2019–20 Annual Report to Parliament — Access to Information Act

Federal Economic Development Agency for Southern Ontario

April 1, 2019 to March 31, 2020

This publication is available upon request in accessible formats.

Contact:

Access to Information and Privacy Coordinator
Federal Economic Development Agency for Southern Ontario 410 Laurier Avenue West, 3rd Floor
Ottawa, Ontario K1A 0H5
Telephone: 613-371-3706
Email: fdo.atip-aiprp.fdo@canada.ca

This publication is also available online at the following address: http://www.feddevontario.gc.ca/eic/site/723.nsf/eng/h_02119.html

Permission to Reproduce

The information in this publication may be reproduced for non-commercial use, in part or in whole and by any means, without charge or further permission from the Federal Economic Development Agency for Southern Ontario (FedDev Ontario), provided that due diligence is exercised in ensuring the accuracy of the information reproduced; that FedDev Ontario is identified as the source institution; and that the reproduction is not represented as an official version of the information reproduced, nor as having been made in affiliation with, or with the endorsement of, FedDev Ontario.

For permission to reproduce the information in this publication for commercial redistribution, please call: 1-866-593-5505, write to: Communications Branch, Federal Economic Development Agency for Southern Ontario, 101-139 Northfield Drive West, Waterloo, Ontario N2L 5A6 or email to: fdo.communications-communications.fdo@canada.ca.

PDF Cat. No: Iu93-1/1E-PDF ISSN 2370-0343

© Her Majesty the Queen in Right of Canada, as represented by the Minister of Innovation, Science and Economic Development, 2020.

Table of Contents

  1. Introduction
  2. About the Organization
    1. Raison d'être
    2. Responsibilities
    3. Scope of operations
  3. Structure of the Access to Information and Privacy Office
  4. Delegation of Authority
  5. Analysis of the Statistical Report
    1. Sources of Requests
    2. Disposition and Completion Time
    3. Exemptions and Exclusions
    4. Additional Information
  6. Education and Training
  7. Institutional Policies and Procedures
  8. Complaints, Investigations and Court Action
  9. Monitoring Compliance
  10. Annex A – Structure of Access to Information and Privacy Office
  11. Annex B – Delegation Order
  12. Annex C – Statistical Report

Introduction

The Access to Information Act (the Act) gives Canadian citizens, as well as people and corporations in Canada, the right to have access to records under the control of federal institutions that are not of a personal nature. This right of access is consistent with the principles that government information should be available to the public, necessary exceptions to the rights of access should be limited and specific, and decisions on the disclosure of government information should be reviewed independently of government.

Section 94(1) of the Act requires that the head of every government institution prepare, for submission to Parliament, an annual report on the administration of the Actwithin the institution during each financial year. For the Federal Economic Development Agency for Southern Ontario (FedDev Ontario), the President has been designated as the head of the institution by Order in Council. Tabling of the report "shall be laid before each House of Parliament within three months after the financial year in respect of which it is made or, if the House is not then sitting, on any of the first fifteen days next thereafter that it is sitting."

This Annual Report describes how FedDev Ontario, in its eleventh year of operation, administered its responsibilities under the Act.

About the Organization

Raison d'être

FedDev Ontario was created in 2009 to work with communities, businesses, not-for-profit organizations and other levels of government in southern Ontario, to actively promote the region, and to build a strong foundation of investment and partnerships to help secure the region's economic growth and long-term prosperity.

Budget 2019 provided FedDev Ontario with permanent funding, enabling the Agency to be a reliable, long-term and trusted partner to southern Ontario communities, businesses and entrepreneurs. FedDev Ontario will continue to support the delivery of the Government's priorities in ways that are responsive to the unique challenges and opportunities that exist across southern Ontario. In 2020–21, the Agency will continue to leverage its role as a convenor and champion for the region.

Responsibilities

Through its suite of programs and activities, FedDev Ontario works to strengthen economic capacity for innovation, entrepreneurship and collaboration; and to promote the development of a strong and diversified southern Ontario economy.

Scope of operations

FedDev Ontario is headquartered in Waterloo and has regional offices in Ottawa, Peterborough and Toronto. Its mandate covers southern Ontario, which includes 37 Statistics Canada census divisions.

FedDev Ontario is part of the Innovation, Science and Economic Development portfolio. Its President oversees Agency operations and resources and reports to the Minister of Innovation, Science and Economic Development.

Structure of the Access to Information and Privacy Office

Responsibility for processing requests received under the Access to Information Act rests with the Access to Information and Privacy (ATIP) Coordinator. The ATIP Coordinator oversees the administration of the Access to Information Act and the Privacy Act (the Acts) within FedDev Ontario and ensures compliance with the legislation. The ATIP office structure also includes a Parliamentary Liaison and ATIP Officer.

The ATIP Coordinator is responsible for all daily ATIP activities and operations, as well as the development, coordination and implementation of effective policies, guidelines and procedures necessary to manage the Agency's compliance with the Acts. The ATIP office, which is located in Ottawa's regional office, responds to all formal requests submitted under the applicable Act.

The administration of both Acts at FedDev Ontario is also facilitated at the branch and regional office levels. Each organizational branch has a liaison officer who coordinates activities on the administrative processes and procedures of these Acts.

Delegation of Authority

The current ATIP Delegation Order was approved by the President (the head of the institution) on May 3, 2018. It provides full delegated authority to the ATIP Coordinator and to the Corporate Secretary. A copy of the ATIP Delegation Order is attached in Annex B.

Analysis of the Statistical Report

During the reporting period, FedDev Ontario received 40 Access to Information (ATI)requests, an increase of 48 percent compared to the previous reporting period, and carried forward three requests from 2018–19. This represents a total ATI workload of 43 files. The increase for this reporting period can be attributed to new requirements under the Access to Information Act for proactive disclosure of certain information. During the reporting period, the proactive disclosures required by section 88(b) were recorded as new requests under the Access to Information Act; however, this practice has been discontinued for future reporting periods. Discounting those requests, the number of ATI requests received by the Agency has held steady.

Graph 1 Access to Information requests received and closed by year

Text version
Year Requests received Requests closed

2015–16

31

22

2016–17

53

61

2017–18

18

19

2018–19

27

28

2019–20

40

35

Sources of requests

The breakdown of the 40 new requests received by type of user is as follows:

Media

8

Academia

0

Business (private sector)

11

Organization

1

Public

8

Decline to identify

12

Of the new requests received, 16, or 40 percent, related to grants or contributions; 14, or 35 percent, concerned the Agency's internal activities; and 10, or 25 percent, related to other matters. Media interest increased by 300 percent.

Disposition and completion time

During the 2019–20 reporting period, 35 requests were completed and eight requests were carried forward to financial year 2020–21. A detailed statistical report on Access to Information requests is attached in Annex C.

The 35 completed requests were disposed of as follows: four requests were fully disclosed, 18 requesters were granted partial disclosure, one request was fully exempted, seven requests had no existing records, no requests were transferred and one request was abandoned by the requester. No requests were excluded in full.

Twenty-eight requests held responsive records to Access to Information requests. For those requests, FedDev Ontario processed 1,730 pages, an increase of 17 percent from the previous reporting period and disclosed 1566 pages, an increase of 81 percent.

Of the 35 completed requests, the Agency responded to 20 requests within the 30-day completion range, six within the 31-60 day range, seven within the 61-120 day range, one within the 181-365 days completion range and one in more than 365 days.

Three requests closed past the legislated deadlines. This represents an on-time completion rate of 91.4 percent (8.6 percent Deemed Refusal).

During the reporting period, extensions were required under the Act 12 times under subsection 9(1)(a) for volume/search time/interference with operations, six times under subsection 9(1)(b) for consultations and three times under section 9(1)(c) for third-party notice.

It is important to note the fact that the number of extensions does not necessarily equate to the number of files for which extensions were taken. This is because any given file could require extensions for more than one reason (for example, for volume/interference with operations and for consultation with a third party; the statistical table would reflect this as two separate extensions).

Exemptions and Exclusions

As noted in Annex C, exemptions were taken during the reporting period under sections 13, 14, 19, 20 and 21. Exclusions pursuant to section 69 of the Act were taken.

Additional Information

The Agency received 35 new access consultation requests from other government institutions, an increase of 233 percent from the previous reporting period. This increase can partially be attributed to new requirements under the Access to Information Act for proactive disclosure of certain information.

Graph 2 Access Consultations received and closed by year

Text version
Year Requests received Requests closed

2015–16

28

28

2016–17

31

33

2017–18

41

40

2018–19

15

16

2019–20

35

35

Overall, the Agency completed a total of 70 requests related to the Access to Information Act (35 access requests and 35 access consultation requests), an increase of 59 percent from the previous reporting period.

Education and Training

During the 2019–20 fiscal year, the ATIP Coordinator travelled to the Waterloo, Peterborough and Toronto offices to provide ATIP training for FedDev Ontario employees. A total of 96 employees, or 33 percent of Agency staff, participated.

All FedDev Ontario employees are required to take the Canada School of Public Service course on Access to Information and Privacy Fundamentals. Between April 1, 2019 and March 31, 2020, 50 people completed the course.

Throughout the reporting period, the ATIP Coordinator provided ongoing advice and coaching to employees on access to information related matters as required.

Guidelines and procedures are provided to staff as part of the tasking documentation when they are tasked to respond to an access to information request.

Institutional Policies and Procedures

The ATIP office determines and implements best practices on an ongoing basis as topics arise.

The ATIP office actively encourages open communication with its Liaison Officers and Offices of Primary Interest (OPIs).

Complaints, Investigations and Court Action

There were no complaints received from the Office of the Information Commissioner pursuant to Section 32 during the reporting period concerning the administration of the Act. There were no investigations or court action during this period.

Monitoring Compliance

The ATIP office monitors a number of metrics for Access to Information requests. Response rates from OPIs are monitored on an ongoing basis to ensure that responses are within allowable periods.

A weekly report is provided to the President via the Operations Committee listing the number of active requests (including access consultations and privacy requests), the number of new requests received, the status of each request and the estimated release date for each.

Ad hoc reporting takes place as required. The Corporate Secretary, Vice- Presidents, Director Generals or the Office of the President are notified as appropriate.

Annex A – Structure of Access to Information and Privacy Office

Access to Information and Privacy Office

Corporate Secretary

ATIP Coordinator

Parliamentary Liaison and ATIP Officer

Annex B – Delegation Order

Text version

Access to Information Act and Privacy Act Delegation Order

Arrêté sur la délégation  en vertu de la Loi sur l'accès à l'information et de la Loi sur protection des renseignements personnels

The President of the Federal Economic Development Agency for Southern Ontario, pursuant to section 73 of the Access to Information Act and 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 and functions of the President as the head of a government institution, under the sections of the Acts set out in the schedule opposite each position. This Delegation Order supersedes all previous Delegation Orders.

En vertu de l'article 73 de la Loi sur l'accès à l'information et la Loi sur la protection des renseignements personnels, la Présidente de 1'Agence fédérale de développement économique pour le Sud de l'Ontario délègue aux titulaires des postes mentionnés à l'annexe ci-après, ainsi qu'aux personnes occupant à titre intérimaire lesdits postes, les attributions dont il est, en qualité de responsable d'une institution fédérale, investie par les articles des lois mentionnées en regard de chaque poste.  Le présent décret de délégation remplace et annule tout décret antérieur.

Schedule / Annexe

Position / Poste

Regulations /

Access to Information Act / and Regulations

Loi sur l'accès à l'information et règlements

Privacy Act and Regulations

Loi sur la protection des renseignements personnels et reglements

Corporate Secretary / Secrétaire générale

Full authority / Autorité absolue

Full authority / Autorité absolue

and

Access to Information and Privacy Coordinator, Corporate Secretariat / Coordonnateur de l'accès à l'information et de la protection des renseignements personnels, Secrétariat ministériel

Full authority / Autorité absolue

Full authority / Autorité absolue

Dated at the City of Ottawa this 3rd day of May, 2018

Daté en la ville d'Ottawa ce 3e jour de mai 2018

James Meddings, President
Federal Economic Development Agency for Southern Ontario

James Meddings, Président
Agence fédérale de développement économique pour le Sud de l'Ontario

Annex C – Statistical Report on the Access to Information Act

Name of Institution: FedDev Ontario

Reporting Period: 2019-04-01 to 2020-03-31

Section 1: Requests Under the Access to Information Act

1.1 Number of requests
 
- Number of Requests
Received during reporting period 40
Outstanding from previous reporting period 3
Total 43
Closed during reporting period 35
Carried over to next reporting period 8
1.2 Sources of requests
Source Number of Requests
Media 8
Academia 0
Business (private sector) 11
Organization 1
Public 8
Decline to Identify 12
Total 40
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
0 0 0 0 0 0 0 0

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 4 4 0 0 0 0 0 8
Disclosed in part 1 3 5 7 0 1 1 18
All exempted 0 1 0 0 0 0 0 1
All excluded 0 0 0 0 0 0 0 0
No records exist 3 4 0 0 0 0 0 7
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 0 0 1 0 0 0 0 1
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commisioner 0 0 0 0 0 0 0 0
Total 8 12 6 7 0 1 1 35
3.2 Exemptions
Section Number of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 1
13(1)(d) 0
13(1)(e) 1
14 0
14(a) 1
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) 7
20(1)(a) 0
20(1)(b) 12
20(1)(b.1) 0
20(1)(c) 10
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 4
21(1)(b) 2
21(1)(c) 2
21(1)(d) 1
22 0
22.1(1) 0
23 0
23.1 0
24(1) 0
26 0
3.3 Exclusions
Section Number of Requests
68(a) 1
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 0
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) 3
69(1)(g) re (b) 0
69(1)(g) re (c) 1
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
1 19 6
3.5 Complexity
3.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
1730 1566 28
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 8 8 0 0 0 0 0 0 0 0
Disclosed in part 14 395 3 700 1 463 0 0 0 0
All exempted 1 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned  1 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 24 403 3 700 1 463 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 24 0 0 0 24
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
Total 24 0 0 0 24
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 32
Percentage of requests closed within legislated timelines (%) 91.4
3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines Principle Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
3 2 2 1 0
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 0 0 0
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 1 1
181 to 365 days 0 0 0
More than 365 days 0 1 1
Total 0 3 3
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 Third-Party Notice 9(1)(c)
Section 69 Other
All disclosed 0 0 0 0
Disclosed in part 12 1 5 3
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 12 1 5 3
4.2 Length of extensions
Length of Extensions 9(1)(a) Interference With Operations 9(1)(b) Consultation Third-Party Notice 9(1)(c)
Section 69 Other
30 days or less 11 1 0 0
31 to 60 days 0 0 5 1
61 to 120 days 1 0 0 2
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 12 1 5 3

Section 5: Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of Requests Amount Number of Requests Amount
Application 6 $30 0 $0
Other fees 0 $0 0 $0
Total 6 $30 0 $0

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 35 125 1 50
Outstanding from the previous reporting period 0 0 0 0
Total 35 125 1 50
Closed during the reporting period 35 125 1 50
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 9 2 0 0 0 0 0 11
Disclose in part 15 4 5 0 0 0 0 24
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 24 6 5 0 0 0 0 35
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 1 0 0 0 0 0 0 1
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 0 0 0 0 0 0 1

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 2 75 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 2 75 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  $90,830
Overtime $0
Goods and Services $6,908
Professional services contracts $0 -
Other $6,908 -
Total $97,738
10.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities 
Full-time employees 1.00
Part-time and casual employees 0.25
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 1.25