2021-2022 Report on the Administration of the Access to Information Act

• Message from the Chair
• Introduction
• Mandate
• Organizational Structure
• Delegation Order
• Performance 2021-2022
  • Formal Access Requests
  • Informal Access to Information Request
• Extensions
• Exemptions
• Exclusions
• Format of information releases
• Consultations received from other Institutions and Organizations
• Training and Awareness
• Policies, Guidelines, Procedures, and Initiatives
• Complaints, Audits, and Investigations
• Impact of COVID-19 related measures
• Monitoring Compliance
• Access to Information Fees and Operating Costs
• Annex 1 – Delegation Order
• Annex 2 – Statistical Report on the Access to Information Act
  • Section 1: Requests under the Access to Information Act
  • Section 2: Informal requests
  • Section 3: Applications to the Information Commissioner on declining to act on requests
  • Section 4: Requests closed during the reporting period
  • Section 5: Extensions
  • Section 6: Fees
  • Section 7: Consultations received from other institutions and organizations
  • Section 8: Completion time of consultations on Cabinet confidences
  • Section 9: Investigations and reports of finding
  • Section 10: Court action
  • Section 11: Resources related to the Access to Information Act
• Annex 3 – Supplemental Statistical Report on the Access to Information Act and the Privacy Act
  • Section 1: Capacity to Receive Requests under the Access to Information Act and the Privacy Act
  • Section 2: Capacity to Process Records under the Access to Information Act and the Privacy Act
  • Section 3: Open Requests and Complaints under the Access to Information Act
  • Section 4: Open Requests and Complaints under the Privacy Act
  • Section 5: Social Insurance Number (SIN)
• Contact Us

Note: External links are current on the date of publication.

On behalf of the Veterans Review and Appeal Board (VRAB or the Board), I am pleased to present the 2021-22 annual report to Parliament on the administration of the Access to Information Act.

This legislation gives Canadian citizens the right to access information in records held by the Government of Canada. It exists to protect the rights of individuals and to promote accountability and dialogue between citizens and their government.

In 2021-22, the Board’s Access to Information and Privacy (ATIP) Unit saw a substantial increase in the complexity of requests received as well as the volume of information retrieved.

Additionally, much work was done to ensure the Board’s ATIP processes were updated and standardized, resulting in a more efficient process overall. This work included participation in Treasury Board of Canada Secretariat activities as well as in-depth analysis of our processes and how they align with the Board’s own values.

I am proud of the Board’s ATIP unit who completed this work while continuing to operate remotely due to the COVID-19 pandemic.

The principles of transparency, openness and accessibility continue to guide the Board’s ATIP Unit. We remain committed to protecting individual rights and developing our capacity in matters of access to information and privacy.

Sincerely,

Christopher J. McNeil

Chairperson

The Access to Information Act gives Canadian citizens and individuals present in Canada a broad right of access to information contained in government records under control of the institution, subject to certain specific and limited exceptions. It maintains that government information should be available to the public and should complement and not replace existing procedures for access to government information.

Section 94 of the Access to Information Act requires that the head of every government institution prepare an Annual Report on the Administration of the Act for submission to Parliament during each fiscal year.

The Veterans Review and Appeal Board has full and exclusive jurisdiction to hear, determine and deal with all applications for review and appeal that may be made to the Board under the Pension Act, the Veterans Well-being Act - Part 3, the War Veterans Allowance Act and other Acts of Parliament. The Veterans Review and Appeal Board Act authorizes all matters related to appeals under this legislation.

This Board also adjudicates duty-related pension applications under the authority of the Royal Canadian Mounted Police Pension Continuation Act and the Royal Canadian Mounted Police Superannuation Act.

The Board’s Access to Information and Privacy (ATIP) positions include a Deputy Coordinator, a Coordinator, and Senior ATIP Officer. The Board has full responsibility for the administration of the Access to Information Act. The ATIP unit is under the Director, Strategic and Corporate Services, who acts on behalf of the Chairperson of the Board to oversee the administration of the Access to Information Act.

Duties of the ATIP unit include:

• Process requests for information submitted under the Access to Information Act in accordance with the legislation, regulations, and Treasury Board of Canada Secretariat (TBS) policies, guidelines, and directives.
• Provide VRAB managers and staff with advice and guidance regarding the interpretation and application of the Access to Information Act and related TBS policies, guidelines, and directives.
• Develop policies, procedures, and guidelines for the administration of the Act and related TBS policies, guidelines, and directives.
• Coordinate the resolution of any complaints against the VRAB made to the Information Commissioner under the Access to Information Act.
• Respond to consultations from other government institutions on access to information requests.
• Promote awareness to ensure employees understand their roles and responsibilities and the Board fulfills its obligations under the Act.
• Respond to Parliamentary written questions on access to information.
• Support the VRAB’s commitment to openness and transparency through proactive disclosures, informal releases of information and publishing the summaries of completed access to information requests to the Open Government portal.
• Review contracts with third parties using TBS guidance documents.
• Update the VRAB’s Information about Programs and Information Holdings (formerly known as Info Source) chapter on the VRAB website in accordance with the TBS directive.
• Prepare the Annual report to Parliament and the Annual Statistical Report on the Administration of the Access to Information Act.

In September 2021, the Chair of the Veterans Review and Appeal Board delegated his authority for the purposes of the Act. Annex 1 is a copy of the signed delegation instrument that took effect September 1, 2021.

Formal Access Requests

The Statistical Report supports oversight, accountability, and transparency by providing data on the performance of the Government of Canada’s Access to Information program. The following section provides a summary of the highlights of the Statistical Report Annex 2 on the Administration of the Access to Information Act for the period of April 1, 2021, to March 31, 2022.

The VRAB ATIP unit (“the unit”) had the full ability to receive Access to Information (ATI) requests through the online portal, by email, by facsimile, or by mail. The unit received five requests through the ATIP online portal.

The number of Formal (ATI) requests has decreased 50% from twelve requests in 2020-21 to six requests in 2021-22.

The following chart shows the trends over the past four years of the Number of Pages Processed completed by fiscal year.

Four of the six requests (67%) were closed within the legislated time. One of the requests was “a deemed refusal” due to lack of resources. The position of Senior ATIP Officer was vacant for one month during the fiscal year. The second request in deemed refusal was due to a larger than estimated number of records retrieved by the institution. As a result, the length of extension in the category of 181-365 days was not sufficient.

2021-2022 was an exceptional year for the Board’s ATIP Unit. A combination of volume of information, complexity, and resources were key factors in the time taken to provide responses to requests. The number of pages processed increased from 1,823 in 2020-21 to 82,862 in 2021-22. This represents an increase of 4,445%. The number of pages disclosed increased from 1,822 in 2020-21 to 14,830 in 2021-22. This represents an increase of 714%.

The following charts provide information on the number of requests, the number of pages processed, and the number of pages disclosed in the past 4 fiscal years.

In 2021-22, VRAB ATIP received five requests. One request was carried over from 2020-21. A total of six requests were closed. No request was carried over to the next reporting period.

The following chart depicts an overview of ATI requests for the last five years.

Three ATI requests were disclosed in part which indicates that severing was applied to some of the documents retrieved. Each of these were completed in 16 to 30 days, 121-180 days, and 181 to 365 days. One request was transferred in 1-15 days and two requests were abandoned in 1 to 15 days.

The below chart summarizes the information on completion time of requests by disposition type.

Informal Access to Information Request

The Access to Information Act (ATIA) requires that all Government of Canada institutions post summaries of ATI requests they process. Individuals can make an informal request for information previously released under the ATIA. Informal requests do not fall directly under the ATIA and there is no charge or a required timeline.

VRAB ATIP did not receive any Informal Access requests in 2021-22.

Section 9 of the Access to Information Act allows institutions to extend the original 30-day statutory time limit if the request is for a large number of records and meeting the original time limit would unreasonably interfere with the Board’s operations, consultations are necessary, or third-party notification.

The Board invoked two extensions in 2021-22 with the reason of 9(1)(a) Interference with Operations due to the volume of pages retrieved for the requests.

One request carried over from the previous year. Due to the volume of information retrieved, a 121 to 180-day extension applied to this request. The unit responded three days past the legislated due date. The main factor for not meeting the timeline is that the position of Senior ATIP Officer was vacant for a period of one month.

An exemption is a provision under the Access to Information Act that authorizes the head of the institution or delegate to refuse to disclose records in response to an access request. Exemptions should always have limited scope and be specific in nature.

The Board’s ATIP Unit applied exemptions under the following sections of the Act (reference table in Annex 2):

• Subsection 19(1), which protects personal information of individuals, was applied in three requests
• Subsection 21(1), which protects limited and specific information concerning advice and recommendations, was applied in one request
• Subsection 23, which protect records that contain information that is subject to solicitor/client privilege, was applied in two requests

Sections 68 and 69 of the ATIA and Sections 69 and 70 of the Privacy Act have exclusions. In accordance with these sections, the Acts do not apply to:

• published material or material available for purchase by the public
• library or museum material or material made or acquired and preserved solely for public reference or exhibition purposes
• material placed in the National Archives of Canada, the National Library, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature or the National Museum of Science and Technology by or on behalf of persons or organizations other than government institutions
• confidences of the Queen’s Privy Council for Canada, including:
  • memoranda presenting proposals or recommendations to Council
  • policy options to Council for consideration in making decisions
  • agenda of Council; records reflecting communications or discussions between ministers of the Crown
  • briefing material for ministers concerning matters before, or proposed to be brought before Council, and
  • draft legislation.

During the reporting period, the Board did not invoke Section 68 or 69.

All responses to ATI requests in 2021-22 were provided in electronic format including CDs and USB sticks.

Consultations with other government institutions take place when records that originate from another institution are retrieved to in response to an ATIP request. Consultations are conducted if the disclosure of another institution’s information could cause an injury to that institution, the conduct of international affairs, an investigation, the defense of our country, or other factors.

In 2021-22, the VRAB received four consultations from another Government of Canada institution to which we responded to in all instances within the required timeframe.

There are many changes taking place in Access to Information and Privacy across the Government of Canada. There are a number of initiatives underway relating to open government, data strategies, digital standards, and new technological solutions.

In 2021-22, training and awareness activities were paused in order to conduct a fulsome review of our materials in order to update and standardize the information according to developing TBS standards and guidelines to resume training and awareness during the upcoming fiscal year.

In support of the Government of Canada's ongoing commitment to transparency, openness and accessibility, the Board continued to post summaries of completed ATI requests to open.canada.ca.

The Board continues to review and update its ATI procedures on evolving TBS guidelines. We are committed to making improvements to the processing of requests supporting accountability, transparency, and the public’s right to know.

An individual has the right to make a complaint to the Information Commissioner on grounds set out in the section 30 of the Access to information Act which reads:

Receipt and investigation of complaints

1. Subject to this Part, the Information Commissioner shall receive and investigate complaints
   1.   from persons who have been refused access to a record requested under this Part or a part thereof.
   2.   from persons who have been required to pay an amount under section 11 that they consider unreasonable.
   3.   from persons who have requested access to records in respect of which time limits have been extended pursuant to section 9 where they consider the extension unreasonable.
   4.   from persons who have not been given access to a record or a part thereof in the official language requested by the person under subsection 12(2) or have not been given access in that language within a period that they consider appropriate.
      1.   from persons who have not been given access to a record or a part thereof in an alternative format pursuant to a request made under subsection 12(3) or have not been given such access within a period that they consider appropriate.
   5.   in respect of any publication or bulletin referred to in section 5; or
   6.   in respect of any other matter relating to requesting or obtaining access to records under this Part.

During the reporting period 2021-2022, VRAB ATIP did not receive any complaints, nor did we take part in any audits or investigations with the Information Commissioner’s office.

During 2021-22, the VRAB continued to equip employees and members for remote work. The Board had full capacity to receive ATI requests and retrieve relevant electronic information. Accessing the workplace by special request following strict COVID-19 protocols was possible to obtain paper documents and prepare packages for release and mailouts.

There was a brief period when working remotely caused processing delays due to the availability of high-quality internet. Information Technology services put in place a workaround for the issue.

There were no major changes required for the continuance of ATIP services.

The VRAB ATIP unit records all requests for information in Access Pro Case Management (APCM) which is an automated case tracking reporting system. The Senior ATIP Officer monitors all requests received in the ATIP unit. They provide the coordinator a weekly status on:

• the number of requests received.
• the number of pages processed.
• the number of files closed.
• and if any requests require consultation.

Two new monthly reports, including new visual graphs, were prepared and are now provided to the Board’s senior management at the beginning of each month. The first report is workload related to ATIP requests. The second report provides trends by Fiscal Year over a period of five years.

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

In accordance with the changes to the Access to Information Act came into force on June 21, 2019, VRAB may only charge an application fee of $5, as set out in paragraph 7(1)(a) of the Regulations. Pursuant to section 11 of the Access to Information Act, institutions can waive this application fee as deemed appropriate.

In accordance with the requirements of section 20 of the Service Fees Act, the fees recorded were:

• Service fees of $5.00 for three requests, totaling $15.00.
• Service fees of $5.00 for two refunds, totaling $10.00 made to requesters. Their intent was to make a request for personal information under the Privacy Act.

The cost for resources related to the Access to Information Act include salaries, goods and services, software for tracking and reporting on requests, and training for ATIP staff. The total of operating the program for 2021-22 is $99,050.

2021 Delegation Order – Access to Information Act and Privacy Act

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

Dated, at the City of Charlottetown, this first day of September, 2021.

Christopher J. McNeil

Chairperson, Veterans Review and Appeal Board

TBS/SCT 350-62

Name of institution:
Veterans Review and Appeal Board

Reporting period
From: 2020-04-01 to: 2021-03-31

Name of institution:
Veterans Review and Appeal Board

Reporting period
From: 2020-04-01 to: 2021-03-31

This publication can be made available in alternate formats upon request. For further information or to obtain additional copies please contact:

VRAB ATIP Coordinator’s Unit