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Annual Report on the Access to Information Act 2022–23

Date of Publishing:

Introduction

The Access to Information Act gives Canadian citizens and permanent residents, as well as any person or corporation present in Canada, a right of access to information contained in government records, subject to certain specific and limited exceptions.

Section 94(1) of the Act requires the head of each government institution to prepare an annual report on the administration of the Act within the institution and to submit the report to Parliament. In addition, section 20 of the Service Fees Act requires institutions to report on all statutory fees processed during the reporting period.

This report to Parliament, which is prepared and tabled in accordance with section 94 of the Access to Information Act and section 20 of the Service Fees Act, describes the activities of the National Security and Intelligence Review Agency (NSIRA) Secretariat in administering these Acts during the period of April 1, 2022 to March 31, 2023.

If you require more information or wish to make a request under the Access to Information Act or the Privacy Act, please direct your inquiries to the following:

Access to Information and Privacy Office
National Security and Intelligence Review Agency
P.O. Box 2430, Station “D” Ottawa, Ontario, K1P 5W5
Email: ATIP@nsira-ossnr.gc.ca

Who we are

Established in July 2019, NSIRA is an independent agency that reports to Parliament and conducts investigations and reviews of the federal government’s national security and intelligence activities.

The NSIRA Secretariat assists NSIRA in fulfilling its mandate. It is the NSIRA Secretariat, headed by an Executive Director, that is the government institution for the purposes of the Access to Information Act and the Privacy Act.

Mandate

NSIRA has a dual mandate to conduct reviews and investigations in relation to Canada’s national security or intelligence activities. 

Reviews

NSIRA’s review mandate is broad, as outlined in subsection 8(1) of the National Security and Intelligence Review Agency Act (NSIRA Act). This mandate includes reviewing the activities of both the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE), as well as the national security- or intelligence-related activities of any other federal department or agency. This includes, but is not limited to, the national security or intelligence activities of the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency (CBSA), the Department of National Defence (DND) and Canadian Armed Forces (CAF), Global Affairs Canada (GAC), and the Department of Justice. Further, NSIRA may review any national security or intelligence matters that a minister of the Crown refers to NSIRA.

NSIRA reviews assess whether Canada’s national security and intelligence activities comply with relevant laws, policies, and ministerial directions, and whether they are reasonable and necessary. In conducting its reviews, NSIRA can make any findings or recommendations it considers appropriate.

Investigations

NSIRA is responsible for investigating national security or intelligence-related complaints from members of the public. As outlined in paragraph 8(1)(d) of the NSIRA Act, NSIRA has the mandate to investigate complaints about:

  • any activity of CSIS or of CSE;
  • decisions to deny or revoke certain federal government security clearances;
  • any complaint referred under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act,
  • reports made under section 19 of the Citizenship Act, and
  • matters referred under section 45 of the Canadian Human Rights Act.

Access to Information and Privacy Office

NSIRA’s ATIP Office is accountable for the development and implementation of effective policies, guidelines, systems, and procedures to ensure that the NSIRA Secretariat meets its responsibilities under the Access to Information Act and the Privacy Act.

For the reporting period, the NSIRA ATIP office consisted of:

  • 1 Full-time Access to Information Consultant;
  • 1 Part-time Privacy Consultant; and
  • 1 Full-time ATIP Manager who fulfilled the duties that would normally be carried out by an ATIP Coordinator, as well as managed the ATIP Office, in addition to fulfilling normal duties as Manager of Administrative Services for the Secretariat and Agency Members.

NSIRA Secretariat Corporate Legal Counsel and Senior General Counsel supported the ATIP office on an as required basis.

The ATIP Office is responsible for the following:

  • monitoring compliance with ATIP legislation and relevant procedures and policies;
  • processing requests under both the Access to Information Act and the Privacy Act;
  • developing and maintaining policies, procedures, and guidelines to ensure that the NSIRA Secretariat respected the Access to Information Act and the Privacy Act;
  • maintaining Personal Information Banks and conducting privacy impact assessments.
  • preparing annual reports to Parliament and other statutory reports, as well as other material that might be required by central agencies; and
  • representing the NSIRA Secretariat in dealings with the Treasury Board of Canada Secretariat, the information and privacy commissioners, and other government departments and agencies in matters pertaining to the Access to Information Act and the Privacy Act.

The NSIRA Secretariat was a party to a service agreement under section 96 of the Access to Information Act during the reporting period, pursuant to which it received administrative services from the Privy Council Office related to the tabling of the Access to Information Act annual report in Parliament. The NSIRA Secretariat was also a party to a service agreement under section 92 of the Act, pursuant to which it received ATIP Online services from the Treasury Board of Canada Secretariat.

The NSIRA Secretariat ensured that the following proactive publication legislative requirements were met during the reporting period with the assistance of its Finance team:

  • Travel expenses;
  • Hospitality expenses;
  • Reports tabled in Parliament; and
  • Contracts over $10,000.

To assist the ATIP Office in meeting its overall legislative obligations, the NSIRA Secretariat relied on a collaborative internal group of subject matter points of contact from all its branches.

Delegation Order

The Executive Director, as the Head of the NSIRA Secretariat, is responsible for the administration of the Access to Information Act within the institution. Pursuant to section 95 of the Access to Information Act, the Executive Director has delegated the ATIP Manager and ATIP Officer – as well as persons acting in these positions – to perform powers, duties, and functions for the administration of the Act. These positions have limited delegation of authority under the Act and the Privacy Act, in accordance with the delegation of authority instrument approved by the Executive Director in August 2022. The Access to Information Act Delegation Order can be found in Appendix A.

Performance 2022-2023

Performance in Processing Access Requests

During the reporting period, from April 1, 2022 to March 31, 2023, the NSIRA Secretariat received 11 formal requests in addition to 10 requests that were outstanding from previous reporting periods, bringing the total number of requests to 21. Of these, the NSIRA Secretariat closed 15 requests in 2022-23, and 6 were carried over to the next reporting period. Five of the carried-over requests were received during the 2022-23 reporting period, of which two open requests are within the legislated timelines as of March 31, 2023, and four are beyond the legislated timelines, including one request that was received during the 2018-19 reporting period.

Statistical Reports for 2022-2023

The institution’s 2022-2023 Statistical Report on the Access to Information Act and Supplemental ATIP Statistical Report for 2022-2023 are found in Appendices B and C.

Extensions and Completion Time of Closed Requests

During the reporting period, the NSIRA Secretariat invoked extensions in processing 10 requests: 1 extension of 31 to 60 days, 3 extensions of 61 to 120 days, 2 extensions of 121 to 180 days, 2 extensions of 181 to 365 days, and 2 extensions of 365 days or more, all of which included extensions necessary to consult with third parties.

Of the requests completed during the reporting period,

  • 2 requests, or 13.33% of the requests completed, were disclosed in its entirety. 1 request completed within 16 to 30 days, and 1 request completed within 181 to 365 days.
  • 7 requests, or 46.66% of the requests completed, were disclosed in part. 3 requests completed within 61 to 120 days, 2 requests completed within 181 to 365 days, and 2 requests completed more than 365 days.
  • 2 requests, or 13.33% of the requests completed, were all exempted. 1 request completed within 1 to 15 days, and 1 request completed within 31 to 60 days.
  • 1 request, or 6.66% of the requests completed, resulted in no records. This request was completed within 16 to 30 days.
  • 1 request, or 6.66% of the requests completed was abandoned and completed within 1 to 15 days.
  • 2 requests, or 13.33% of the requests completed, were neither confirmed nor denied. 1 request completed within 16 to 30 days, and 1 request completed within 31 to 60 days.

The NSIRA Secretariat’s responses to many requests required intensive review of complex records, including extensive internal and external consultations due to a significant portion of our information holdings consisting of sensitive and classified records created or originally received by other government institutions owing to NSIRA’s mandate. In 2022-23, the NSIRA Secretariat’s on-time response rate decreased extensively to 33% from 80% in the previous reporting year.

Consultations

The NSIRA Secretariat was consulted on 4 requests this fiscal year. All 4 requests were completed within 61 to 120 days. The NSIRA Secretariat closed all consultations and carried over none into 2023-2024.

Requests Treated Informally

In 2022-2023, the NSIRA Secretariat responded to 2 informal requests for records previously released under the Access to Information Act and carried over one into 2023-2024.

Impact of COVID-19 measures

During the reporting period, the NSIRA Secretariat was not affected by measures related to the COVID‑19 pandemic.

Complaints and Investigations of Access Requests

Subsection 30(1) of the Act describes how the Office of the Information Commissioner receives and investigates complaints from individuals regarding the processing of requests under the Act. The NSIRA Secretariat received three new complaints during the reporting period. One of these complaints was discontinued during the reporting period, while the other two complaints remained active on March 31, 2023.

Moreover, one complaint received in fiscal year 2021-2022 was closed as “well-founded” during this reporting period. This complaint concerned the NSIRA Secretariat’s delay in providing a fulsome response to a large request that was made to NSIRA’s predecessor, the Security Intelligence Review Committee (SIRC), before the established legislative deadline. The delay was largely due to extended external consultations.

Training and Awareness

During the reporting period, access to information training requirements were identified for all NSIRA Secretariat employees, as well as for those with functional or delegated responsibility for the administration of the Access to Information Act, in accordance with the Directive on Access to Information Requests. The Canada School of Public Service course Access to Information and Privacy Fundamentals (COR502) was included as mandatory training in all employees’ training curriculum.

Privacy policies, guidelines, procedures and initiatives

The NSIRA Secretariat updated the Delegation Order during the reporting period. We also engaged with Library and Archives Canada on obtaining institution-specific disposition authorities, as we are currently operating under the former SIRC’s disposition authorities.

Proactive Publication under Part 2 of the ATIA

In accordance with paragraph 81(b) of the Access to Information Act, the NSIRA Secretariat is a government entity subject to the following proactive publication requirements:

  • Briefing materials (section 88)

During the reporting period, NSIRA Secretariat proactive publications were published on open.canada.ca.

Of the total proactive publication requirements that were due during the reporting period, 80% were published within the legislated timelines.

Initiatives and Projects to Improve Access to Information

The NSIRA Secretariat’s IT team began work to develop an ATIP software tool for our classified and unclassified systems. The NSIRA Secretariat also signed a memorandum of understanding with TBS to make full use of ATIP online and implemented the tool during the reporting period.

Summary of Key Issues and Actions Taken on Complaints

The NSIRA Secretariat hired a consultant to help process the large aforementioned access request made to its predecessor; a request that was subsequently the subject of a delay complaint made in FY 2021-2022 and deemed well-founded by the Information Commissioner during the reporting period. The NSIRA Secretariat took concrete action during the reporting period to comply with the Commissioner’s order to provide a fulsome response to the request “forthwith”, including but not limited to streamlining the consultation process with another government institution and disclosing additional records to the requestor.

Access to Information Act Fees for the Purposes of the Service Fees Act

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.

With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.

  • Enabling authority: Access to Information Act
  • Fee payable: $5.00 application fee is the only fee charged for an ATI request
  • Total revenue: $30
  • $25
  • Cost of operating the program: $294,640

Monitoring Compliance

In order to meet legislative deadlines for access to information requests, deadlines for individual requests are strictly monitored by using MS Outlook reminders. The ATIP Manager organizes ad hoc meetings to discuss request-related activities (such as whether inter-institutional consultations are necessary), determine deadlines and ensure that all team members are informed of the status of files. At bi-weekly team meetings with the Senior General Counsel and Corporate Counsel, the ATIP Manager raises and discusses compliance with legislative and policy obligations. The Executive Director is also briefed on all ATIP compliance issues.

The NSIRA Secretariat has a document setting out the procedures to be followed in carrying out our monthly proactive disclosure, together with the associated expectations and timelines, in order to monitor the accuracy and completeness of the information proactively published under Part 2 of the Act.

During the reporting period, the NSIRA Secretariat also began assessing the feasibility of making information previously released under the Access to Information Act available on its public-facing website.

For contracts issued during the reporting period, the NSIRA Secretariat included a General Condition on Access to Information from Public Services and Procurement Canada’s Standard Acquisition Clauses and Conditions Manual.

Appendix A: Delegation Order

Access to Information Act Designation Order

The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Access to Information Act set out in the schedule opposite each position.

Privacy Act Designation Order

The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 73 of the Privacy Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Privacy Act set out in the schedule opposite each position.

Appendix B: 2022-2023 Statistical Report on the Access to Information Act

Name of institution: National Security and Intelligence Review Agency

Reporting period: 2022-04-01 – 2023-03-31

Section 1: Request Under the Access to Information Act

1.1 Number of Requests
  Number of Requests
Received during reporting period 11
Outstanding from previous reporting period 9
Outstanding from more than one reporting period 1
Total 21
Closed during reporting period 15
Carried over to next reporting period 6
Carried over within legislated timeline 2
Carried over beyond legislated timeline 4
1.2 Sources of requests
Source Number of Requests
Media 0
Academia 0
Business (private sector) 0
Organization 0
Public 10
Decline to Identify 1
Total 11
1.3 Channels of requests
Source Number of Requests
Online 10
E-mail 0
Mail 1
In person 0
Phone 0
Fax 0
Total 11

Section 2: Informal requests

2.1 Number of informal requests
  Number of Requests
Received during reporting period 3
Outstanding from previous reporting periods 0
Outstanding from more than one reporting period 0
Total 3
Closed during reporting period 2
Carried over to next reporting period 1
2.2 Channels of informal requests
Source Number of Requests
Online 0
E-Mail 3
Mail 0
In person 0
Phone 0
Fax 0
Total 3
2.3 Completion time of 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
2 0 0 0 0 0 0 2
2.4 Pages released informally
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
2 65 0 0 0 0 0 0 0 0
2.5 Pages re-released informally
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
0 0 0 0 0 0 0 0 0 0

Section 3: Applications to the Information Commissioner on Declining to Act on 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
Withdrawn during reporting period 0
Carried over to next reporting period 0

Section 4: Requests Closed During the Reporting Period

4.1 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 0 1 0 0 0 1 0 2
Disclosed in part 0 0 0 3 0 2 2 7
All exempted 1 0 1 0 0 0 0 2
All excluded 0 0 0 0 0 0 0 0
No records exist 0 1 0 0 0 0 0 1
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 1 0 0 0 0 0 0 1
Neither confirmed nor denied 0 1 1 0 0 0 0 2
Decline to act with the approval of the Information Commisioner 0 0 0 0 0 0 0 0
Total 2 3 2 3 0 3 2 15
4.2 Exemptions
Section Numbers of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 0
14 0
14(a) 0
14(b) 0
15(1) – I. A. * 0
15(1) – Def. * 5
15(1) – S.A. * 1
16(1)(a)(i) 3
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 1
16(1)(c) 4
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) 2
20(1)(a) 0
20(1)(b) 0
20(1)(b.1) 0
20(1)(c) 0
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 0
21(1)(b) 0
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 1
23.1 0
24(1) 1
26 0

* I.A.: International Affairs
* Def.: Defence of Canada
* S.A.: Subversive Activities

4.3 Exclusions
Section Numbers of Requests
68(a) 0
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) 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
4.4 Format of information released
Paper Electronic Other
E-record Data set Video Audio
0 9 0 0 0 0
4.5 Complexity
4.5.1 Relevant pages processed and disclosed for paper and e-record formats
Number of Pages Processed Number of Pages Disclosed Number of Requests
856 856 14
4.5.2 Relevant pages processed per request disposition for paper and e-record formats 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 1 7 1 322 0 0 0 0 0 0
Disclosed in part 6 247 1 280 0 0 0 0 0 0
All exempted 2 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 2 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 12 254 2 602 0 0 0 0 0 0
4.5.3 Relevant minutes processed and disclosed for audio formats
Number of Minutes Processed Number of Minutes Disclosed Number of Requests
0 0 0
4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition Less Than 60 Minutes Processed 60 – 120 Minutes Processed More than 120 Minutes Processed
Number of Requests Minutes Processed Number of Requests Minutes Processed Number of Requests Minutes Processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0
Total 0 0 0 0 0 0
4.5.5 Relevant minutes processed and disclosed for video formats
Number of Minutes Processed Number of Minutes Disclosed Number of Requests
0 0 0
4.5.6 Relevant minutes processed per request disposition for video formats by size of requests
Disposition Less Than 60 Minutes Processed 60 – 120 Minutes Processed More than 120 Minutes Processed
Number of Requests Minutes Processed Number of Requests Minutes Processed Number of Requests Minutes Processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0
Total 0 0 0 0 0 0
4.5.7 Other complexities
Disposition Consultation Required Legal Advice Sought Other Total
All disclosed 0 0 0 0
Disclosed in part 0 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
Request abandoned 0 0 0 0
Neither confirmed nor denied 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0
Total 0 0 0 0
4.6 Closed requests
4.6.1 Requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 5
Percentage of requests closed within legislated timelines (%) 33.33333333
4.7 Deemed refusals
4.7.1 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
10 0 10 0 0
4.7.2 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 0 0
31 to 60 Days 0 2 2
61 to 120 Days 0 3 3
121 to 180 Days 0 0 0
181 to 365 Days 0 3 3
More than 365 Days 0 2 2
Total 0 10 10
4.8 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 5: Extensions

5.1 Reasons for extensions and disposition of requests
Disposition of Requests Where an Extension Was taken 9(1)(a) Interference With Operations/Workload 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
All disclosed 0 0 2 0
Disclosed in part 0 0 7 0
All exempted 0 0 1 0
All excluded 0 0 0 0
Request abandoned 0 0 0 0
No records exist 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0
Total 0 0 10 0
5.2 Length of extensions
Length of Extensions 9(1)(a) Interference With Operations/Workload 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
30 days or less 0 0 0 0
31 to 60 days 0 0 1 0
61 to 120 days 0 0 3 0
121 to 180 days 0 0 2 0
181 to 365 days 0 0 2 0
365 days or more 0 0 2 0
Total 0 0 10 0

Section 6: Fees

Fee Type Fee Collected Fee Waived Fee Refunded
Number of Requests Amount Number of Requests Amount Number of Requests Amount
Application 0 $30.00 5 $0.00 0 $0.00
Other fees 0 $0.00 0 $0.00 0 $0.00
Total 6 $30.00 5 $0.00 0 $0.00

Section 7: Consultations Received From Other Institutions and Organizations

7.1 Consultations received from other Government of Canada institutions and other organizations
Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during reporting period 4 189 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 4 189 0 0
Closed during the reporting period 4 189 0 0
Carried over within negotiated timelines 0 0 0 0
Carried over beyond negotiated timelines 0 0 0 0
7.2 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 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 4 0 0 0 4
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 4 0 0 0 4
7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
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 8: Completion Time of Consultations on Cabinet Confidences

8.1 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
8.2 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 9: Investigations and Reports of finding

9.1 Investigations
Section 32 Notice of intention to investigate Subsection 30(5) Ceased to investigate Section 35 Formal Representations
3 0 0
9.2 Investigations and Reports of finding
Section 37(1) Initial Reports Section 37(2) Final Reports
Received Containing recommendations issued by the Information Commissioner Containing orders issued by the Information Commissioner Received Containing recommendations issued by the Information Commissioner Containing orders issued by the Information Commissioner
1 1 1 1 1 1

Section 10: Court Action

10.1 Court actions on complaints
Section 41
Complainant (1) Institution (2) Third Party (3) Privacy Commissioner (4) Total
0 0 0 0 0
10.2 Court actions on third party notifications under paragraph 28(1)(b)
Section 44 – under paragraph 28(1)(b)
0
11.1 Allocated Costs
Expenditures Amount
Salaries $100,000
Overtime $0
Goods and Services $194,640
Professional services contracts $194,640
Other $0
Total $294,640
11.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.000
Part-time and casual employees 1.000
Regional Staff 0.000
Consultants and agency personnel 1.000
Students 1.000
Total 3.000

Note: Enter values to three decimal places.

Appendix C: Supplemental Statistical Report on the Access to Information Act and Privacy Act

Section 1: Capacity to Receive Requests under the Access to Information Act and the Privacy Act

  Number of weeks
Able to receive requests by mail 52
Able to receive requests by email 52
Able to receive requests through the digital request service 52

Section 2: Capacity to Process Records under the Access to Information Act and the Privacy Act

2.1 Number of weeks your institution was able to process paper records in different classification levels
  No capacity Partial Capacity Full capacity Total
Unclassified Paper Records 0 0 52 52
Protected B Paper Records 0 0 52 52
Secret and Top Secret Paper Records 0 0 52 52
2.2 Number of weeks your institution was able to process electronic records in different classification levels
  No capacity Partial Capacity Full capacity Total
Unclassified Paper Records 0 0 52 52
Protected B Paper Records 0 0 52 52
Secret and Top Secret Paper Records 0 0 52 52

Section 3: Open Requests and Complaints Under the Privacy Act

3.1 Number of open requests that are outstanding from previous reporting periods.

Fiscal Year Open Requests Were Received Open Requests that are Within Legislated Timelines as Open Requests that are Beyond Legislated Timelines as of March 31, 2023 Total
Received in 2022-23 2 3 5
Received in 2021-22 0 0 0
Received in 2020-21 0 0 0
Received in 2019-20 0 0 0
Received in 2018-19 0 1 1
Received in 2017-18 0 0 0
Received in 2016-17 0 0 0
Received in 2015-16 0 0 0
Received in 2014-15 0 0 0
Received in 2013-14 or earlier 0 0 0

3.2 Number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods

Fiscal Year Open Complaints were received by institutions Open Requests that are Within Legislated Timelines as
Received in 2022-23 3
Received in 2021-22 0
Received in 2020-21 0
Received in 2019-20 0
Received in 2018-19 0
Received in 2017-18 0
Received in 2016-17 0
Received in 2015-16 0
Received in 2014-15 0
Received in 2013-14 or earlier 0
Total 3
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Date Modified:

Annual Report on the Access to Information Act 2021–22

Date of Publishing:

Introduction

The Access to Information Act gives Canadian citizens and permanent residents, as well as any person or corporation present in Canada, a right of access to information contained in government records, subject to certain specific and limited exceptions.

Section 94(1) of the Act requires the head of each government institution to prepare an annual report on the administration of the Act within the institution and to submit the report to Parliament. In addition, section 20 of the Service Fees Act requires institutions to report on all statutory fees processed during the reporting period.

This report to Parliament, which is prepared and tabled in accordance with Section 94 of the Access to Information Act, and section 20 of the Service Fees Act, describes the activities of the National Security and Intelligence Review Agency Secretariat in administering these Acts during the period April 1, 2021 to March 31, 2022.

If you require more information or wish to make a request under the Access to Information Act or the Privacy Act, please direct your inquiries to the following:

Access to Information and Privacy Office
National Security and Intelligence Review Agency
P.O. Box 2430, Station “D” Ottawa, Ontario, K1P 5W5
Email: ATIP@nsira-ossnr.gc.ca

Who we are

Established in July 2019, NSIRA is an independent agency that reports to Parliament and conducts investigations and reviews of the federal government’s national security and intelligence activities.

The NSIRA Secretariat assists the Review Agency in fulfilling its mandate.

Mandate

NSIRA has a dual mandate to conduct reviews and investigations in relation to Canada’s national security or intelligence activities. 

Reviews

NSIRA’s review mandate is broad, as outlined in subsection 8(1) of the National Security and Intelligence Review Agency Act (NSIRA Act). This mandate includes reviewing the activities of both the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE), as well as the national security- or intelligence-related activities of any other federal department or agency. This includes, but is not limited to, the national security or intelligence activities of the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency (CBSA), the Department of National Defence (DND) and Canadian Armed Forces (CAF), Global Affairs Canada (GAC), and the Department of Justice. Further, NSIRA may review any national security or intelligence matters that a minister of the Crown refers to NSIRA.

NSIRA reviews assess whether Canada’s national security and intelligence activities comply with relevant laws, policies, and ministerial directions, and whether they are reasonable and necessary. In conducting its reviews, NSIRA can make any findings or recommendations it considers appropriate.

Investigations

NSIRA is responsible for investigating national security or intelligence-related complaints from members of the public. As outlined in paragraph 8(1)(d) of the NSIRA Act, NSIRA has the mandate to investigate complaints about:

  • any activity of CSIS or of CSE;
  • decisions to deny or revoke certain federal government security clearances;
  • any complaint referred under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act,
  • reports made under section 19 of the Citizenship Act, and
  • matters referred under section 45 of the Canadian Human Rights Act.

Access to Information and Privacy Office

NSIRA’s ATIP Office is accountable for the development and implementation of effective policies, guidelines, systems, and procedures to ensure that the NSIRA Secretariat meets its responsibilities under the Access to Information Act and the Privacy Act.

For the reporting period, the NSIRA ATIP office consisted of:

  • 1 full-time ATIP Coordinator
  • 1 part-time ATIP Consultant
  • 1 full-time Senior Director, who managed the ATIP office in addition to fulfilling normal duties as Senior Director of Corporate Services

NSIRA Legal Services supported the ATIP team on an as required basis.

The main activities of the ATIP Coordinator included:

  • monitoring compliance with ATIP legislation and relevant procedures and policies;
  • processing requests under both the Access to Information Act and the Privacy Act;
  • developing and maintaining policies, procedures, and guidelines to ensure that the NSIRA Secretariat respected the Access to Information Act and the Privacy Act;
  • maintaining Personal Information Banks and conducting privacy impact assessments.
  • preparing annual reports to Parliament and other statutory reports, as well as other material that might be required by central agencies; and
  • representing the NSIRA Secretariat in dealings with the Treasury Board of Canada Secretariat, the information and privacy commissioners, and other government departments and agencies in matters pertaining to the Access to Information Act and the Privacy Act.

To assist the ATIP Office in meeting its legislative obligations, NSIRA relied on a collaborative internal group of subject matter points of contact from all its branches.

Delegation Order

The Executive Director, as the Head of the National Security and Intelligence Review Agency Secretariat and pursuant to s.95(1) of the ATIA, is responsible for the implementation of the ATIA for NSIRA. Through the most recent NSIRA delegation order, the Executive Director has designated the ATIP Coordinator and ATIP Officer to perform the powers, duties, functions, or administrative tasks pertaining to the ATIA. These functions have limited delegation of authority under the Act and the Privacy Act, in accordance with the delegation of authority instrument approved by the Executive Director in August 2022. The recently amended ATIA delegation orders can be found in Appendix A.

Performance and Statistical Overview

Performance in Processing Access Requests

During the reporting period, the number of access requests received by NSIRA increased by 1300% (14) compared to the previous year (1). The Agency also managed one request that was pending from previous years, bringing the total number of cases to 15. Of these, NSIRA closed 5 requests in 2021- 22, and 10 were carried over to the next reporting period.

NSIRA’s responses to many requests required intensive review of complex records, including extensive internal and external consultations. In 2021-22, NSIRA’s on-time response rate decreased to 80% from 100% in the previous reporting year.

Consultations

NSIRA was consulted on 12 requests this fiscal year, compared to 7 in the previous reporting period. NSIRA closed 11 consultations and carried over one into 2022-2023.

Requests Treated Informally

In 2021-2022, NSIRA responded to 7 informal requests for records previously released under the ATIA process. This is an increase from no informal requests in 2020-2021. NSIRA responded to all 7 requests within 30 days of the request.

Complaints and Investigations of Access Requests

Subsection 30(1) of the Act describes how the Office of the Information Commissioner receives and investigates complaints from individuals regarding the processing of requests under the Act. NSIRA received one new complaint during the reporting period and worked closely with the Office of the Information Commissioner to resolve the complaint. This complaint concerned NSIRA’s delay in providing a response to a request before the established legislative deadline. NSIRA’s delay was largely due to extended external consultations; however, the complaint was closed as “well-founded” in 2022-2023 reporting period.

Access to Information Act fees for the Purposes of the Service Fees Act

In accordance with the Interim Directive on the Administration of the ATIA, issued on May 5, 2016, and the changes to the ATIA that came into force on June 21, 2019, NSIRA waived or refunded all fees prescribed by the Act and Regulations during the reporting period.

Training

In 2021–22, the ATIP office provided orientation sessions to new and current employees. In all, 3 separate sessions on access and privacy legislation were provided to 60 employees.

Privacy policies, guidelines, procedures and initiatives

NSIRA did not revise policies, guidelines, or procedures related to the Access to Information Act—or implement new ones—during the reporting period. 

Monitoring processing time

Request processing times are monitored through the Access Pro software dashboard. The ATIP Coordinator notifies the Executive Director and suggests a course of action should any legislative timelines for responding to an ATIA request appear to be at risk. 

Appendix A: Delegation Order

Access to Information Act Designation Order

The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Access to Information Act set out in the schedule opposite each position.

Privacy Act Designation Order

The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 73 of the Privacy Act*, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Privacy Act set out in the schedule opposite each position.

Appendix B: 2019-2020 Statistical Report on the Access to Information Act

Name of institution: National Security and Intelligence Review Agency

Reporting period: 2019-04-01 – 2020-03-31

Section 1: Request Under the Access to Information Act

1.1 Number of Requests
  Number of Requests
Received during reporting period 14
Outstanding from previous reporting period 0
Outstanding from more than one reporting period 1
Total 15
Closed during reporting period 5
Carried over to next reporting period 10
Carried over within legislated timeline 9
Carried over beyond legislated timeline 1
1.2 Sources of requests
Source Number of Requests
Media 4
Academia 0
Business (private sector) 0
Organization 0
Public 10
Decline to Identify 0
Total 14
1.3 Channels of requests
Source Number of Requests
Online 12
E-mail 1
Mail 1
In person 0
Phone 0
Fax 0
Total 14

Section 2: Informal requests

2.1 Number of informal requests
  Number of Requests
Received during reporting period 7
Outstanding from previous reporting periods 0
Outstanding from more than one reporting period 0
Total 7
Closed during reporting period 7
Carried over to next reporting period 0
2.2 Channels of informal requests
Source Number of Requests
Online 7
E-Mail 0
Mail 0
In person 0
Phone 0
Fax 0
Total 7
2.3 Completion time of 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 7 0 0 0 0 0 7
2.4 Pages released informally
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
0 0 0 0 0 0 0 0 0 0
2.5 Pages re-released informally
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
7 121 0 0 0 0 0 0 0 0

Section 3: Applications to the Information Commissioner on Declining to Act on 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
Withdrawn during reporting period 0
Carried over to next reporting period 0

Section 4: Requests Closed During the Reporting Period

4.1 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 0 0 0 0 0 0 0 0
Disclosed in part 2 0 1 0 0 0 0 3
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 2 0 0 0 0 0 2
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 Commisioner 0 0 0 0 0 0 0 0
Total 2 2 1 0 0 0 0 5
4.2 Exemptions
Section Numbers of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 0
14 0
14(a) 0
14(b) 0
15(1) – I. A. * 0
15(1) – Def. * 2
15(1) – S.A. * 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 1
16(1)(c) 2
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) 2
20(1)(a) 0
20(1)(b) 0
20(1)(b.1) 0
20(1)(c) 0
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 1
21(1)(b) 0
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 2
23.1 0
24(1) 1
26 0

* I.A.: International Affairs
* Def.: Defence of Canada
* S.A.: Subversive Activities

4.3 Exclusions
Section Numbers of Requests
68(a) 0
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) 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
4.4 Format of information released
Paper Electronic Other
E-record Data set Video Audio
2 1 0 0 0 0
4.5 Complexity
4.5.1 Relevant pages processed and disclosed for paper and e-record formats
Number of Pages Processed Number of Pages Disclosed Number of Requests
63 63 3
4.5.2 Relevant pages processed per request disposition for paper and e-record formats 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 3 63 0 0 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 3 63 0 0 0 0 0 0 0 0
4.5.3 Relevant minutes processed and disclosed for audio formats
Number of Minutes Processed Number of Minutes Disclosed Number of Requests
0 0 0
4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition Less Than 60 Minutes Processed 60 – 120 Minutes Processed More than 120 Minutes Processed
Number of Requests Minutes Processed Number of Requests Minutes Processed Number of Requests Minutes Processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0
Total 0 0 0 0 0 0
4.5.5 Relevant minutes processed and disclosed for video formats
Number of Minutes Processed Number of Minutes Disclosed Number of Requests
0 0 0
4.5.6 Relevant minutes processed per request disposition for video formats by size of requests
Disposition Less Than 60 Minutes Processed 60 – 120 Minutes Processed More than 120 Minutes Processed
Number of Requests Minutes Processed Number of Requests Minutes Processed Number of Requests Minutes Processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0
Total 0 0 0 0 0 0
4.5.7 Other complexities
Disposition Consultation Required Legal Advice Sought Other Total
All disclosed 0 0 0 0
Disclosed in part 2 0 0 2
All exempted 0 0 0 0
All excluded 0 0 0 0
Request abandoned 0 0 0 0
Neither confirmed nor denied 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0
Total 2 0 0 2
4.6 Closed requests
4.6.1 Requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 4
Percentage of requests closed within legislated timelines (%) 80
4.7 Deemed refusals
4.7.1 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
1 0 0 1 0
4.7.2 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 1 0 1
16 to 30 Days 0 0 0
31 to 60 Days 0 1 0
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 1 0 1
4.8 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 5: Extensions

5.1 Reasons for extensions and disposition of requests
Disposition of Requests Where an Extension Was taken 9(1)(a) Interference With Operations/Workload 9(1)(b) Consultation
Section 69 Other
All disclosed 0 0 0
Disclosed in part 0 0 0
All exempted 0 0 0
All excluded 0 0 0
Request abandoned      
No records exist 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0
Total 0 0 0
5.2 Length of extensions
Length of Extensions 9(1)(a) Interference With Operations/Workload 9(1)(b) Consultation
Section 69 Other
30 days or less 0 0 0
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 0 0 0
365 days or more 0 0 0
Total 0 0 0

Section 6: Fees

Fee Type Fee Collected Fee Waived Fee Refunded
Number of Requests Amount Number of Requests Amount Number of Requests Amount
Application 0 $0.00 14 $0.00 0 $0.00
Other fees 0 $0.00 0 $0.00 0 $0.00
Total 0 $0.00 14 $0.00 0 $0.00

Section 7: Consultations Received From Other Institutions and Organizations

7.1 Consultations received from other Government of Canada institutions and other organizations
Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during reporting period 12 143 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 12 143 0 0
Closed during the reporting period 11 123 0 0
Carried over within regotiated timelines 1 20 0 0
Carried over beyond negotiated timelines 0 0 0 0
7.2 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
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 8: Completion Time of Consultations on Cabinet Confidences

8.1 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
8.2 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 9: Investigations and Reports of finding

9.1 Investigations
Section 32 Notice of intention to investigate Subsection 30(5) Ceased to investigate Section 35 Formal Representations
0 0 1
9.2 Investigations and Reports of finding
Section 37(1) Initial Reports Section 37(2) Final Reports
Received Containing recommendations issued by the Information Commissioner Containing orders issued by the Information Commissioner Received Containing recommendations issued by the Information Commissioner Containing orders issued by the Information Commissioner
0 0 0 0 0 0

Section 10: Court Action

10.1 Court actions on complaints
Section 41
Complainant (1) Institution (2) Third Party (3) Privacy Commissioner (4) Total
0 0 0 0 0
10.2 Court actions on third party notifications under paragraph 28(1)(b)
Section 44 – under paragraph 28(1)(b)
0
11.1 Allocated Costs
Expenditures Amount
Salaries $24,082
Overtime $0
Goods and Services $0
Professional services contracts $0
Other $0
Total $24,082
11.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.300
Part-time and casual employees 0.000
Regional Staff 0.000
Consultants and agency personnel 0.000
Students 0.000
Total 0.300

Note: Enter values to three decimal places.

Appendix C: Supplemental Statistical Report on the Access to Information Act and Privacy Act

Section 1: Capacity to Receive Requests under the Access to Information Act and the Privacy Act

  Number of weeks
Able to receive requests by mail 52
Able to receive requests by email 52
Able to receive requests through the digital request service 52

Section 2: Capacity to Process Records under the Access to Information Act and the Privacy Act

2.1 Number of weeks your institution was able to process paper records in different classification levels
  No capacity Partial Capacity Full capacity Total
Unclassified Paper Records 0 0 52 52
Protected B Paper Records 0 0 52 52
Secret and Top Secret Paper Records 0 0 52 52
2.2 Number of weeks your institution was able to process electronic records in different classification levels
  No capacity Partial Capacity Full capacity Total
Unclassified Paper Records 0 0 52 52
Protected B Paper Records 0 0 52 52
Secret and Top Secret Paper Records 0 0 52 52
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Date Modified:

Annual Report on the Access to Information Act 2020–21

Date of Publishing:

Introduction

The National Security and Intelligence Review Agency (NSIRA) is pleased to submit to Parliament its annual report on the administration of the Access to Information Act (ATIA) for the fiscal year commencing April 1, 2020, and ending March 31, 2021. This annual report is presented in accordance with section 94 of the ATIA, whose purpose is to provide the right of access to records under the control of government institutions.

NSIRA is an independent and external review body that reports to Parliament on its operations under the National Security and Intelligence Review Agency Act (NSIRA Act). NSIRA reviews all Government of Canada national security and intelligence activities to ensure that they are lawful, reasonable and necessary. NSIRA also investigates public complaints regarding key national security agencies and activities.

Review mandate

NSIRA has a statutory mandate to review activities of the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE), as well as the national security and intelligence activities of all other federal departments and agencies. This includes, but is not limited to, the national security and intelligence activities of the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency, the Department of National Defence, Global Affairs Canada and the federal Department of Justice.

To fulfil its mandate, NSIRA has unfettered access to classified information. This includes any and all information held by, or under the control of, departments and agencies, including information subject to legal privilege. NSIRA independently determines which information is relevant to the conduct of its reviews. The sole exception to NSIRA’s right to access is information considered a Cabinet confidence.

In carrying out reviews, NSIRA may make any findings and recommendations it considers appropriate. In accordance with the NSIRA Act, however, it will pay particular attention to whether government activities are lawful and comply with ministerial direction and whether the activities are reasonable and necessary. 

Complaints mandate

Some of the activities under NSIRA’s complaints mandate are the complaints investigation functions inherited from the Security Intelligence Review Committee (SIRC). SIRC was responsible for hearing public complaints regarding the actions of CSIS. SIRC was also responsible for complaints related to the Government of Canada security clearance process, as well as specific matters and reports referred to under the Citizenship Act and the Canadian Human Rights Act.

In addition to these SIRC-related activities, NSIRA investigates complaints against CSE, as well as complaints against the RCMP that are referred by the Civilian Review and Complaints Commission (CRCC). The CRCC will continue to review all other activities of the RCMP.

Organizational structure

The responsibility for the administration of the ATIA is delegated to NSIRA’s Executive Director and further subdelegated to the Access to Information and Privacy (ATIP) Coordinator, as set out in the ATIA Designation Order in Appendix A.

The person holding the position or acting in the position of Executive Director has full delegation to exercise or perform any of the powers, duties and functions under the ATIA.

The ATIP Coordinator operates under a restricted delegation. The ATIP Coordinator works with the Executive Director’s Office, Legal Services and the Review Directorate to meet requirements of the ATIP program.

The ATIP Coordinator is a member of the Corporate Services Directorate and trained in ATIP legislation and review.

Delegation Order

Pursuant to subsection 95(1) of the ATIA, the Executive Director of NSIRA has the duty to exercise full authorities under the ATIA legislation and regulations.

The Executive Director also designated the person holding the position or acting in the position of the ATIP Coordinator with delegation of specific sections and subsections (see Appendix A).

Highlights of the 2020-21 statistical report

This report is an accounting of NSIRA’s activities related to the administration of the ATIA in the 2020–21 fiscal year. NSIRA’s 2020-21 statistical report on the ATIA, from which the data in this report is derived, is provided in Appendix B.

Access to information requests

NSIRA received one new request under the ATIA during this reporting period; it was abandoned within 30 days. One request was carried over from the previous year; it was not closed during this reporting period because NSIRA needed to conduct external consultations.

Consultation requests

NSIRA received seven consultation requests in addition to three carried over from the previous reporting period. All 10 consultations were closed during the reporting period for a total of 373 pages reviewed. No consultations were carried over to the next reporting period.

As shown in the graphic below, 80% of the NSIRA’s consultations were closed within four months, with the remaining 20% closed within six months. Whenever NSIRA receives a consultation request, it often has to make its own consultation requests to the departments and agencies it reviews prior to delivering a decision on disclosing the information

Pandemic impacts

In March 2020, NSIRA implemented exceptional workplace measures to curb the spread of COVID-19 and to protect federal employees and the public. These measures have limited NSIRA’s access to a secure office space, as well as access to the facilities and information of the departments and agencies it reviews.

Training and awareness

During the reporting period, one employee participated in a specialized training session concerning responsibilities relating to access to information and privacy. Guidance to employees and managers on access to information matters was provided on an ad hoc basis (e.g., in person, by email and through NSIRA’s electronic newsletter).

Access to information policies, guidelines, procedures and initiatives

During the reporting period, NSIRA did not implement any new institution-specific policies, guidelines, procedures or initiatives related to access to information. However, management is committed to implementing the procedures and guidelines to ensure employees are aware of their responsibilities with respect to ATI requests and to support NSIRA’s compliance with the requirements of the ATIA.

Complaints and investigations

Over the period covered by this report, the Information Commissioner of Canada did not receive any complaints against NSIRA under the ATIA, nor did the Information Commissioner undertake any ATIA-related audit or investigation of NSIRA. 

Monitoring processing time

Request processing times are monitored through the Access Pro software dashboard. The ATIP Coordinator notifies the Executive Director and suggests a course of action should any legislative timelines for responding to an ATIA request appear to be at risk.

Appendices

Appendix A: Delegation Order

Access to Information Act Designation Order

The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Access to Information Act set out in the schedule opposite each position.

Privacy Act Designation Order

The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 73 of the Privacy Act*, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Privacy Act set out in the schedule opposite each position.

Appendix B: 2020–21 Statistical Report on the Access to Information Act

Name of institution: National Security and Intelligence Review Agency

Reporting period: 2019-04-01 – 2020-03-31

Section 1: Request Under the Access to Information Act

1.1 Number of Requests
  Number of Requests
Received during reporting period 1
Outstanding from previous reporting period 1
Total 2
Closed during reporting period 1
Carried over to next reporting period 1
1.2 Sources of requests
Source Number of Requests
Media 0
Academia 0
Business (private sector) 0
Organization 0
Public 1
Decline to Identify 0
Total 1
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 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 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 0 0 0 0 0 0 0
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 0 1 0 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 0 1 0 0 0 0 0 1
3.2 Exemptions
Section Numbers of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 0
14 0
14(a) 0
14(b) 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) 0
20(1)(a) 0
20(1)(b) 0
20(1)(b.1) 0
20(1)(c) 0
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 0
21(1)(b) 0
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 Numbers of Requests
68(a) 0
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) 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 0 0
3.5 Complexity
3.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
0 0 0
3.5.2 Relevant pages processed per request disposition 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 0 0 0 0 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 1 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 1 0 0 0 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 0 0 0 0 0
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 0 0 0 0 0
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 1
Percentage of requests closed within legislated timelines (%) 100
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
0 0 0 0 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 0 0
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 0 0 0
More than 365 Days 0 0 0
Total 0 0 0
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/Workload 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
All disclosed 0 0 0 0
Disclosed in part 0 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
Declined to act with the approval of the Information Commissioner 0 0 0 0
Total 0 0 0 0
4.2 Length of extensions
Length of Extensions 9(1)(a) Interference With Operations/Workload 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
30 days or less 0 0 0 0
31 to 60 days 0 0 0 0
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 0 0 0

Section 5: Fees

Fee Type Fee Collected Fee Waived or Refunded
Requests Amount Requests Amount
Application 0 $0.00 1 $5.00
Other fees 0 $0.00 0 $0.00
Total 0 $0.00 1 $5.00

Section 6: Consultations Received From Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and other organizations
Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during reporting period 7 129 0 0
Outstanding from the previous reporting period 3 244 0 0
Total 10 373 0 0
Closed during the reporting period 10 373 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 1 1 1 0 1 0 0 4
Disclose in part 0 3 0 1 1 0 0 5
Exempt entirely 0 1 0 0 0 0 0 1
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 5 1 1 2 0 0 10
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
10.1 Costs
Expenditures Amount
Salaries $56,192
Overtime $0
Goods and Services $0
Professional services contracts $0
Other $0
Total $56,192
10.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.700
Part-time and casual employees 0.000
Regional Staff 0.000
Consultants and agency personnel 0.000
Students 0.000
Total 0.700

Note: Enter values to three decimal places.

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Date Modified:

Annual Report on the Access to Information Act 2019–20

Date of Publishing:

Introduction

This report is presented to Parliament for the fiscal year 2019-2020, in accordance with section 94 of the Access to Information Act (ATIA), for which the purpose is to provide the right of access to records under the control of government institutions.

The National Security and Intelligence Review Agency (NSIRA) is pleased to submit to Parliament its annual report on the administration of the ATIA for the fiscal year commencing April 1, 2019 and ending March 31, 2020.

The NSIRA is a new independent external review body, which reports to Parliament. NSIRA was established in July 2019 and is responsible to conduct reviews of the Government of Canada national security and intelligence activities to ensure that they are lawful, reasonable and necessary. NSIRA also hears public complaints regarding key national security agencies and activities. NSIRA replaces the Security Intelligence Review Committee (SIRC), which reviewed Canadian Security Intelligence Service activities as well as those related to the revocation or denial of security clearances. NSIRA will also now hear complaints regarding the Communications Security Establishment and national security related complaints regarding the Royal Canadian Mounted Police.

Organizational structure

The responsibility of the administration of the ATIA is delegated to the NSIRA’s Executive Director and further sub-delegated to the Access to Information and Privacy (ATIP) Coordinator consistent with the Designation Order provided in Appendix “A”.

The person holding the position or acting in the position of Executive Director has full delegation to exercise or perform any of the powers, duties and functions under the ATIA. The ATIP Coordinator operates under a restricted delegation.

The coordinator works with the Executive Director’s Office, Legal and Registry Services, and the Review directorate to meet requirements of the ATIP program.

The function is performed by a trained employee who is a member of the Corporate Services directorate.

Delegation of powers

A signed and dated copy of the Delegation Order, in effect at the end of this reporting period, is attached as Appendix A

Performance

NSIRA received and closed one new request under the ATIA during this reporting period. Of the two requests carried over from the previous year, one was closed. The other is a substantial request of approximately 4,000 pages, redacted and in both official languages. The negotiated extension date between the Office of the Information Commissioner and the requester is currently September 6, 2021. Of the two files closed, one was delivered within legislative timelines, and the other is, at the end of the fiscal year, 122 days past the legislated timelines. NSIRA did not meet the legislative requirements due to the impact of external consultations.

COVID-19 disrupted NSIRA’s work and challenged the organization to meet corporate deadlines. During the reporting period, three consultations were affected and there may now be a need to further extend an Access to Information deadline.

Since that time, NSIRA has implemented additional tools to increasingly enable employees to function well while working from home during the pandemic. Given the sensitivity level of NSIRA information holdings and the minimal amount of records that have been digitized, searches are not typically able to be performed remotely.

The ATIP Coordinator works from the office as required.

A detailed statistical report is included as Appendix “B”.

Training and awareness

For the reporting period, NSIRA was in existence for 8 months. NSIRA has individual employee and management training to support the completion of the access to information requests received. However, management is committed to implementing an Access to Information training and awareness program for its managers and employees to ensure NSIRA complies with the ATIA requirements.

Access to information (Policies, guidelines, procedures and initiatives)

NSIRA was successfully on-boarded to the Treasury Board Secretariat (TBS) Automated On-line Request Service in October 2019. NSIRA implemented basic procedures and share the necessary information to ensure its employees and managers complied with the policies and guidelines of the TBS on access to information.

NSIRA wrote a Proposed Redaction and Release Process as a tool to communicate with our partners when responding to redaction requests relating to public releases. NISRA and Agency Review Members are committed to publishing the complete history of redacted SIRC (now NSIRA) study inventory (2018-1986). This represents nearly 300 studies and approximately 4,000 pages of redacted material.

Complaints and investigations

During the 2019-2020 reporting period, NSIRA received one complaint. This complaint pertained to records previously under the responsibility of the Inspector’s General (IG). Their records were transferred to SIRC (now NSIRA) when the organization folded. The complaint was for “reconsideration” of a release. The complaint is now closed.

Monitoring processing time

Request processing times are monitored through Access Pro software dashboard. The ATIP Coordinator notifies the Executive Director and suggests a course of action should any legislative timelines appear to be at risk. 

Appendices

Appendix A: Delegation Order

Access to Information Act Designation Order

The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Access to Information Act set out in the schedule opposite each position.

Privacy Act Designation Order

The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 73 of the Privacy Act*, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Privacy Act set out in the schedule opposite each position.

Appendix B: 2019-2020 Statistical Report on the Access to Information Act

Name of institution: National Security and Intelligence Review Agency

Reporting period: 2019-04-01 – 2020-03-31

Section 1: Request Under the Access to Information Act

1.1 Number of Requests
  Number of Requests
Received during reporting period 1
Outstanding from previous reporting period 2
Total 3
Closed during reporting period 2
Carried over to next reporting period 1
1.2 Sources of requests
Source Number of Requests
Media 0
Academia 1
Business (private sector) 0
Organization 0
Public 0
Decline to Identify 0
Total 1
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 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 0 0 0 0 0 0 0 0
Disclosed in part 0 1 0 0 1 0 0 2
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 0 0 0 0 0 0 0
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 Commisioner 0 0 0 0 0 0 0 0
Total 0 1 0 0 1 0 0 2
3.2 Exemptions
Section Numbers of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 0
14 0
14(a) 0
14(b) 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) 1
16(1)(d) 0
16(2) 0
16(2)(a) 0
16(2)(b) 0
16(2)(c) 1
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 1
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) 0
20(1)(a) 0
20(1)(b) 0
20(1)(b.1) 0
20(1)(c) 0
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 0
21(1)(b) 0
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 0
23.1 0
24(1) 1
26 0

* I.A.: International Affairs
* Def.: Defence of Canada
* S.A.: Subversive Activities

3.3 Exclusions
Section Numbers of Requests
68(a) 0
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) 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
1 1 0
3.5 Complexity
3.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
13 13 2
3.5.2 Relevant pages processed per request disposition 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 2 13 0 0 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 1 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 2 13 0 0 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 2 0 0 0 2
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 2 0 0 0 2
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 1
Percentage of requests closed within legislated timelines (%) 50
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
1 0 1 0 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 0 0
31 to 60 Days 0 0 0
61 to 120 Days 0 0 0
121 to 180 Days 1 0 1
181 to 365 Days 0 0 0
More than 365 Days 0 0 0
Total 1 0 1
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/Workload 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
All disclosed 0 0 0 0
Disclosed in part 0 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
Declined to act with the approval of the Information Commissioner 0 0 0 0
Total 0 0 0 0
4.2 Length of extensions
Length of Extensions 9(1)(a) Interference With Operations/Workload 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
30 days or less 0 0 0 0
31 to 60 days 0 0 0 0
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 0 0 0

Section 5: Fees

Fee Type Fee Collected Fee Waived or Refunded
Requests Amount Requests Amount
Application 0 $0.00 0 $0.00
Other fees 0 $0.00 0 $0.00
Total 0 $0.00 0 $0.00

Section 6: Consultations Received From Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and other organizations
Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during reporting period 15 0 0 0
Outstanding from the previous reporting period 1 0 0 0
Total 16 0 0 0
Closed during the reporting period 14 0 0 0
Carried over to next reporting period 2 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 0 2 0 0 0 0 0 2
Disclose in part 5 3 0 1 0 0 0 9
Exempt entirely 1 0 1 0 0 0 0 2
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 1 0 0 0 1
Total 6 5 1 2 0 0 0 14
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
10.1 Costs
Expenditures Amount
Salaries $56,192
Overtime $0
Goods and Services $0
Professional services contracts $9,030
Other $0
Total $65,222
10.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.70
Part-time and casual employees 0.00
Regional Staff 0.00
Consultants and agency personnel 0.10
Students 0.00
Total 0.80

Note: Enter values to three decimal places.

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