Annual Report on the Access to Information Act 2021-2022

Table of Contents

1 Introduction

The Access to Information Act (the Act) came into force on July 1, 1983. The purpose of the Act is to enhance the accountability and transparency of federal government institutions in order to promote an open and democratic society and enable public debate on the conduct of those institutions. As part of that purpose, the Act provides a right of access to information found in records under the control of a government institution, in accordance with the following principles:

The Public Prosecution Service of Canada (PPSC) became subject to the Act when it was established as an independent organization on December 12, 2006, with the coming into force of the Director of Public Prosecutions Act (Part 3 of the Federal Accountability Act).

Pursuant to section 94 of the Access to Information Act and section 20 of the Service Fees Act, this 2021-2022 Annual Report on the Act has been prepared for tabling in the House of Commons and the Senate. This Report provides an analysis of the information contained in the PPSC's Statistical Report on the Act. In addition, it reports on emerging trends, training activities, internal policies, guidelines, and procedures with respect to the PPSC's administration of the Act.

2 The Public Prosecution Service of Canada

The PPSC's mandate is set out in the Director of Public Prosecutions Act (DPPA). The DPPA empowers the Director of Public Prosecutions (DPP), as Deputy Attorney General of Canada, to:

The DPPA also empowers the DPP to:

The DPP has the rank and status of a deputy head of a department and, in this capacity, is responsible for the management of the PPSC as a distinct government institution.

3 The ATIP Office

The ATIP Office holds primary responsibility for the implementation and administration of the Access to Information Act, along with the Privacy Act (collectively known as ATIP). The Office deals directly with the public in relation to access to information requests, liaises with Offices of Primary Interest (the subject matter experts) to prepare responses, and serves as the centre of ATIP expertise within the PPSC.

The ATIP Office fulfills its responsibilities by:

3.1 Organizational structure

The Director General, Communications and Parliamentary Affairs (CPA), acts as the PPSC's ATIP Coordinator.

During the period from April 1, 2021, to March 31, 2022, the ATIP Office comprised a Manager, two Senior Advisors, two Advisors, and an ATIP Officer.

The following chart outlines the organizational structure of the ATIP Office on March 31, 2022:

Figure 1: Organizational structure
Organizational Chart of Access to Information and Privacy Governance Structure
Text Version

Figure 1: Organizational structure

4 Delegated authorities

Pursuant to subsection 95(1) of the Act, the head of a government institution may designate one or more officers or employees of that institution, by order, to exercise or perform any of the powers, duties, or functions of the head of the institution under the Act.

The DPP, as the "head of institution," has designated this authority to the Director General, CPA, as well as the Senior Director General, Corporate Services, and the ATIP Manager (Delegation Order in Appendix A). The ATIP Manager exercises this authority in the absence of the Director General, CPA. The Senior Director General, Corporate Services, exercises this authority in the absence of both the Director General, CPA, and the ATIP Manager.

5 Performance

The following section provides an overview of key data on the PPSC's performance for the fiscal year, as reflected in the 2021-2022 Statistical Report on the Act in Appendix B of this report as well as the 2021-2022 Supplemental Statistical Report in Appendix C.

5.1 Requests received under the Access to Information Act

5.1.1 Number of requests

The PPSC completely received all but one (1) of its access to information requests via an online channel, known as the ATIP Online Request Service.

This could be a consequence of the pandemic, where most business remains online, but it is also part of a larger trend of an increasingly digital ATIP service.

The PPSC received 34 formal access to information requests in 2021-2022. This is one (1) more than in the previous fiscal year and 28% less than the 47 requests received in 2019-2020. This decline over the past two years from earlier periods could be attributed to the continued attention from media and the general public on the ongoing COVID-19 pandemic as well as reduced activities within the court system so as to manage the health crisis.

Additionally, eight (8) requests were carried over from the previous fiscal year. Altogether, the PPSC had 42 requests to process in 2021-2022.

Since its creation in December 12, 2006, the PPSC has received 502 access to information requests in total. Despite the last two reporting periods and some fluctuations throughout, the overall number of requests received each fiscal year has continued to increase.

The following chart illustrates this trend:

Figure 2: Requests received since 2006
Requests received since 2006

Note: As the PPSC was created on December 12, 2006, data for 2006-2007 only reflects a three-month period. Additionally, since 2014-2015, the number of requests received no longer includes those that are treated informally. These requests are now reported separately as informal requests.

Figure 2: Requests received since 2006 - Text Version
Requests received since 2006
2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
3 11 15 18 33 24 29 44 38 31 45 43 54 47 33 34

5.1.2 Subject matter

The subject matter of the 34 requests received in 2021-2022 was varied and often involved overlapping categories. However, a few key themes can be observed:

5.1.3 Sources

During the 2021-2022 fiscal period, 35% of the 34 requests received were from media. Similarly, the majority of requests received in the previous three fiscal years were also from the media. This continues to be a departure from the general trend of earlier reporting periods, where the greatest proportion of the PPSC's requests typically originated from the general public. This shift could be attributed to sustained media attention on the organization in light of recent high-profile prosecutions.

Another trend has emerged over recent fiscal years: the proportion of applicants declining to self-identify steadily grows. In particular, this was the case in 32% of requests received in 2021-2022, which is a 14% proportional increase from the last period.

The following chart shows the distribution of all requests received in 2021-2022 by source:

Figure 3: Sources of received requests
Sources of received requests

Note: Each percentage has been rounded to the nearest whole value. For this reason, the percentages set out in the chart do not add up to an exact 100%.

Figure 3: Sources of received requests - Text Version
Sources of received requests
Media Academia Business Public Decline to identify
35% 6% 21% 6% 32%

5.1.4 Informal requests

An informal request is any request for information made to the ATIP Office of a government institution that is not processed under the Act. Fees cannot be charged for informal requests and there are no deadlines for response. Additionally, the applicant has no statutory right of complaint to the OIC.

In 2021-2022, the PPSC received all but one (1) of its informal requests online.

The PPSC receives the majority of informal requests through the online Open Government Portal, where the PPSC publishes a monthly summary of completed access to information requests. Applicants have the ability to submit an informal request through the Portal for any records that were released in response to completed requests.

During the 2021-2022 fiscal year, the PPSC received 19 informal requests, seven (7) more than in the previous year but significantly less than the 66 requests in 2019-2020, the most recent period prior to the onset of the pandemic. As with formal requests, the ongoing decrease in informal requests could be attributed to focussed attention on the pandemic as well as court closures.

The PPSC responded to 17 informal requests within the first 15 days of receipt. The remaining two (2) were received at the very end of the current fiscal year and carried over to the next.

Throughout the fiscal year, the ATIP Office also prepared responses to Parliamentary Questions as well as provided advice and recommendations to PPSC employees regarding various reports on audits, workplace violence investigations, and information to be proactively published. The ATIP Office reviewed these reports to ensure that sensitive information, such as solicitor-client privileged and personal information, was identified and protected prior to publication or disclosure to the relevant parties.

5.2 Requests closed during the fiscal year

5.2.1 Disposition of requests

The PPSC responded to 29 formal access to information requests, which is 69% of the 42 requests that were received in 2021-2022 or carried forward from 2020-2021. This is one (1) more request than the 28 closed in the previous period but less than the average closure rate of 81% over the last five fiscal years.

While the decrease in requests closed in the past two fiscal years could be due to the effects of intermittent pandemic restrictions on ATIP operations, the number of pages processed were similar or, in the case of the current fiscal year, substantially higher than in recent pre-pandemic reporting periods. This indicates a comparable or even improved level of effort was maintained from year to year, despite the exceptional challenges of operating during a pandemic. Further information on page volume and the impact of the pandemic on operations is available in section 5.2.2 (Number of Pages Processed) and section 7.4 (COVID-19 Mitigation Measures), respectively, of this report.

13 requests remained outstanding by March 31, 2022, and were carried forward to the next fiscal year. All but one (1) had been received within the current fiscal year and were still within legislated timelines at the end of the same reporting period. The other active request was received earlier, in 2019-2020. Extensions to the initial 30-day statutory deadline were taken on the file to process a high volume of pages and conduct consultations with other government institutions. Despite these extensions, further time is needed to process the request and it is now past the extended deadline.

For requests closed in 2021-2022, the disposition is as follows:

Figure 4: Disposition of closed requests
Disposition of closed requests
Figure 4: Disposition of closed requests - Text Version
Disposition of closed requests
All disclosed Disclosed in part No records exist Neither confirmed nor denied
10% 79% 7% 4%

Note: Each percentage has been rounded to the nearest whole value. For this reason, the percentages set out in the chart do not add up to an exact 100%.

Of the 29 requests closed in 2021-2022, records were fully or partially disclosed in 90% of cases, a 46% proportional increase from the previous period. Overall, 69% of requests closed over the past five fiscal years have resulted in a full or partial disclosure of records to applicants.

During the 2021-2022 reporting period, the PPSC closed the following requests which did not result in the disclosure of any records:

No records exist

Two (2) requests could not be processed because relevant records under the control of the PPSC did not exist. Where possible, applicants were advised of other government institutions that may have records and were provided with contact information accordingly.

Neither confirmed nor denied

Subsection 10(2) of the Act was invoked in one (1) case, where the PPSC could neither confirm nor deny that records existed. The PPSC advised the applicant that if the relevant records did exist, they would qualify for exemption under sections 16, 19(1), and 23 of the Act, which protects any confidential information related to law enforcement or criminal investigations, personal information, and legal advice or active litigation, respectively. Further information on these provisions is available in section 5.2.4 (Exemptions) of this report.

5.2.2 Number of pages processed

The PPSC processed 33,359 pages in order to close 29 requests in 2021-2022, 44% more pages than in 2020-2021 and greater than any previous period in recent years. The relatively high page volume is due to eight (8) requests in particular, which, altogether, represent 85% of the pages processed during the current reporting period. These request mainly involved records connected with drug-related investigations and prosecutions.

The PPSC ATIP Office also reviewed an additional 10,842 pages received from across the organization that were deemed to be not relevant to the requests and were therefore not included as part of the responses.

The following is a summary of the relevant pages processed by the PPSC over the last five fiscal years:

Figure 5: Pages processed for closed requests since 2017
Pages processed for closed requests since 2015
Figure 5: Pages processed for closed requests since 2017 - Text Version
Pages processed for closed requests since 2017
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
10,263 10,795 20,206 18,652 33,359

5.2.3 Completion time

Of the 29 requests closed in 2021-2022, 13 were processed within the initial 30-day statutory deadline. This is 52% fewer requests than the 27 completed within the same timeframe during the previous period. This decline could be attributed to a greater number of requests closed in the current period involving several thousand pages each. Larger page volumes almost always correlates to more time needed for processing requests to completion.

An additional eight (8) were processed within the next 30 days and another seven (7) were closed between 61 and 365 days. The remaining case, involving 6,409 pages to process and other complexities, took 384 days to close.

Overall, the PPSC has processed 74% of the access to information requests closed over the last five fiscal years within 30 days of receipt.

The proportion of requests closed within this timeframe in recent years is as follows:

Figure 6: Requests closed within 30 days since 2017
Requests closed within 30 days since 2015
Figure 6: Requests closed within 30 days since 2017 - Text Version
Requests closed within 30 days since 2016
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
76% 71% 79% 96% 45%


The following is a breakdown of the number of days taken to respond to all requests closed in 2021-2022:

Figure 7: Completion time of requests
Completion time of requests
Figure 7: Completion time of requests - Text Version
Completion time of 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
7% 38% 28% 14% 3% 7% 3%

5.2.4 Exemptions

The right of access to information in government records is subject to limited and specific exceptions. Limitations to the right of access are set out in sections 13 through 24 of the Act. Section 26 also sets out an administrative exception relating to the publication of information.

The following is a breakdown of the exemptions applied by the PPSC in 2021-2022 for closed requests:

Figure 8: Exemptions that were invoked
Exemptions that were invoked
Figure 8: Exemptions that were invoked - Text Version
Exemptions that were invoked
Paragraph 13(1)(e) Subsection 16(1)(a)(i) Subparagraph 16(1)(a)(ii) Paragraph 16(1)(b) Paragraph 16(1)(c) Paragraph 16(2)(c) Subsection 19(1) Paragraph 21(1)(a) Paragraph 21(1)(b) Section 23
1 1 1 4 11 3 22 8 3 16

Over the last five fiscal years, the PPSC has most often invoked subsection 19(1) (personal information) and section 23 (solicitor-client privilege) of the Act when exempting information from disclosure. This reflects the mandate of the PPSC to conduct federal prosecutions, which often involve personal information about individuals, and to provide legal advice to law enforcement agencies and investigative bodies on matters relating to prosecutions.

5.2.5 Exclusions

Records or parts thereof to which the Act does not apply are considered to be "excluded." Pursuant to section 68, the Act does not apply to published material or material available for purchase by the public, library or museum material preserved solely for public record, or material placed in Library and Archives Canada. Records containing confidences of the Queen's Privy Council for Canada, also known as Cabinet confidences, and which have been in existence for less than 20 years are also excluded from the Act pursuant to section 69.

The PPSC excluded information in response to four (4) requests closed in 2021-2022. Section 68 of the Act was invoked in all cases. This is the third reporting period in a row wherein the PPSC has invoked an exclusion.

5.2.6 Format of information released

As in the previous period, information was released to applicants exclusively in electronic format for all 26 requests closed in 2021-2022 involving full or partial disclosure of records.

Electronic releases, whether by email or on compact disk, have consistently outnumbered paper-based responses in recent years. The following illustrates how this shift has occurred over the last five fiscal years:

Figure 9: Format of information released since 2017
Format of information released since 2015
Figure 9: Format of information released since 2017 - Text Version
Format of information released since 2017
Fiscal year Paper Electronic
2017-2018 45% 55%
2018-2019 19% 81%
2019-2020 2% 98%
2020-2021 0% 100%
2021-2022 0% 100%

5.2.7 Complexity

Due to the nature of the PPSC's work, processing requests can be challenging, and requests are regularly deemed "complex" based on a number of factors.

For example, records held by the PPSC often contain information relating to criminal or regulatory investigations or prosecutions that also frequently involve other organizations at the federal, provincial or territorial level. Consultations were the main factor driving complexity in two (2) requests closed in 2021-2022.

Legal advice may also be sought by the ATIP Office, which was the case for another request closed within the same period.

Of those closed during the fiscal year, 22 requests were deemed to be complex for a variety of other, sometimes overlapping reasons:

5.2.8 Deemed refusals

Requests that are not closed within the initial 30-day statutory deadline or within a timeframe covered by an extension provided by the Act are referred to as "deemed refusals." Further information on the circumstances in which an extension to the original deadline is permitted by the Act is available in section 5.3 (Extensions) of this report.

The vast majority of the 29 requests closed in the reporting period were responded to within the initial deadline or within an extended timeframe, representing 93% of cases.

There were two (2) deemed refusals in 2021-2022. One (1) was due to interference with operations and workload. This request was received towards the end of the 2020-2021 reporting period and involved 3,377 pages. Although extensions were taken to manage the workload and conduct consultations with other government institutions, the request was closed past deadline. The other request was closed six (6) days past deadline due to a data entry error involving the date of receipt. At the time of closing, the request had been considered to have been completed within legislated timelines. The data entry error was only discovered afterwards.

5.2.9 Requests for translation

Just as it has been the case over the last five fiscal years, the PPSC did not receive any requests from applicants in 2021-2022 to translate records from one official language to the other.

5.3 Extensions

Section 9 of the Act allows government institutions to extend the 30-day statutory deadline for processing a request in cases where institutions are required to review or search through a large number of records, or when consultations with other institutions or third parties are necessary.

The PPSC took 17 extensions to close requests during the 2021-2022 reporting period, significantly more than the two (2) in the previous fiscal year but comparable to earlier periods. Over the last five fiscal years, the PPSC has taken an average of 13 extensions each year. Overall, requests have become increasingly complex to process, whether due to the volume of pages to process, extensive search for relevant records, or consultations with other government institutions.

14 extensions were taken during the current fiscal year because responding to the requests within the original timeframe would have interfered with operations, while the remaining three (3) were taken because consultations were required with other government institutions, pursuant to paragraphs 9(1)(a) and 9(1)(c), respectively, of the Act.

Nine (9) extensions in 2021-2022 were taken for 30 days or less, while the lengths varied between 31 days and a year for the other eight (8) extensions.

The following table summarizes the length of extensions taken in 2021-2022 as well as the reasons for them:

Table 1: Extensions
Length of extensions Reasons for extensions
Paragraph 9(1)(a) - Interference with operations Paragraph 9(1)(b) - Consultation Paragraph 9(1)(c) - Third-party notice
30 days or less 8 1 0
31 to 60 days 1 2 0
61 to 120 days 2 0 0
121 to 180 days 1 0 0
181 to 365 days 2 0 0
Total 14 3 0

5.4 Consultations received from other institutions

5.4.1 Number of consultations

The PPSC received 31 consultations from other government institutions for processing under the Act in 2021-2022. This is 32% more than in the previous fiscal year, which may reflect a return to regular ATIP operations following restrictions placed on office-based activities that were imposed across government in response to earlier pandemic case surges.

Since December 12, 2006, the PPSC has received 627 access to information consultations in total.

The following chart illustrates the varying number of consultations received by the PPSC each fiscal year since its creation in 2006:

Figure 10: Consultations received since 2006
Consultations received since 2006

Note: As the PPSC was created on December 12, 2006, data for 2006-2007 only reflects a three-month period.

Figure 10: Consultations received since 2006 - Text Version
Consultations received since 2006
2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
7 53 52 40 56 58 35 45 32 31 45 52 32 37 21 31

5.4.2 Sources of consultations

Of the 31 consultations received by the PPSC in 2021-2022, 22 originated from the Treasury Board of Canada Secretariat (TBS). This department has consistently been the top source for consultations over the last five reporting periods. Typically, these consultations do not involve many pages or complex subject matter.

The number of consultations forwarded by any given government institution or organization does not reflect the actual amount of work required to process them. For example, some other consultations received in 2021-2022 pertained to prosecutions. Unlike the TBS consultations, consultations related to these topics involve a greater number of records and increased complexity.

The following table identifies the number of consultations sent by each government institution:

Table 2: Sources of consultations
Source Number of consultations %
Treasury Board of Canada Secretariat 22 71%
Canada Revenue Agency 2 6%
Office of the Privacy Commissioner 1 3%
Department of Justice Canada 1 3%
Royal Canadian Mounted Police 1 3%
Global Affairs Canada 1 3%
Environment and Climate Change Canada 1 3%
Public Services and Procurement Canada 1 3%
Public Service Commission 1 3%
Total 31 100%

5.4.3 Disposition and recommendations

The PPSC responded to all 31 consultations received in 2021-2022. There were no consultations outstanding as of March 31, 2022.

A total of 2,340 pages were processed, a quarter greater than in the previous fiscal year. Over the last five years, the PPSC has processed an average of 3,026 pages in response to consultations. The number of pages processed each year during this timespan is as follows:

Figure 11: Pages processed for completed consultations completed since 2017
Pages processed for completed consultations completed since 2016
Figure 11: Pages processed for completed consultations completed since 2017 - Text Version
Pages processed for completed consultations completed since 2017
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
7,031 2,928 1,067 1,763 2,340

Of the 31 consultations completed in 2021-2022, the PPSC recommended that the other government institutions fully disclose records in all but two (2) cases. The PPSC recommended that records be partially disclosed in response to one (1) other consultation and the remaining case was abandoned by the consulting government institution before the PPSC's recommendations could be finalized.

Overall, the PPSC has completed 176 consultations over the last five fiscal years. During that time, the PPSC's recommendations with respect to consultations have consistently leaned towards disclosure, whether in full or in part, rather than full exemption of records.

The following chart illustrates this trend:

Figure 12: Percentage of recommendations to disclose or exempt since 2017
Percentage of recommendations to disclose or exempt since 2017
Figure 12: Percentage of recommendations to disclose or exempt since 2017 - Text Version
Percentage of recommendations to disclose or exempt since 2017
  2017-2018 2018-2019 2019-2020 2020-2021 2021-2022
Disclose entirely or in part 100% 94% 92% 100% 97%
Exempt entirely 0% 3% 0% 0% 0%

5.4.4 Completion time

Of the 31 consultations completed in 2021-2022, most were processed within 30 days of receipt (26 cases in total). Over the last five fiscal years, 82% of consultations have been completed, on average, within the same number of days.

The PPSC responded to the five (5) other consultations within 31 to 60 days in 2021-2022.

The following chart breaks down the proportion of consultations completed within each timeframe during the reporting period:

Figure 13: Completion time of consultations
Completion time of consultations
Figure 13: Completion time of consultations - Text Version
Completion time of consultations
1 to 15 days 16 to 30 days 31 to 60 days
48% 36% 16%

5.5 Consultations on Cabinet confidences

No consultations regarding subsection 69(1) (Cabinet confidences) of the Actwere carried out during fiscal year 2021-2022.

5.6 Service fees and costs

The Act authorizes the collection of fees for processing formal requests for information. In accordance with the Treasury Board's Interim Directive on the Administration of the Access to Information Act, which was in effect as of March 31, 2022, and the changes to the Act that came into force on June 21, 2019, the Public Prosecution Service of Canada waives all fees prescribed by the Act and Regulations other than the $5.00 application fee set out in paragraph 7(1)(a) of the Regulations.

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution. Accordingly, the information below is also being reported in accordance with the requirements of section 20 of the Service Fees Act.

The PPSC collected a total of $170.00 in application fee revenue for 34 requests received in fiscal year 2021-2022. No application fees were waived during this same period.

In the 2021-2022 fiscal year, the PPSC spent a total of $330,358 administering the Access to Information Act, of which salaries accounted for nearly all expenditures at $329,349, while goods and services accounted for the remaining $1,009. No overtime expenditures were incurred during this period.

6 Training and awareness activities

No formal ATIP awareness sessions were delivered in 2021-2022.

Presentations were delivered in the recent past to raise awareness of corporate responsibilities regarding ATIP. These materials continue to be made available to all PPSC employees through the internal website. Communiqués on ATIP topics were also distributed throughout the year as part of the PPSC's corporate newsletters, which included promoting Right to Know Week 2021.

ATIP personnel provided informal learning to employees on an ad hoc basis regarding the processing of access to information requests and regularly provided advice to PPSC officials on the interpretation of the Act, including proactive publication.

7 Policies, guidelines, procedures, and initiatives

7.1 ATIP governance structure

The PPSC ATIP Governance Structure was approved by the PPSC's Executive Council in October 2011. It outlines the reporting relationships within the PPSC and establishes clear responsibilities for decision-making for the purposes of administering the Act.

7.2 Information about Programs and Information Holdings

Information about Programs and Information Holdings (formerly known as Info Source: Sources of Government and Employee Information) is published on the Government of Canada's canada.ca website. It provides information about the functions, programs, activities, and related information holdings of government institutions subject to the Access to Information Act and the Privacy Act.

At least once a year, the PPSC ATIP Office reviews and updates information, if necessary, about the PPSC's activities and information holdings in the publication. No updates were required in 2021-2022.

7.3 Initiatives

The PPSC did not implement any new initiatives relating to access to information during the 2021-2022 fiscal year. The organization expects to develop revised policies and procedures in upcoming years in preparation for government-wide directives to support the amended Act, open government initiatives, and the ongoing modernization of ATIP digital services.

Access to information tools were updated in 2021-2022 as needed, such as procedural manuals for PPSC officials, so that the organization may continue to process requests efficiently and in compliance with the Act and Treasury Board policies and directives.

7.4 COVID-19 mitigation measures

The ongoing COVID-19 pandemic continues to present a unique challenge for the ATIP Office. In response to emergency public health measures put in place at the end of the 2019-2020 fiscal period, the Office had transferred the majority of its operations to a remote working environment.

Since its launch, the vast majority of applicants have used the ATIP Online Request Service to submit requests to the PPSC.

The ATIP Office was largely prepared for the transition due to efforts in recent years to build its digital capacity, such as becoming an early adopter of the government-wide ATIP Online Request Service (AORS). Furthermore, templates and forms were adapted for electronic signature early on in the pandemic and PPSC officials submit most records to the ATIP Office by email or through shared, digital dropboxes.

The Office's capacity to process requests and consultations was at first significantly affected when the work involved paper-based or Top Secret records as well as records only available on compact disk. In accordance with the early stages of the PPSC's business continuity and business resumption plans, staff were not authorized to work on the premises during total lockdowns put in place by local governments for business and other activities. As a result, the PPSC experienced 11 weeks in total throughout the reporting period where it had no capacity to process these types of records.

In these cases, the ATIP Office limited the disruption by implementing work plans to prioritize and process these records post-lockdown. Staff also consulted applicants and other government institutions on a case-by-case basis to find solutions for moving these requests and consultations forward.

As the frequency of total lockdowns declined and more targeted restrictions on business activities were implemented within the community to manage later pandemic case surges, ATIP Office staff were authorized to return to work onsite based on operational requirements. Minor processing delays sometimes occurred, dependent on the volume of records involved or when staff could obtain prior approval to work onsite. Further information on operational capacity is available in the 2021-2022 Supplemental Statistical Report in Appendix C of this report.

While the ATIP Office experienced some limitations in managing operations remotely, every effort was made to ensure applicants received complete responses within established timelines.

8 Complaints and investigations

Decisions made under the Actare subject to a right of review. This ensures government institutions' compliance with their access to information obligations as well as fair treatment for all applicants.

The first level of review is a formal complaint made to the Information Commissioner. Following an investigation, the Commissioner has the power to order the release of information should they deem the complaint to be well-founded. No order has been issued to the PPSC to date. The second level of review is an application for judicial review to the Federal Court.

The PPSC reviews the outcomes of all Office of the Information Commissioner (OIC) investigations and incorporates lessons learned into business processes, where appropriate.

Two (2) complaints pertaining to two (2) separate requests were filed with the OIC against the PPSC in 2021-2022, one (1) of which was still under investigation as of March 31, 2022. The active complaint alleges that the PPSC failed to conduct a reasonable search for records.

The complainant in the other instance alleged that the response to their request was inappropriately delayed. The PPSC was required to provide formal representations, pursuant to section 35 of the Act, that explain the reasons for the delay. When the PPSC later provided the complainant with a response to their request, the OIC considered the matter resolved and ceased investigating, with no further action required on the PPSC's part.

The PPSC did not receive any formal findings regarding complaints from the Commissioner during the reporting period.

There were six (6) complaint investigations that remained outstanding as of March 31, 2022, and carried forward to the next fiscal year. These include:

The following table summarizes the reasons for the complaints received by the PPSC in fiscal year 2021-2022 as well as the OIC's findings for the concluded investigation:

Table 3: Complaints and investigations
Reason for complaint Number of complaints Results of investigations
Well-founded Not well-founded Discontinued OIC has yet to issue its findings
Refusal – Exemptions 4 0 0 0 4
Refusal – General 2 0 0 0 2
Delay 1 0 0 1 0
Total 7 0 0 1 6

There were no applications for judicial review filed with the Federal Court in 2021-2022.

9 Monitoring compliance

The ATIP Office maintains a comprehensive statistical reporting and performance measurement system. The ATIP Manager meets with the ATIP Coordinator weekly on the status of active requests, complaints, and any issues that have arisen.

The ATIP Office also provides reports to the PPSC's senior management on an ad hoc basis about its activities, caseload, and trends related to access to information.

10 Reading room

Section 8 of the Regulationsrequires that government institutions maintain a reading room where the public can examine records.

The PPSC's main reading room is located at 160 Elgin Street, Ottawa, Ontario. Individuals who wish to examine records must schedule an appointment with the ATIP Office. Individuals located outside of the National Capital Region can make arrangements through the ATIP Office to examine records at one of its regional offices.

11 Appendix A – Delegation order

The Director of Public Prosecutions, pursuant to section 73 of the Access to Information Act and section 73 of the Privacy Act, as they existed prior to June 21, 2019, and pursuant to the current subsection 95(1) of the Access to Information Act and subsection 73(1) of the Privacy Act, hereby designates to the persons holding the positions set out in the schedule hereto the powers, duties and functions of the Director of Public Prosecutions as the head of the Office of the Director of Public Prosecutions, under the under the provisions of the Acts and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders.

Schedule

Position Access to Information Act and Regulations Privacy Act and Regulations
Senior Director General, Corporate Services Full Authority Full Authority
Director General, Communications and Parliamentary Affairs Full Authority Full Authority
Manager, ATIP Full Authority Full Authority

Dated, at the City of Ottawa, this 22 nd day of February, 2021.

(original signed by)

Kathleen Roussel
Director of Public Prosecutions

12 Appendix B – Statistical report on the Access to Information Act

Name of institution: Public Prosecution Service of Canada

Reporting period: 2021-04-01 to 2022-03-31

Section 1: Requests Under the Access to Information Act

1.1 Number of requests
  Number of Requests
Received during reporting period 34
Oustanding from previous reporting periods 8
- Outstanding from previous reporting period 7  
- Outstanding from more than one reporting period 1  
Total 42
Closed during reporting period 29
Carried over to next reporting period 13
- Carried over within legislated timeline 12  
- Carried over beyond legislated timeline 1  
1.2 Sources of requests
Source Number of Requests
Media 12
Academia 2
Business (private sector) 7
Organization 0
Public 2
Decline to Identify 11
Total 34
1.3 Channels of requests
Source Number of Requests
Online 33
E-mail 1
Mail 0
In person 0
Phone 0
Fax 0
Total 34

Section 2: Informal requests

2.1 Number of informal requests
  Number of Requests
Received during reporting period 19
Oustanding from previous reporting periods 0
- Outstanding from previous reporting period 0  
- Outstanding from more than one reporting period 0  
Total 19
Closed during reporting period 17
Carried over to next reporting period 2
2.2 Channels of informal requests
Source Number of Requests
Online 18
E-mail 1
Mail 0
In person 0
Phone 0
Fax 0
Total 19
2.3 Completion time of informal requests
Completion time of informal 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
17 0 0 0 0 0 0 17
2.4 Pages released informally
Less Than 100 100-500 501-1000 1001-5000 More Than 5000
Pages Released Pages Released Pages Released Pages Released Pages Released
Number of Pages Number of Pages Number of Pages Number of Pages Number of Pages
Requests Released Requests Released Requests Released Requests Released Requests Released
0 0 0 0 0 0 0 0 0 0
2.5 Pages re-released informally
Less Than 100 100-500 501-1000 1001-5000 More Than 5000
Pages Released Pages Released Pages Released Pages Released Pages Released
Number of Pages Number of Pages Number of Pages Number of Pages Number of Pages
Requests Released Requests Released Requests Released Requests Released Requests Released
6 132 4 1003 1 672 6 7607 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
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 2 1 0 0 0 0 3
Disclosed in part 1 7 7 4 1 2 1 23
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 1 1 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 1 0 0 0 0 0 1
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 2 11 8 4 1 2 1 29
4.2 Exemptions
Section Number of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 1
14 0
14(a) 0
14(b) 0
15(1) 0
15(1) - I.A.Table note 1 0
15(1) - Def.Table note 2 0
15(1) - S.A.Table note 3 0
16(1)(a)(i) 1
16(1)(a)(ii) 1
16(1)(a)(iii) 0
16(1)(b) 4
16(1)(c) 11
16(1)(d) 0
16(2) 0
16(2)(a) 0
16(2)(b) 0
16(2)(c) 3
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) 22
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) 8
21(1)(b) 3
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 16
23.1 0
24(1) 0
26 0

Table notes

4.3 Exclusions
Section Number of Requests
68(a) 4
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 25 1 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
33359 7064 27
4.5.2 Relevant pages processed and disclosed 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 3 60 0 0 0 0 0 0 0 0
Disclosed in part 6 232 4 1120 5 3508 6 16905 2 11534
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 1 0 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0 0 0
Total 10 292 4 1120 5 3508 6 16905 2 11534
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 1 0 2 3
Disclosed in part 1 1 19 21
All exempted 0 0 0 0
All excluded 0 0 0 0
Request Abandoned 0 0 0 0
Neither confirmed nor denied 0 0 1 1
Decline to act with the approval of the Information Commissioner 0 0 0 0
Total 2 1 22 25

4.6 Closed requests

4.6.1 Requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 27
Percentage of requests closed within legislated timelines (%) 93.10344828

4.7 Deemed refusals

4.7.1 Reasons for not meeting legislated deadline
Number of Requests Closed Past the Legislated Deadline Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
2 1 0 0 1
4.7.2 Requests closed beyond legislated timelines (including any extensions taken)
Number of Days Past Deadline Number of Requests Past Deadline Where No Extension Was Taken Number of Requests Past Deadline Where An Extension Was Taken Total
1 to 15 days 0 1 1
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 1 1
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 2 2
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 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
All disclosed 0 0 1 0
Disclosed in part 14 0 2 0
All exempted 0 0 0 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 14 0 3 0
5.2 Length of extensions
Length of Extensions 9(1)(a) Interference With Operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
30 days or less 8 0 1 0
31 to 60 days 1 0 2 0
61 to 120 days 2 0 0 0
121 to 180 days 1 0 0 0
181 to 365 days 2 0 0 0
365 days or more 0 0 0 0
Total 14 0 3 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 34 $170.00 0 $0.00 0 $0.00
Other fees 0 $0.00 0 $0.00 0 $0.00
Total 34 $170.00 0 $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 organizations
Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during reporting period 31 2340 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 31 2340 0 0
Closed during the reporting period 31 2340 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 15 10 4 0 0 0 0 29
Disclose in part 0 0 1 0 0 0 0 1
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 1 0 0 0 0 0 1
Total 15 11 5 0 0 0 0 31
7.3 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 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 Section 30(5) Ceased to investigate Section 35 Formal representations
2 1 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

10.2 Court Action 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

Section 11: Resources Related to the Access to Information Act

11.1 Allocated Costs
Expenditures Amount
Salaries $329,349
Overtime $0

Goods and Services

$1,009
  • Professional services contracts
$0  
  • Other
$1,009
Total $330,358
11.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 3.740
Part-time and casual employees 0.000
Regional staff 0.000
Consultants and agency personnel 0.000
Students 0.000
Total 3.740

Note: Enter values to three decimal places.

13 Appendix C – Supplemental statistical report on the Access to Information Act and the Privacy Act

Name of institution: Public Prosecution Service of Canada

Reporting period: 2021-04-01 to 2022-03-31

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

Enter the number of weeks your institution was able to receive ATIP requests through the different channels.
  Number of Weeks
Able to receive requests by mail 36
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 Enter the 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 7 45 0 52
Protected B Paper Records 7 45 0 52
Secret and Top Secret Paper Records 7 45 0 52
2.2 Enter the 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 39 13 52
Protected B Paper Records 0 39 13 52
Secret and Top Secret Paper Records 0 52 0 52

Section 3: Open Requests and Complaints Under the Access to Information Act

3.1 Enter the 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 of March 31, 2022 Open Requests that are Beyond Legislated Timelines as of March 31, 2022 Total
Received in 2021-2022 12 0 12
Received in 2020-2021 0 0 0
Received in 2019-2020 0 1 1
Received in 2018-2019 0 0 0
Received in 2017-2018 0 0 0
Received in 2016-2017 0 0 0
Received in 2015-2016 or earlier 0 0 0

Row 8, Col. 3 of Section 3.1 must equal Row 7, Col. 1 of S 2021-2022 Statistical Report on the Access to Information

3.2 Enter the number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods.
Fiscal Year Open Complaints Were Received by Institution Number of Open Complaints
Received in 2021-2022 1
Received in 2020-2021 3
Received in 2019-2020 1
Received in 2018-2019 1
Received in 2017-2018 0
Received in 2016-2017 0
Received in 2015-2016 or earlier 0
Total 6

Section 4: Open Requests and Complaints Under the Privacy Act

4.1 Enter the number of open requests that are outstanding from previous reporting periods.
Fiscal Year Open Requests Were Received that are Within Legislated Timelines as of March 31, 2022 that are Beyond Legislated Timelines as of March 31, 2022 Total
Received in 2021-2022 2 0 2
Received in 2020-2021 0 1 1
Received in 2019-2020 0 0 0
Received in 2018-2019 0 0 0
Received in 2017-2018 0 0 0
Received in 2016-2017 0 1 1
Received in 2015-2016 or earlier 0 0 0
Total 2 2 4

Row 8, Col. 3 of Section 4.1 must equal Row 7, Col. 1 of S 2021-2022 Statistical Report on the Privacy Act

4.2 Enter the number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods.
Fiscal Year Open Complaints Were Received by Institution Number of Open Complaints
Received in 2021-2022 0
Received in 2020-2021 0
Received in 2019-2020 0
Received in 2018-2019 1
Received in 2017-2018 0
Received in 2017-2018 0
Received in 2016-2017 0
Received in 2015-2016 or earlier 0
Total 1

Section 5: Social Insurance Number (SIN)

Did your institution receive authority for a new collection or new consistent use of the SIN in 2021-2022? No
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