third-party involvement
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
35(2)(b) Right to make representations to the Information Commissioner
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
37(4) Access to record to be given to complainant
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
41(2) Application for review by Federal Court by government institution
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
41(5) Respondent named in application for review by Federal Court
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
43(1) Receive copy of application for Federal Court review
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
43(2) Service or notice of application for review by the Federal Court
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
44(2) Notice to person who requested record of application for review by Federal Court
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
52(2)(b) Request that application for Federal Court review be heard and determined in the National Capital Region
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
52(3) Request and be given opportunity to make ex parte representations
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
94 Prepare annual report to Parliament
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator

Part 2 of the Access to Information Act — Proactive publication of information

Table 4: Proactive publication of information under the Access to Information Act
Provision Description Delegated Authority
82 Travel expenses
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
83 Hospitality expenses
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
84 Reports tabled in Parliament
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
85 Reclassification of positions
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
86 Contracts over $10,000
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
88 Briefing materials
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
Table 5: Responsibilities under the Access to Information Regulations
Provision Description Delegated Authority
6(1) Transfer of request
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
7(2) Search and preparation fees
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
7(3) Production and programming fees
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
8 Method of access
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
8.1 Limitations in respect of format
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst

Privacy Act, Privacy Regulations — Delegated Authorities

Table 6: Administration of the Privacy Act
Provision Description Delegated Authority
8(2)(j)-(m) Where personal information may be disclosed
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
8(4) Requests from investigative bodies
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
8(5) Notify Privacy Commissioner of 8(2)(m) disclosures
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
9(1) Retain record of personal information disclosures
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
9(4) Notify Privacy Commissioner of new consistent uses and amend index
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
10 Include personal information in personal information banks
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
14(a) Notice where access requested
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
14(b) Giving access to the record
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
15 Extension of time limits
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
17(2)(b) Decision on whether to translate a response to a privacy request in one of the two official languages
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
17(3)(b) Decision on whether to convert personal information to an alternative format
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
Table 7: Exemption provisions of the Privacy Act
Provision Description Delegated Authority
18(2) Decision to refuse to disclose personal information contained in an exempt bank
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
19(1) Decision to refuse to disclose personal information obtained in confidence
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
19(2) Authority to disclose personal information obtained in confidence
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
20 Refuse to disclose personal information that may be injurious to federal-provincial affairs
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
21 Refuse to disclose personal information that may be injurious to international affairs and defence
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
22 Refuse to disclose personal information prepared by an investigative body, information injurious to enforcement of a law, or information injurious to the security of penal institutions
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
22.3 Refuse to disclose personal information created for the Public Servants Disclosure Protection Act
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
23 Refuse to disclose personal information prepared by an investigative body for security clearance
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
24 Refuse to disclose personal information collected or obtained for individuals sentenced for an offence if conditions are met
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
25 Refuse to disclose personal information which could threaten the safety of individuals
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
26 Refuse to disclose personal information about other individuals
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
27 Refuse to disclose protected information — solicitors, advocates and notaries
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
27.1 Refuse to disclose protected information — patents and trademarks
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
28 Refuse to disclose personal information relating to an individual’s medical record
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
31 Receive notice of investigation by the Privacy Commissioner
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
33(2) Right to make representations to the Privacy Commissioner during an investigation
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
35(1) Receive Privacy Commissioner’s report of findings and give notice of action taken
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
35(4) Provide access to additional personal information to complainant as detailed in notice of action taken
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
36(3) Receive Privacy Commissioner’s report of findings of investigation and recommendations of exempt banks
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
37(3) Receive Privacy Commissioner’s report of findings and recommendations of compliance investigation
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
51(2)(b) Request that a court hearing, undertaken with respect to certain sections of the Act, be held in the National Capital Region
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
51(3) Request and be given right to make representations in section 51 hearings
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
72(1) Prepare annual report to Parliament
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
Table 8: Responsibilities of the Privacy Regulations
Provision Description Delegated Authority
9 Allow examination of the documents (Reading Room)
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
11(2) Notification of correction
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
11(4) Correction refused, notation placed on file
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
13(1) Disclosure to a medical practitioner or psychologist
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
14 Disclosure in the presence of a medical practitioner or psychologist
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
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