Annual Report to Parliament 2019-2020 on the Access to Information Act

Table of contents

• Chapter one: Access to Information Act report
• Introduction
• Organizational structure
  • RCMP
  • Access to Information and Privacy (ATIP) branch
• Delegation order
• Performance 2019-2020
  • Impact of COVID-19 and mitigation measures
  • Compliance
  • Requests received and closed
  • Sources of requests
  • Pages processed
  • Number of requests processed with over 5,000 pages
  • Completion time
  • Extensions
  • Consultations for other institutions
• Reporting on access to information fees for the purposes of the Service Fees Act
• Training awareness
• Policies, guidelines, procedures and initiatives
• Summary of key issues and actions taken on complaints or audits
• Complaints and investigations
• Court action
• ATIP program internal audit
• Monitoring compliance
• Appendix A - Delegation order
• Appendix B - Statistical report on the Access to Information Act
• Appendix C - Supplemental statistical report on the Access to Information Act - Requests affected by COVID-19 measures

Chapter One: Access to Information Act report

Introduction

The Royal Canadian Mounted Police (RCMP) is committed to providing Canadians with information in a timely manner. Canadians need us to be open and transparent, and be accountable for the work we do. We take our responsibilities under the Access to Information and Privacy Acts seriously, and will continue to communicate how we meet Canadians' expectations, while protecting the public and the integrity of the investigations we undertake on their behalf.

The purpose of the Access to Information Act (ATIA) is to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society. The Act provides a right of access to information in accordance with principles that government information should be available to the public and that necessary exceptions should be limited and specific.

The RCMP's annual report for 2019-2020 details the manner in which it discharged its responsibilities in relation to the Act, during the reporting period. The report is prepared and tabled in Parliament in accordance with section 94 of the Access to Information Act.

During the past two years, RCMP Commissioner Brenda Lucki has worked diligently with employees, partners and stakeholders, to develop a plan to modernize as the RCMP it approaches its 150th anniversary in 2023 and beyond.

The plan is making the RCMP a modern, healthy and effective organization: putting people first to achieve policing excellence and ultimately, a safer Canada. Our work won't stop in 2023 – we know that we need to continually evolve to keep pace with the policing environment and what Canadians need and expect from the RCMP.

The RCMP's framework for modernizing its police service sets out objectives and projects under four crucial pillars: our people, our culture, our stewardship and our police services.

As part of these modernization projects, the Access to Information and Privacy (ATIP) Branch will undergo a number of changes, including reviewing its policies to better align with legislation, refining a human resources strategy to address our needs, and conducting a strategic program review to improve our business processes. We will also launch an education campaign for employees across the country. Our aim is to increase awareness of our employees' roles and responsibilities when it comes to information.

While the RCMP's change journey is long, we have set the course for where we want to be: a healthy, inclusive organization providing a leading-edge police service to keep Canadians safe.

Organizational structure

RCMP

For nearly 150 years, the RCMP has been Canada's national police service. It is unique in the world since it is a national, federal, provincial, and municipal policing body. The Force provides federal policing services to all Canadians and policing services under contract to the three territories, eight provinces, and more than 180 municipalities, including more than 750 detachments across Canadian communities, 600 Indigenous communities and three international airports.

The RCMP's mandate is multi-faceted and includes preventing and investigating crime; maintaining peace and order; enforcing laws; contributing to national security; ensuring the safety of state officials, visiting dignitaries and foreign missions; and providing vital operational support services to other police and law enforcement agencies within Canada and abroad.

The organization is sub-divided into 16 divisions (10 provinces and 3 territories) and National Headquarters in Ottawa, each of which is under the direction of a Commanding Officer or Director General. National Headquarters includes nine business lines and is structured as follows: Federal Policing; Contract and Indigenous Policing; Specialized Policing Services; Corporate Management; Human Resources; Internal Audit and Evaluation; Legal Services; Office of the Ethics Advisor; and, Strategic Policy and External Relations Directorate.

Access to Information and Privacy Branch

The RCMP established the ATIP Branch in 1983, as the central contact point for matters arising from both the Access to Informationand Privacy Acts.

The ATIP Branch falls within the RCMP's Strategic Policy and External Relations Directorate. The Director of the Branch acts on behalf of the head of the institution as the Departmental Access to Information and Privacy Coordinator for the RCMP. The ATIP Coordinator ensures compliance with both the spirit and the intent of the Access to Information and Privacy Acts, as well as all associated regulations and guidelines.

As described below, the ATIP Branch is divided into two major areas.

Disclosure Team (Operations): This team processes all formal requests under the Access to Information and Privacy Acts. This includes: working with requesters to discuss scope and clarity of their submissions; opening requests; and, tasking and receiving/importing records to and from Liaison Officers (LOs) within the RCMP's various business lines and divisions from across the country. The team also reviews records and provides disclosed pages to requesters. As well, they process informal access to information requests, review, and respond to complaints received through both the Offices of the Information and Privacy Commissioners.

When tasking requests, the Branch works closely with LOs and record holders, known as Office of Primary Interest (OPIs). Some responsibilities of the LOs and OPIs include:

• Liaison Officers (LOs): They are responsible for forwarding all ATIP requests to the appropriate personnel (OPIs) within their business lines or divisions. Other responsibilities include: tracking submissions to ensure responsive records are sent by OPIs to the ATIP Branch; ensuring records are on time; and, documenting and communicating internal RCMP ATIP processes to all who facilitate the processing of requests.
• Office of Primary Interest (OPIs): As the record holders, some of their responsibilities include: providing electronic copies of the responsive records; reviewing records for duplication; ensuring that the information falls within the scope of the request; notifying the ATIP Branch if records are voluminous; and, advising the Branch or LO if an extension is required.

Policy Team: This team monitors and develops internal policies, procedures and guidelines for the collection, retention, disposition, use and disclosure of all personal and non-personal information for RCMP-wide applications. It also offers support to ATIP analysts and the RCMP ATIP Coordinator, provides guidance to RCMP business lines and divisions across Canada with respect to section 4 to 8 of the Privacy Act. In addition, the Team reviews and creates internal policies that reflect Treasury Board Secretariat policies and directives as well as expectations of the Office of the Privacy Commissioner in order to meet its obligations in relation to the Info Source and Privacy Impact Assessments within the RCMP.

Delegation Order

The Departmental Access to Information and Privacy Coordinator has full authority to administer the legislation and apply exemptions and releases. A copy of the signed Delegation Order is included in Appendix A.

Performance 2019-2020

This section provides on overview of the RCMP's performance with respect to information requested under the Access to Information Act for the 2019-2020 reporting year. The completed statistical report is found in Appendix B.

During 2019-2020, the RCMP's ATIP Branch led the overall coordination of Bill C-58 proactive publication requirements for the RCMP. The Branch worked with various internal units which were responsible for producing briefing materials, ensuring that the RCMP met the legislative requirements.

The Branch also continued to work closely with its partners and stakeholders in finding solutions and reviewing processes to ensure that it responded to Canadians' requests in a more adequate and timely manner.

Impact of COVID-19 and mitigation measures

Due to the COVID-19 pandemic, the RCMP experienced added challenges during the reporting period. As with other non-critical services within the RCMP, employees of the ATIP Branch teleworked with limited capacity during the last two weeks of March. This resulted in some employees not being able to perform their duties and some experienced technical difficulties in processing requests. As well, most LOs and OPIs were delivering critical services and had limited abilities in responding to the ATIP Branch during this period. Not withstanding these challenges, the Branch implemented temporary measures to ensure Canadians continued to receive information during this period. Such measures included: putting in place safeguards to efficiently retrieve disclosed files; reprioritizing requests to better meet timelines; electronically releasing smaller sized consultations; and implementing a gradual return to tasking LOs and OPIs in the first quarter of the 2020-2021 fiscal year. As well, Branch employees continued to open online requests, retrieve electronic records and review backlogged files.

Compliance

The ATIP Branch saw a slight decrease in compliance for the number of closed requests within the legislated timeframes under the ATIA. Compliance decreased to 24.9% from 28.6% in 2018-2019 fiscal year. The decrease is largely due to the capacity challenge within the Branch to address complex and voluminous requests. Further, limited resources were challenged with an increase of 160% for the number of requests containing 5,000 or more relevant pages compared to the 2018-2019 reporting period. As well, because of the COVID-19 pandemic, the RCMP had limited capacity during the last two weeks in March.

Requests received and closed

As noted in the statistical report in Appendix B, the RCMP received a total of 4,512 new requests under the ATIA in 2019-2020. In addition, there were 3,688 requests outstanding from the previous reporting period for a total of 8,200 requests. Of these, 4,987 requests were completed and 3,213 carried over to the 2020-2021 fiscal year.

Generally, ATIA requests cover a variety of topics and can include information about contracts/program costs and expenses, information related to security issues, operational file material as well as the management of the RCMP.

As demonstrated below, there has been a slight increase in requests received compared to the previous last reporting period. Conversely, the number of requests closed for this reporting period increased by 19% compared to the previous fiscal year and increased by 68% compared to the 2017-2018 fiscal year.

Workload

Chart 1: Workload - Text version

Chart 1: Workload

Year	Received	Outstanding	Completed	Carried over
2017-2018	5203	1192	2967	3428
2018-2019	4436	3428	4176	3688
2019-2020	4512	3688	4987	3213

Sources of requests

During the 2019-2020 fiscal year, a total 4,512 requests were received. The sources of these requests were as follows:

• 426 (9%) were received from the media;
• 120 (3%) were from academia;
• 945 (21%) were from business;
• 198 (4%) were from organizations; and,
• 2,570 (57%) were from the public.

Two hundred and fifty-three (6%) requesters declined to identify.

Chart 2: Sources of requests - Text version

Chart 2: Sources of requests

Source	Number of requests
Media	426
Academia	120
Business (private sector)	945
Organization	198
Public	2570
Decline to Identify	253
Total	4512

Pages processed

The Branch's level of output for the number of pages processed under the ATIA during the 2019-2020 fiscal year increased by 75% compared to the 2018-2019 fiscal year and increased by 127% compared to the 2017-2018 fiscal year. This may be attributable to some efficiencies implemented by the Branch and because of the use of full-time contractors.

Chart 3: Pages processed - Text version

Chart 3: Pages processed

Number of requests	Completed
2017-2018	2967
2018-2019	4176
2019-2020	4987

Number of requests processed with over 5,000 pages

Over the past three fiscal years, the RCMP has seen a significant increase in the requests processed with over 5,000 relevant pages disclosed. For the current reporting period of 2019-2020, there has been an increase of 160% for the number of such requests compared to the 2018-2019 fiscal year and an increase of 520% compared to the 2017-2018 fiscal year.

Completion time

The Branch was able to complete a total of 1,189 (24%) requests in 30 days or less. During the reporting period, 11% (571) of the request were completed within 31-60 days, 14% (683) were completed in 61-120 days and 51% (2,544) were completed in more than 121 days.

Chart 5: Completion time - Text version

Chart 5: Completion time

Year	0-30 days	31-60 days	61-120 days	over 121 days	Totals
2017-2018	890	516	650	911	2967
2018-2019	1101	633	522	1920	4176
2019-2020	1189	571	683	2544	4987

Extensions

The ATIA allows institutions to extend the statutory time limits to respond to a request beyond 30 days.

During the 2019-2020 reporting period, the RCMP sought a total of 101 extensions for 9(1)(a), which is for interference with operations. A total of 31 extensions were sought for 9(1)(b), which is for consultation. This is attributable to the significant increase in the number of requests processed with over 5,000 relevant pages. Some of these requests contained a large volume of records or were tasked during a division's a state of emergency (i.e. wild fires in British Columbia). Extensions were also required for complex requests, which would involve multiple consultation from various units and sometimes consultations would be required both internally and externally. Almost 40% of the extensions were for the 31 to 60 days period.

Chart 6: Extensions - Text version

Chart 6: Extensions

Length of extensions	< 30 days	31-60 days	61-120 days	121-180 days	181< days	365 days or more
Interference with ops 9(1)(a)	21%	39%	5%	32%	3%	1%
Consultations -9(1)(b)	19%	26%	39%	13%	3%	100%

Consultations for other institutions

During the reporting period, the RCMP completed 529 consultations, totaling 65,498 pages reviewed. Of the 529 completed consultations, 454 were received from other Government of Canada institutions and 75 were other organizations.

The number of consultations received and completed over the last three reporting periods has stayed relatively the same. However, the number of pages reviewed increased by 80% compared to the 2018-2019 reporting period and a 133% increase compared to the 2017-2018 fiscal year.

Chart 7: All consultations received and completed - Text version

Chart 7: All consultations received and completed

Fiscal year	Requests		Pages
	Received	Completed	Received	Completed
2017-2018	576	479	33,901	28,072
2018-2019	534	542	34,870	36,334
2019-2020	528	529	60,100	65,498

Reporting on access to information fees for the purposes of the Service Fees Act

Under the ATIA, the head of a government institution may charge a fee for those services. The fee is not to exceed the cost of providing the service. In accordance with the Interim Directive on the Administration of the Act, the RCMP waives all fees prescribed by the Act and Regulations, other than the $5 application fee set out in paragraph 7(1)(a) of the Regulations. Under the Act, the head of the institution may also waive the fee or a part of a fee or may refund a fee or a part of a fee paid.

The Service Fees Act requires that an institution report annually to Parliament on the fees it collected. Under the ATIA, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.

For the 2019-2020 reporting period, the RCMP collected a total revenue of $22,090 for 4,418 access requests and waived fee in the amount of $470 for 94 access requests.

The cost to operate the access to information segment of the RCMP's ATIP Branch is $3.4 million.

Training and awareness

Training is a priority for the RCMP's ATIP Branch. Employees are encouraged and supported to enroll in various courses as a means to gain knowledge and improve their skills.

For the 2019-2020 reporting year, units within the ATIP Branch held regular information sharing sessions where employees discussed and reviewed recent files with the goal of sharing best practices. An informal mentoring program was set-up during the 2019-2020 fiscal year. Senior analysts acted as mentors and provided guidance to junior analysts. This initiative forms part of the Branch's human resources strategy for succession planning and employee retention.

One employee in the Branch's Intake team coached and trained their peers, which has resulted in more stability for this unit. All new employees joining this team received this coaching. As well, other units within the Branch were trained to assist the Intake team during busy times.

Five preliminary training sessions on reviewing files were also provided to the members of the Intake team and junior analysts within the Branch. Two more advanced practical training sessions were provided following the initial sessions. Approximately 20 participants attended the sessions, which introduced concepts they would need while reviewing files. Following the practical training sessions, mentors continued to provide guidance and advice to the participants.

Two training sessions were provided to personnel within the RCMP's Resource and Conduct Adjudications Directorates. A total of 37 participants attended this training, which included: an introduction to the Access to Information and Privacy Acts, guidelines and commonly used exemptions within the RCMP; a review of common requests received for the Directorates; and, an overview of the ATIP Branch's role and responsibilities within the Directorates. The training also included practical discussions on different scenarios and how the legislation would affect the Directorates' responsibilities.

The Branch also provided training to six business lines within the RCMP's National Headquarters. This training included a review of the ATIP Branch's roles and responsibilities and an introduction to the Access to Information and Privacy Acts, legislation and guidelines. It also included an overview of Bill C-58 and the importance of meeting the legislative requirements for proactive disclosure. Similar training was also provided to LOs in Prince Edward Island and in Nova Scotia.

Personnel within the ATIP Branch also received additional training during Branch town halls. During the November 2019 town hall, employees were updated on Bill C-58. Topics during other town halls included updates on modified processes in file reviews and criminal records exemptions.

As part of the ATIP Branch's Management Response to the internal audit of 2018, the Branch in conjunction with the RCMP's Learning and Development unit has recently started developing an online ATIP introductory course to be delivered to all RCMP employees. This training is to provide RCMP employees across the country with knowledge of ATIP legislation and procedures so that they can more effectively comply with current legislation and RCMP policies.

Policies, guidelines, procedures and initiatives

The ATIP Branch continued to review its processes to improve operational effectiveness. During the reporting period of 2019-2020, the Branch accomplished the following:

• reviewed employee work arrangements and established new telework agreements to allow more flexibility for its ATIP personnel;
• updated the Intake team's standard operating procedures, which was part of the Branch's task of formalizing its internal processes;
• enhanced internal processes for facilitating the transfer of files within the RCMP
• developed guidelines to address its backlog, enabling processing efficiencies;
• purchased and installed new servers and higher capacity computer systems, allowing the Branch to gain efficiencies;
• established an internal working group of various stakeholders within the RCMP for the development of guidelines, standard operating procedures and awareness communiques to facilitate proactive disclosure requirements under Bill C-58;
• established and led the interdepartmental working group for the development of business continuity plans specifically for ATIP programs, which led to greater information sharing among the participating departments; and,
• initiated monthly conferences with the Office of Access to Information Commissioner, resulting in streamlined processes.

Summary of key issues and actions taken on complaints or audits

Complaints and investigations

During this reporting period, the RCMP continued to work collaboratively with the Office of the Information Commissioner (OIC) to streamline processes in addressing complaint files.

To enable the RCMP to respond more efficiently to complaints received through the Offices of the Information and Privacy Commissioners, a complaints team was created in November 2017. The team, which has grown from two members to seven and now includes some consultants, has been working persistently on responding to complaints.

Section 8 of the Statistical Report (Appendix B) also provides data on the complaints received and closed. Specifically for the 2019-2020 reporting period, the RCMP received and provided the following under the ATIA:

• For Section 32, received 384 notices, which represents almost 8% of all requests closed during the reporting period. The majority of the access to information complaints received relate to being late and in deemed refusal, which can be attributable to the RCMP having a backlog and receiving complex and/or voluminous requests. Under this section, the OIC formally notifies the institution of their intent to investigate a complaint received of a request.
• For Section 30(5), received five notices. Under this section, if the OIC refuses or ceases to investigate a complaint, it notifies the complainant, the institution and if applicable any third party and the Privacy Commissioner.
• For Section 35, provided five formal representations. Under this section, the OIC provides an opportunity to institutions to provide representation to an ongoing complaint investigation.
• For Section 37, received two 'report of findings' with recommendations from the Information Commissioner. Under this section, the OIC issues a findings report, which may include recommendations, for a well-founded complaint upon the conclusion of the investigation.

Court action

During this reporting period, one application pursuant to section 41 was submitted to the Federal Court and two applications were concluded.

ATIP program internal audit

An internal audit of the ATIP program was conducted by the RCMP's Audit and Evaluation unit. The audit examined the processes and controls, which were in place within the RCMP to support compliance with the Access to Information and Privacy Acts. The audit scope included activities carried out from April 1, 2016 to March 31, 2018. It concluded that a governance framework was in place to support the program but opportunities existed to enhance the processes and controls of the program.

The ATIP Branch continuously reviews its processes to improve the operational effectiveness and efficiency of the program. Specifically to address the internal audit, the Branch is developing and advancing key enhancements to the program and they will include reviewing and updating internal policies; reviewing business processes; developing online training and tools; and refining its human resources strategy and structure. These enhancements will be implemented in the next few years.

Monitoring compliance

The ATIP Branch monitors compliance through weekly statistical reports that include compliance rate, the number of on time and late files and complaints. Performance is also compared to previous fiscal years to identify trends. The Branch's Management team reviews the weekly reports to manage workload and to determine any upcoming issues where processes could be improved. The reports are provided to the Chief Strategic Policy and External Relations Officer and recently to the RCMP's Chief Administrative Officer.

The Branch is currently considering various reporting systems with dashboard capabilities. The new system will capture and provide pertinent data to assist the Branch with its tactical and strategic planning.

Appendix A - Delegation order

Appendix B – Statistical Report on the Access to Information Act

Section 1: Requests Under the Access to Information Act

Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.

Section 2: Decline to act on vexatious, made in bad faith or abuse of right request

Section 3: Requests closed during the reporting period

3.2 Exemptions

3.3 Exclusions

3.4 Format of information released

3.5 Complexity

3.6 Closed requests

3.7 Deemed refusals

Section 4: Extensions

Section 5: Fees

Section 6: Consultations Received From Other Institutions and Organizations

Section 7: Completion Time of Consultations on Cabinet Confidences

Section 8: Complaints and Investigations

Section 9: Court Action

Section 10: Resources related to the Access to Information Act

Note: Enter values to two decimal places.

Appendix C - Supplemental Statistical Report on the Access to Information Act – Requests affected by COVID-19 measures

The following table reports the total number of formal requests received during two periods; 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

The following table reports the total number of requests closed within the legislated timelines and the number of closed requests that were deemed refusals during two periods 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

The following table reports the total number of requests carried over during two periods; 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Date modified:

2020-11-13