Canada Border Services Agency
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Access to Information Act

Canada Border Services Agency
Annual Report
2010-2011

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Table of Contents

Chapter One: Access to Information Act Report

Chapter Two: Statistical Report

Chapter One: Access to Information Act Report

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Introduction

The Canada Border Services Agency (CBSA) is pleased to present to Parliament, in accordance with section 72 of the Access to Information Act (the Act), its Annual Report on the management of the Act.  The report describes the activities that support compliance with the Act for the fiscal year commencing April 1st, 2010 and ending March 31st, 2011.  During this period, the Canada Border Services Agency continued to build upon successful practices implemented in previous years.

“The purpose of the Access to Information Act is to extend the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government”.[1]

As stated in Section 72(1) of the Access to Information Act, “The head of every government institution shall prepare for submission to Parliament an annual report on the administration of this Act within the institution during each financial year.”[2]

In 2010-2011, the Canada Border Services Agency introduced procedures and practices that will ensure the continued provision of timely service to Canadians who seek to exercise their right to access records under the Access to Information Act, and which demonstrate leadership in the management of increasingly numerous and complex Access to Information requests.

Organization

I. About the Canada Border Services Agency

Since 2003, the Canada Border Services Agency has been an integral part of the Public Safety Canada (PS) portfolio, which was created to protect Canadians and maintain a peaceful and safe society. In support of these priorities, the Canada Border Services Agency is responsible for providing integrated border services which facilitate the free flow of persons and goods, including animals and plants, that meet all requirements under the program legislation.

The Canada Border Services Agency carries out its responsibilities with a workforce of approximately 14,000 employees, which include over 5,400 Border Services Agency officers who provide services at all points across Canada and as well as our international network.

On April 1st, 2010, as part of its ongoing Change Agenda, the Canada Border Services Agency has implemented a new organizational structure designed to establish clearer lines of accountability within the Agency. This new model also created clear distinctions between program management, to be carried out at headquarters, and program delivery, to be carried out in the regions.

II. Access to Information (ATI) Privacy Division

On April 1st, 2004, the Canada Border Services Agency established the Access to Information and Privacy (ATIP) Section. This section was initially staffed with six employees based on an estimated annual workload of between 250 and 350 requests. During the 2007–2008 fiscal year, due to growing demand on the Canada Border Services Agency, the Access to Information and Privacy Section was expanded to become the Canada Border Services Agency's Access to Information (ATI) Privacy Division.

The Access to Information and Privacy Division is comprised of four units: an Administration section, two Case Management units, and a Policy and Training unit. The Administration section's function is to receive all incoming requests and consultations, ensuring quality control on all outgoing correspondence and supporting both Case Management units in their day-to-day business. The Case Management units task all branches and regions with records retrieval requests and provide daily operational guidance and support to the Canada Border Services Agency employees. The Policy and Training unit develops policies, tools and procedures to support privacy requirements within the Canada Border Services Agency and provides training to the Agency employees. On average, 39 full time equivalents (FTE) were employed in the Access to Information and Privacy Division during the 2010-2011 reporting period.

The Access to Information and Privacy Coordinator for the Canada Border Services Agency is the Director of the Access to Information and Privacy Division. The Access to Information and Privacy Division is part of the Corporate Secretariat Directorate, which reports directly to the President of the Canada Border Services Agency. Consistent with the best practices as identified by the Treasury Board of Canada Secretariat (TBS), the Canada Border Services Agency's Access to Information and Privacy Coordinator is positioned within two levels of the President, and has full delegated authority reporting directly to the Corporate Secretary, who, in turn, reports to the President.

The Canada Border Services Agency Access to Information and Privacy Division works closely with other members of the Public Safety Canada portfolio, such as the Royal Canadian Mounted Police (RCMP) and Correctional Service of Canada (CSC), in order to share best practices and develop streamlined processes for the retrieval of jointly held records in order to comply with the 30 days legislated timeframe to respond to Access to Information requests.

Activities and Accomplishments

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I. Leadership

The Access to Information and Privacy Division receives, coordinates and processes requests for information under the Access to Information Act, providing high quality and timely service to requesters. In addition, the Access to Information and Privacy Division supports a network of 19 Access to Information and Privacy Liaison Officers in all branches and regions of the Canada Border Services Agency who assist with requests by searching and retreiving records, and coordinating recommendations from within their branch or region. This allows the Access to Information and Privacy Division to maximize efficiencies in request processing to ensure that requesters received their information in the shortest time possible. In fiscal year 2011-2012, the Canada Border Services Agency will continue with these best practices.

The Canada Border Services Agency will be the first of the Public Safety Canada portfolio to post completed summaries of Access to Information Act requests on its website beginning July 2011. Adopting this new initiative will demonstrate the Agency's commitment to transparency and accountability to Canadian citizens.

The Canada Border Services Agency also maintains a reading room, available for individuals who wish to review our publications or other public materials. Individuals may access the reading room by contacting the Access to Information and Privacy Director of the Canada Border Services Agency. The reading room is located at:

II. Performance

The Canada Border Services Agency received 1,607 requests under the Access to Information Act in 2010-2011. The Agency has maintained a compliance rate of 95.1% in relation to the legislated time frames to respond to requests, a remarkable accomplishment, considering that the number of access requests the Canada Border Services Agency received has increased by 24.4% over the last year.

The Access to Information and Privacy Division continues to improve response times by modernizing its service delivery model. For example, in 2010-2011, the Division increased the use of electronic delivery, including offering clients the option of receiving their releases on compact disk or by e-mail.

III. Human Resources

Finding and recruiting individuals who possess the necessary skills and experience for the Access to Information and Privacy discipline is a challenge confronting all federal institutions. As a result, the market for Access to Information and Privacy Analysts is extremely competitive. Establishing the right organization with positions at the right levels is crucial to the success of our recruitment and retention efforts. While we have an excellent core group, to achieve our objectives, additional Access to Information and Privacy Analysts will need to be hired in the near future.

To help mitigate this challenge, the Access to Information and Privacy Division has implemented various strategies designed to nurture a healthy and effective working environment in this highly competitive field. In 2010-2011, the Access to Information and Privacy Division offered its employees acting or assignment opportunities to allow current employees to gain knowledge, experience and expertise outside of their normal responsibilities. The Canada Border Services Agency will continue to offer these opportunities in the 2011-2012 fiscal year. The Access to Information and Privacy Division will also explore hiring college and university students through co-op programs in the summer of 2011.

The Access to Information and Privacy Division also actively participates in a Treasury Board Secretariat led working group mandated in the area of community development, more specifically the design of generic organizational Access to Information and Privacy models, work descriptions and associated generic competencies that will respond to various issues and challenges that have been identified by the Access to Information and Privacy community and support employees and organizational development in the Access to Information and Privacy field across the core public administration.

IV. Education and Training

In 2010-2011, resources were focused on educational initiatives that supported the implementation of streamlined processing procedures and built an awareness of access obligations throughout the Canada Border Services Agency. To this end, the Access to Information and Privacy Division delivered a total of 35 Access to Information and Privacy Awareness Sessions in which 392 employees in high-demand areas took part. These sessions are designed to ensure that the participants fully understand their responsibilities under the Access to Information Act. The Access to Information and Privacy Division has also delivered customized sessions to particular audiences. With the success of this program, the Division is taking steps to deliver more sessions in 2011–2012. Large group training will be offered in the Regions and in the National Capital Region to reach the maximum number of Canada Border Services Agency employees.

In addition, the Access to Information and Privacy Division organized a National Access to Information and Privacy Liaison Officers Learning Event in October 2010. This conference was a forum, bringing together 22 employees of the Canada Border Services Agency, to learn, discuss and exchange information about the challenges encountered in the branches and regions. The Access to Information and Privacy Division staff also participated in the Canadian Access and Privacy Association Conference that took place in November 2010 in Ottawa. Employees also attended courses provided by the Treasury Board of Canada Secretariat such as the Parliamentary Reporting Requirement course. Some employees are enrolled in the International Association of Privacy Practitioners accreditation program offered by the University of Alberta. Finally, employees were also provided with ongoing mentoring by senior analysts, team leaders and managers within the Access to Information and Privacy Division.

V. New and Revised Access to Information Act Policies and Procedures

In 2010-2011, the Access to Information and Privacy Division submitted a revised and updated  Info Source in relation to the Treasury Board of Canada Secretariat requirements.  Specific Treasury Board of Canada Secretariat concerns have been addressed:

  • The Canada Border Services Agency's Info Source chapter has been reorganized to mirror the Canada Border Services Agency's 2010 Program Activity Architecture (PAA) to the sub-activity level;
  • All corporate documents such as the Departmental Performance Reports and Reports on Plans and Priorities were reviewed to ensure that the Canada Border Services Agency's major programs are reflected in this year's chapter;
  • All program areas reviewed their Class of Record descriptions ensuring complete and accurate descriptions of information contained within their records. Program Activities and Sub-Activities are also fully defined within Info Sources; and
  • The Access to Information and Privacy Division completed and published an institution-specific Class of Record description for the 2010 Olympic and Para-Olympic Winter Games (International Events and Convention Services Program).

The Access to Information and Privacy Division will continue to revise its Info Source throughout the 2011-2012 fiscal year in accordance with the Treasury Board of Canada Secretariat requirements.

Delegation Order

See Annex A for a signed copy of the Delegation Order.

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Chapter Two: Statistical Report

Statistical Report and Supplemental Reporting Requirements

See Annex B for the Canada Border Services Agency's statistical report on the Access to Information Act and Annex C for the Supplemental Reporting Requirements on the Access to Information Act.

Interpretation of the Statistical Report

I. Overview

In 2010-2011, the Canada Border Services Agency continued to refine its practices to maintain a high level of service to requesters while addressing increased workload-related issues. Statistics suggest these refinements are having a positive effect as evidenced by a continued high completion rate of requests within the legislated timelines.

II. Requests Received Under the Access to Information Act

Overall, the Canada Border Services Agency received 1,607 Access to Information requests in 2010-2011, an increase of 24.4% from the previous year. The Canada Border Services Agency responded to 1,580 Access to Information Act requests during 2010-2011, representing 98.3% of the total number of requests that it received. In total, 199 requests were carried forward from 2009-2010 and 226 requests were carried over to the current 2011-2012 period.

Access to Information requests Received/Completed

Access to Information requests Received/Completed

Of the 1,580 requests completed, the Canada Border Services Agency reviewed over 280,503 pages, an average of 178 pages per request. The number of pages reviewed indicates that requests are becoming increasingly voluminous, therefore consuming more time for revision and processing.

Pages reviewed

Pages reviewed

III. Source of Requests

Some 1,331 requests, representing 82.9% of all requests received, originated from the general public.  Media enquiries comprise the second largest source category with 148 requests, representing 9.2% of the requests received.  The Canada Border Services Agency also received 110 requests from business (6.8%); 15 requests from organizations (0.9%); and three requests from academia (0.2%).

Source of Requests

Source of Requests

IV. Completion Time

Of the 1,580 requests completed during the fiscal year 2010-2011, the Canada Border Services Agency responded to 1,056 requests within 30 days or less, representing 66.8% of all the requests completed. Further, the Canada Border Services Agency has responded to 288 requests (18.2%) within 31 to 60 days, 181 requests (11.5%) within 61 to 120 days, and 55 requests (3.5%) required 121 days or more to be completed.

Completion time

Completion time

Of all the requests received, the Canada Border Services Agency was successful in responding to 95.1% within the statutory time frames. This result reflects the Canada Border Services Agency's commitment to ensuring that every reasonable effort is made to complete the requests in a timely manner.

V. Extensions

The Access to Information Act allows departments to extend the legislated deadline of a request if the request cannot be completed within the legislated 30 day time limit. Section 9 of the Access to Information Act permits extensions if there is a need for consultations with other government departments, consultations with third parties, or if the search for the requested documents would unreasonably interfere with the operations of the institution. In total, 435 extensions were applied to requests during 2010-2011.

Of the 435 extensions required, 257 requests (59.1%) required an extension of 30 days or less. This is 188 instances (73.1%) for consultation, and 67 instances (26.1%) to search for or through a large volume of records. The Access to Information and Privacy Division also invoked two extensions (0.8%) in order to conduct third party notifications in accordance with section 27 of the Access to Information Act.

The remaining 178 extensions (40.9%) went beyond 30 days. Extensions were required in 120 instances (67.4%) for consultation and in 51 instances (28.7%) to search for or through a large volume of records. The Access to Information and Privacy Division also invoked seven extensions (3.9%) in order to conduct third party notifications in accordance with section 27 of the Access to Information Act.

Extensions

Extensions

When the Canada Border Services Agency takes extensions beyond 30 days, the Access to Information and Privacy Division notifies both the Office of the Information Commissioner of Canada (OIC) and the requester.

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VI. Disposition of Requests Completed

Of the 1,580 access requests processed in 2010-2011, the Canada Border Services Agency provided full release of the information requested for 14.8% of the requests completed (233 requests). Due to the nature of our work, the most frequent outcome of the requests processed during the reporting period required that exemptions be invoked in 62.7% of the requests (991 requests). Only 0.6% of the requests were completely exempted from disclosure (10 requests).

For the remaining 21.9% of the requests completed (346 requests), the Canada Border Services Agency was unable to process 11.3% (179 requests). The majority of the cases that fall within this category were requests for which no documentation exists. As well, of the completed access requests, 6.6% were abandoned (104 requests). Such an action may occur at any point in the processing of a request and is most often due to a requester not paying the application fee or fees for search and preparation. Additionally, 3.6% were records that did not fall under the control of the Canada Border Services Agency (57 requests). After initial review, these requests were transferred to the appropriate government institution for processing in accordance with section 8 of the Access to Information Act. As well, 0.4% of the requests were excluded as per the provisions of section 68 and 69 of the Access to Information Act (six requests). Finally, there were no requests that were treated informally.

Disposition of Requests Completed

Disposition of Requests Completed

VII. Exemptions Invoked

Sections 13 through 24 of the Access to Information Act set out the exemptions intended to protect information pertaining to a particular public or private interest, and section 26 of the Access to Information Act is an administrative exception relating to the publication of information.

While most information is of a sensitive nature, the Canada Border Services Agency is making every effort to release as much information as possible, to remain consistent with the spirit of the Access to Information Act and the severability provisions of section 25. The majority of the exemptions invoked by the Canada Border Services Agency fell under five sections of the Access to Information Act. Section 16, which addresses law enforcement and criminal investigations, was used in 948 cases (33.6%). Section 19, which protects personal information, was used in 759 cases (26.9%). Section 15, which covers international relations, defense and subversive activities, was used in 480 cases (17%). Section 13, which protects information obtained in confidence, was used in 353 cases (12.5%). Section 21, which exempts records containing information relating to the internal decision-making processes of government, was used in 159 cases (5.6%).

In terms of how the Canada Border Services Agency reports exemptions, if five different exemptions were used in one request, one exemption under each relevant section would be reported for a total of five exemptions. If the same exemption was used several times for the same request, it would be reported only once.

Exemptions Invoked

Exemptions Invoked

VIII. Exclusions Cited

Pursuant to section 68, the Access to Information Act does not apply to material that is published or available for purchase, library or museum material preserved solely for public record, and material deposited with the Library and Archives Canada.  As well, records considered to be confidences of the Queen's Privy Council of Canada are excluded pursuant to section 69 of the Access to Information Act.

In this manner, exclusions were invoked a total of 21 times, or in 1.3% of the requests completed in fiscal year 2010-2011.

Exclusions cited in fiscal year 2010-2011 Number of exclusions cited
S. Art. 68(a) 1
S. Art. 68(b) 0
S. Art. 68(c) 0
S. Art. 69 (1)(a) 4
S. Art. 69 (1)(b) 0
S. Art. 69 (1)(c) 5
S. Art. 69 (1)(d) 1
S. Art. 69 (1)(e) 3
S. Art. 69 (1)(f) 0
S. Art. 69 (1)(g) 7
Total 21
IX. Complaints and Investigations

Throughout the 2010-2011 fiscal year, 24 Access to Information complaints were filed against the Canada Border Services Agency. This number represents 1.5% of all the requests completed during this period. This number also represents a decrease of more then half of the number of complaints received in 2009-2010. The complaints received during the fiscal year were related to the following: time delay (1), refusal to disclose records or missing information (6), application of exemptions or exclusion (10), time extension (4), fees (1), use and disclosure (1) and miscellaneous reasons (1).

Raisons of Complaints

Raisons of Complaints

There were 32 active complaints carried over from 2009-2010. The Access to Information and Privacy Division received 24 Access to Information complaints in 2010-2011. A total of 22 complaints are being carried forward into the 2011–2012 fiscal year. During the 2010–2011 fiscal year, the Office of the Information Commissioner resolved 34 Access to Information complaints with the Canada Border Services Agency.

Complaints Received/Closed

Complaints Received/Closed

Of the complaints resolved, six were well founded, six were well founded without recommendations, five were not well founded, nine were abandoned or discontinued and eight were not substantiated. Where complaints are substantiated, the matter is reviewed by the delegated managers and processes are adjusted if required. For example, extensions may be reviewed to determine whether the length of time taken was appropriate, given the complexity of the request.

Complaints Closed in 2010-2011
Resolved – well founded 6
Resolved – well founded without recommendations 6
Resolved – not well founded 5
Abandoned/discontinued 9
Not substantiated 8
Total 34
X. Appeals

There were no appeals to the Federal Court during the 2010–2011 fiscal year.

XI. Conclusion

The year 2010-2011 has seen the Canada Border Services Agency further evolve its capacity to respond to access requests while safeguarding access rights.  The Canada Border Services Agency's human resource activities have allowed us to improve our Access to Information expertise and to retain and develop employees.  New processes and employee training and outreach have helped streamline our response times in the face of growing volumes and complexity.  Challenges remain, however, and the ongoing development and implementation of new measures, as was done in 2010-2011, will help us to meet these and other challenges in the years to come.

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Annex A - Delegation Order

Designation Order – CBSA
Access to Information Act & Access to Information Regulations

President
Access to Information Act – Sections
Section Number Section Name Designation order
7

Notice where access requested

X
8

Transfer of request

X
9

Extension of time limits

X
10

Refusal of access

X
11

Fees

X
12

Access to record

X
13

Exemption – information obtained in confidence

X
14

Exemption – federal-provincial affairs

X
15

Exemption – international affairs and defence

X
16

Exemption – law enforcement and investigations

X
17

Exemption – safety of individuals

X
18

Exemption – economic interests of Canada

X
19

Exemption – personal information

X
20

Exemption – third party information

X
21

Exemption – advice, etc.

X
22

Exemption – testing procedures, tests and audits

X
23

Exemption – solicitor-client privilege

X
24

Exemption – statutory prohibitions

X
25

Exemption – severability

X
26

Exemption – refusal of access where info to be published

X
27

Notice to third parties

X
28

Representations of third party and decision

X
29

Recommendations

X
33

Investigation – notice to third parties

X
35

Investigations in private

X
37

Findings and recommendations

X
43

Review by the federal court – notice to third parties

X
44

Review by the federal court – third party may apply for review

X
52

Applications relating to international affairs and defence

X
71

Public reading rooms

X

Access to Information Regulations – Sections
Section Number Section Name Designation order
5

Examination

X
6

Transfer of request

X
7

Fees

X
8

Access

X
Admissibility Branch
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Vice-President
Access to Information Act – Sections
Section Number Section Name Designation order
7

Notice where access requested

X
8

Transfer of request

X
9

Extension of time limits

X
10

Refusal of access

X
11

Fees

X
12

Access to record

X
13

Exemption – information obtained in confidence

X
14

Exemption – federal-provincial affairs

X
15

Exemption – international affairs and defence

X
16

Exemption – law enforcement and investigations

X
17

Exemption – safety of individuals

X
18

Exemption – economic interests of Canada

X
19

Exemption – personal information

X
20

Exemption – third party information

X
21

Exemption – advice, etc.

X
22

Exemption – testing procedures, tests and audits

X
23

Exemption – solicitor-client privilege

X
24

Exemption – statutory prohibitions

X
25

Exemption – severability

X
26

Exemption – refusal of access where info to be published

X
27

Notice to third parties

X
28

Representations of third party and decision

X
29

Recommendations

X
33

Investigation – notice to third parties

X
35

Investigations in private

X
37

Findings and recommendations

X
43

Review by the federal court – notice to third parties

X
44

Review by the federal court – third party may apply for review

X
52

Applications relating to international affairs and defence

X
71

Public reading rooms

X

Access to Information Regulations – Sections
Section Number Section Name Designation order
5

Examination

X
6

Transfer of request

X
7

Fees

X
8

Access

X
Strategy and Coordination Branch
Vice-President
Access to Information Act – Sections
Section Number Section Name Designation order
7

Notice where access requested

X
8

Transfer of request

X
9

Extension of time limits

X
10

Refusal of access

X
11

Fees

X
12

Access to record

X
13

Exemption – information obtained in confidence

X
14

Exemption – federal-provincial affairs

X
15

Exemption – international affairs and defence

X
16

Exemption – law enforcement and investigations

X
17

Exemption – safety of individuals

X
18

Exemption – economic interests of Canada

X
19

Exemption – personal information

X
20

Exemption – third party information

X
21

Exemption – advice, etc.

X
22

Exemption – testing procedures, tests and audits

X
23

Exemption – solicitor-client privilege

X
24

Exemption – statutory prohibitions

X
25

Exemption – severability

X
26

Exemption – refusal of access where info to be published

X
27

Notice to third parties

X
28

Representations of third party and decision

X
29

Recommendations

X
33

Investigation – notice to third parties

X
35

Investigations in private

X
37

Findings and recommendations

X
43

Review by the federal court – notice to third parties

X
44

Review by the federal court – third party may apply for review

X
52

Applications relating to international affairs and defence

X
71

Public reading rooms

X

Access to Information Regulations – Sections
Section Number Section Name Designation order
5

Examination

X
6

Transfer of request

X
7

Fees

X
8

Access

X
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Coporate Secretary
Access to Information Act – Sections
Section Number Section Name Designation order
7

Notice where access requested

X
8

Transfer of request

X
9

Extension of time limits

X
10

Refusal of access

X
11

Fees

X
12

Access to record

X
13

Exemption – information obtained in confidence

X
14

Exemption – federal-provincial affairs

X
15

Exemption – international affairs and defence

X
16

Exemption – law enforcement and investigations

X
17

Exemption – safety of individuals

X
18

Exemption – economic interests of Canada

X
19

Exemption – personal information

X
20

Exemption – third party information

X
21

Exemption – advice, etc.

X
22

Exemption – testing procedures, tests and audits

X
23

Exemption – solicitor-client privilege

X
24

Exemption – statutory prohibitions

X
25

Exemption – severability

X
26

Exemption – refusal of access where info to be published

X
27

Notice to third parties

X
28

Representations of third party and decision

X
29

Recommendations

X
33

Investigation – notice to third parties

X
35

Investigations in private

X
37

Findings and recommendations

X
43

Review by the federal court – notice to third parties

X
44

Review by the federal court – third party may apply for review

X
52

Applications relating to international affairs and defence

X
71

Public reading rooms

X

Access to Information Regulations – Sections
Section Number Section Name Designation order
5

Examination

X
6

Transfer of request

X
7

Fees

X
8

Access

X
Director, Legislative Affairs and ATIP
Access to Information Act – Sections
Section Number Section Name Designation order
7

Notice where access requested

X
8

Transfer of request

X
9

Extension of time limits

X
10

Refusal of access

X
11

Fees

X
12

Access to record

X
13

Exemption – information obtained in confidence

X
14

Exemption – federal-provincial affairs

X
15

Exemption – international affairs and defence

X
16

Exemption – law enforcement and investigations

X
17

Exemption – safety of individuals

X
18

Exemption – economic interests of Canada

X
19

Exemption – personal information

X
20

Exemption – third party information

X
21

Exemption – advice, etc.

X
22

Exemption – testing procedures, tests and audits

X
23

Exemption – solicitor-client privilege

X
24

Exemption – statutory prohibitions

X
25

Exemption – severability

X
26

Exemption – refusal of access where info to be published

X
27

Notice to third parties

X
28

Representations of third party and decision

X
29

Recommendations

X
33

Investigation – notice to third parties

X
35

Investigations in private

X
37

Findings and recommendations

X
43

Review by the federal court – notice to third parties

X
44

Review by the federal court – third party may apply for review

X
52

Applications relating to international affairs and defence

X
71

Public reading rooms

X

Access to Information Regulations – Sections
Section Number Section Name Designation order
5

Examination

X
6

Transfer of request

X
7

Fees

X
8

Access

X
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Manager
Access to Information Act – Sections
Section Number Section Name Designation order
7

Notice where access requested

X
8

Transfer of request

X
9

Extension of time limits

X
10

Refusal of access

X
11

Fees

X
12

Access to record

X
13

Exemption – information obtained in confidence

X
14

Exemption – federal-provincial affairs

X
15

Exemption – international affairs and defence

X
16

Exemption – law enforcement and investigations

X
17

Exemption – safety of individuals

X
18

Exemption – economic interests of Canada

X
19

Exemption – personal information

X
20

Exemption – third party information

X
21

Exemption – advice, etc.

X
22

Exemption – testing procedures, tests and audits

X
23

Exemption – solicitor-client privilege

X
24

Exemption – statutory prohibitions

X
25

Exemption – severability

X
26

Exemption – refusal of access where info to be published

X
27

Notice to third parties

X
28

Representations of third party and decision

X
29

Recommendations

X
33

Investigation – notice to third parties

X
35

Investigations in private

X
37

Findings and recommendations

X
43

Review by the federal court – notice to third parties

X
44

Review by the federal court – third party may apply for review

X
52

Applications relating to international affairs and defence

X
71

Public reading rooms

X

Access to Information Regulations – Sections
Section Number Section Name Designation order
5

Examination

X
6

Transfer of request

X
7

Fees

X
8

Access

X
Team Leader (ATI)
Access to Information Act – Sections
Section Number Section Name Designation order
7

Notice where access requested

X
8

Transfer of request

X
9

Extension of time limits

X
10

Refusal of access

 
11

Fees

X
12

Access to record

X
13

Exemption – information obtained in confidence

 
14

Exemption – federal-provincial affairs

 
15

Exemption – international affairs and defence

 
16

Exemption – law enforcement and investigations

 
17

Exemption – safety of individuals

 
18

Exemption – economic interests of Canada

 
19

Exemption – personal information

X
20

Exemption – third party information

 
21

Exemption – advice, etc.

 
22

Exemption – testing procedures, tests and audits

 
23

Exemption – solicitor-client privilege

 
24

Exemption – statutory prohibitions

X
25

Exemption – severability

 
26

Exemption – refusal of access where info to be published

 
27

Notice to third parties

X
28

Representations of third party and decision

X
29

Recommendations

 
33

Investigation – notice to third parties

 
35

Investigations in private

 
37

Findings and recommendations

 
43

Review by the federal court – notice to third parties

X
44

Review by the federal court – third party may apply for review

X
52

Applications relating to international affairs and defence

 
71

Public reading rooms

 

Access to Information Regulations – Sections
Section Number Section Name Designation order
5

Examination

 
6

Transfer of request

 
7

Fees

 
8

Access

 
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ATIP Advisor (ATI)
Access to Information Act – Sections
Section Number Section Name Designation order
7

Notice where access requested

X
8

Transfer of request

 
9

Extension of time limits

X
10

Refusal of access

 
11

Fees

X
12

Access to record

X
13

Exemption – information obtained in confidence

 
14

Exemption – federal-provincial affairs

 
15

Exemption – international affairs and defence

 
16

Exemption – law enforcement and investigations

 
17

Exemption – safety of individuals

 
18

Exemption – economic interests of Canada

 
19

Exemption – personal information

 
20

Exemption – third party information

 
21

Exemption – advice, etc.

 
22

Exemption – testing procedures, tests and audits

 
23

Exemption – solicitor-client privilege

 
24

Exemption – statutory prohibitions

 
25

Exemption – severability

 
26

Exemption – refusal of access where info to be published

 
27

Notice to third parties

X
28

Representations of third party and decision

X
29

Recommendations

 
33

Investigation – notice to third parties

 
35

Investigations in private

 
37

Findings and recommendations

 
43

Review by the federal court – notice to third parties

X
44

Review by the federal court – third party may apply for review

X
52

Applications relating to international affairs and defence

 
71

Public reading rooms

 

Access to Information Regulations – Sections
Section Number Section Name Designation order
5

Examination

 
6

Transfer of request

 
7

Fees

 
8

Access

 
Operations Branch
Vice-President
Access to Information Act – Sections
Section Number Section Name Designation order
7

Notice where access requested

X
8

Transfer of request

X
9

Extension of time limits

X
10

Refusal of access

X
11

Fees

X
12

Access to record

X
13

Exemption – information obtained in confidence

X
14

Exemption – federal-provincial affairs

X
15

Exemption – international affairs and defence

X
16

Exemption – law enforcement and investigations

X
17

Exemption – safety of individuals

X
18

Exemption – economic interests of Canada

X
19

Exemption – personal information

X
20

Exemption – third party information

X
21

Exemption – advice, etc.

X
22

Exemption – testing procedures, tests and audits

X
23

Exemption – solicitor-client privilege

X
24

Exemption – statutory prohibitions

X
25

Exemption – severability

X
26

Exemption – refusal of access where info to be published

X
27

Notice to third parties

X
28

Representations of third party and decision

X
29

Recommendations

X
33

Investigation – notice to third parties

X
35

Investigations in private

X
37

Findings and recommendations

X
43

Review by the federal court – notice to third parties

X
44

Review by the federal court – third party may apply for review

X
52

Applications relating to international affairs and defence

X
71

Public reading rooms

X

Access to Information Regulations – Sections
Section Number Section Name Designation order
5

Examination

X
6

Transfer of request

X
7

Fees

X
8

Access

X
Enforcement Branch
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Vice-President
Access to Information Act – Sections
Section Number Section Name Designation order
7

Notice where access requested

X
8

Transfer of request

X
9

Extension of time limits

X
10

Refusal of access

X
11

Fees

X
12

Access to record

X
13

Exemption – information obtained in confidence

X
14

Exemption – federal-provincial affairs

X
15

Exemption – international affairs and defence

X
16

Exemption – law enforcement and investigations

X
17

Exemption – safety of individuals

X
18

Exemption – economic interests of Canada

X
19

Exemption – personal information

X
20

Exemption – third party information

X
21

Exemption – advice, etc.

X
22

Exemption – testing procedures, tests and audits

X
23

Exemption – solicitor-client privilege

X
24

Exemption – statutory prohibitions

X
25

Exemption – severability

X
26

Exemption – refusal of access where info to be published

X
27

Notice to third parties

X
28

Representations of third party and decision

X
29

Recommendations

X
33

Investigation – notice to third parties

X
35

Investigations in private

X
37

Findings and recommendations

X
43

Review by the federal court – notice to third parties

X
44

Review by the federal court – third party may apply for review

X
52

Applications relating to international affairs and defence

X
71

Public reading rooms

X

Access to Information Regulations – Sections
Section Number Section Name Designation order
5

Examination

X
6

Transfer of request

X
7

Fees

X
8

Access

X
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Annex B - Statistical Reports on the Access to Information Act

Institution
Canada Border Services Agency
Reporting period
2010-04-01 to 2011-03-31
Source Media
148
Academia
3
Business
110
Organization
15
Public
1331

Requests under the Access to Information Act
Received during reporting period 1607
Outstanding from previous period 199
TOTAL 1806
Completed during reporting period 1580
Carried forward 226

Dispositon of requests completed
1. All disclosed 233
2. Disclosed in part 991
3. Nothing disclosed (excluded) 6
4. Nothing disclosed (exempt) 10
5. Transferred 57
6. Unable to process 179
7. Abandoned by applicant 104
8. Treated informally 0
TOTAL 1580

Exemptions invoked
S. Art. 13(1)(a) 237
S. Art. 13(1)(b) 36
S. Art. 13(1)(c) 30
S. Art. 13(1)(d) 50
S. Art. 14 0
S. Art 15(1) International rel. 164
S. Art 15(1) Defence 35
S. Art 15(1) Subversive activities 281
S. Art 16(1)(a) 43
S. Art 16(1)(b) 65
S. Art 16(1)(c) 623
S. Art 16(1)(d) 2
S. Art. 16(2) 215
S. Art. 16(3) 0
S. Art. 17 4
S. Art. 18(a) 2
S. Art. 18(b) 0
S. Art. 18(c) 0
S. Art. 18(d) 5
S. Art. 19(1) 759
S. Art. 20(1)(a) 1
S. Art. 20(1)(b) 7
S. Art. 20(1)(c) 1
S. Art. 20(1)(d) 2
S. Art. 21(1)(a) 58
S. Art. 21(1)(b) 74
S. Art. 21(1)(c) 12
S. Art. 21(1)(d) 15
S. Art.22 10
S. Art.23 57
S. Art.24 29
S. Art.26 2
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Exclusions cited
S. Art. 68(a) 1
S. Art. 68(b) 0
S. Art. 68(c) 0
S. Art. 69(1)(a) 4
S. Art. 69(1)(b) 0
S. Art. 69(1)(c) 5
S. Art. 69(1)(d) 1
S. Art. 69(1)(e) 3
S. Art. 69(1)(f) 0
S. Art. 69(1)(g) 7

Completion time
30 days or under / 30 jours ou  moins 1056
31 to 60 days / De 31 à 60 jours 288
61 to 120 days / De 61 à 120 jours 181
121 days or over / 121 jours ou plus 55

Extensions
  30 days or under 31 days or over
Searching 67 51
Consultation 188 120
Third party 2 7
TOTAL 257 178

Translations
Translations requested 0
Translations prepared English to French 0
French to English 0

Method of access
Copies given 1224
Examination 0
Copies and examination 0

Fees
Net fees collected
Application fees $7,641,.00
Reproduction $0.00
Searching $3,990.00
Preparation $0.00
Computer processing $0.00
TOTAL $11,631.00
Fees waived No. of times $
$25.00 or under 857 $3,268.00
Over $25.00 95 $8,864.40

Costs
Financial (all reasons)
Salary $ 915,651.99
Administration (O and M) $ 199,227.12
TOTAL $ 1,114,879.11
Person year utilization (all reasons)
Person year (decimal format) 13.77
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Annex C - Additional Reporting Requirements

Additional Reporting Requirements
Access to Information Act

In addition to the reporting requirements addressed in form TBS/SCT 350-62 “Report on the Access to Information Act,” institutions are required to report on the following using this form:

Part III – Exemptions invoked:
  • Paragraph 13(1)(e): 0
  • Subsection 16.1(1)(a): 0
  • Subsection 16.1(1)(b): 0
  • Subsection 16.1(1)(c): 0
  • Subsection 16.1 (1)(d): 0
  • Subsection 16.2(1): 0
  • Subsection 16.3: 0
  • Subsection 16.4(1)(a): 0
  • Subsection 16.4(1)(b): 0
  • Subsection 16.5: 0
  • Subsection 18.1(1)(a): 0
  • Subsection 18.1(1)(b): 0
  • Subsection 18.1(1)(c): 0
  • Subsection 18.1(1)(d): 0
  • Subsection 20.1(b.1): 0
  • Subsection 20.1: 0
  • Subsection 20.2: 0
  • Subsection 20.4: 0
  • Subsection 22.1(1): 0
Part IV – Exclusions cited:
  • Subsection 68.1: 0
  • Subsection 68.2(a): 0
  • Subsection 68.2(b): 0
  • Subsection 69.1(1): 0


  • 1. Access to Information Act R.S., 1985, Chapter A-1, p. 1
  • 2. Ibid., p. 45