Annual Report to Parliament 2020-2021 on the Access to Information Act

Table of contents

• Introduction
• Organizational structure
  • RCMP
  • Access to Information and Privacy (ATIP) Branch
• Delegation Order
• Performance 2020-2021
  • 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 and awareness
• Policies, guidelines, procedures and initiatives
• Summary of key issues and actions taken on complaints or audits
  • Complaints and investigations
  • Court action
  • Office of the Information Commissioner Systemic Investigation on ATIP Program
• 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

Introduction

The Royal Canadian Mounted Police (RCMP) depends on an informed public in order to maintain the trust and confidence of Canadians. As such, compliance with the Access to Information Act (ATIA) and the Privacy Act (PA) is of critical importance to the RCMP not only in terms of our obligations under law, but our broader efforts as an organization. We take our responsibilities under these acts seriously, and will continue to strive to meet Canadians' expectations, while protecting the public and the integrity of the investigations we undertake on their behalf.

The purpose of the 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 2020-2021 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 ATIA.

This reporting period has been particularly challenging, with the COVID-19 pandemic significantly impacting the RCMP's ATIP operations. The pandemic further exasperated systemic challenges within the RCMP's access to information program, as highlighted by the 2020 systemic review by the Office of the Information Commissioner entitled Access at issue: The need for leadership.

The RCMP fully accepts the Information Commissioner's recommendations, and is committed to modernizing and transforming its Access to Information and Privacy (ATIP) program to better serve Canada and Canadians. The RCMP has developed a concrete strategy to guide this effort and fully modernize its ATIP program.

As these efforts advance, the RCMP will be posting detailed information on its website outlining the ATIP modernization strategy and key initiatives that are being undertaken. We encourage all Canadians to visit our website as it is updated to keep track of our progress.

Organizational structure

RCMP

For nearly 150 years, the RCMP has been Canada's national police service. As a federal, provincial, and municipal policing body, the RCMP is unique in the world. The RCMP 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 (ten provinces, three territories, National Division, Depot 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 and Comptrollership; Human Resources; Internal Audit and Evaluation; Legal Services; Professional Responsibility Sector; and, Strategic Policy and External Relations.

Access to Information and Privacy (ATIP) Branch

The RCMP established the ATIP Branch in 1983, as the central contact point for matters arising from both the ATIA and PA.

The ATIP Branch falls within the RCMP's Strategic Policy and External Relations Directorate. The Director of the ATIP 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 ATIA and PA, as well as all associated regulations and guidelines.

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

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. These dedicated professionals provide policy advice and expertise to the RCMP on access to information and privacy related issues, including supporting the drafting and development of Privacy Impact Assessments (PIAs). 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 the PA, the ATIA and related Treasury Board Secretariat (TBS) policies, directives and guidelines. In addition, the team reviews and creates internal policies that reflect TBS policies and directives as well as expectations of the Office of the Privacy Commissioner (OPC) in order to meet its obligations in relation to Info Source: Sources of Federal Government and Employee Information and PIAs within the RCMP.

Disclosure Team (Operations)

This team processes all formal requests under the ATIA and PA. 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 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 ATIP Branch works closely with LOs and record holders, known as Office of Primary Interest (OPI). Some responsibilities of the LOs and OPI include:

Liaison Officers (LOs)

LOs are responsible for forwarding all ATIP requests to the appropriate personnel (OPI) within their business lines or divisions. Other responsibilities include: tracking submissions to ensure responsive records are sent by OPI 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 (OPI)

As the record holders, some of the OPI's 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.

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 2020-2021

This section provides on overview of the RCMP's performance with respect to information requested under the ATIA for the 2020-2021 reporting year. The completed statistical report is found in Appendix B.

During 2020-2021, the RCMP's ATIP Branch led the overall coordination of Bill C-58 proactive publication requirements for the RCMP. The ATIP Branch worked with various internal units, which were responsible for producing briefing materials, to ensure that the RCMP met its legislative requirements.

The ATIP 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 satisfactory and timely manner.

Compliance

The ATIP Branch saw a slight increase in compliance for the number of closed requests within the legislated timeframes under the ATIA. In the 2020-2021 fiscal year, compliance increased to 26.4% from 24.9% in the 2019-2020 fiscal year. The increase is due in part to modifications in processes within the Branch resulting in efficiencies. The ATIP Branch also utilized contractors to fulfill requests in order to address legislative compliance. COVID-19 pandemic restrictions and technology limitations impeded the RCMP's ability to further increase its compliance.

Requests received and closed

As noted in the statistical report in Appendix B, the RCMP received a total of 5,314 new requests under the ATIA in 2020-2021. In addition, there were 3,887 requests outstanding from the previous reporting period for a total of 9,201 requests. Of these, 3,430 requests were completed and 5,771 carried over to the 2021-2022 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 moderate increase in the number of requests received compared to the previous reporting period. Conversely, the number of requests closed for this reporting period decreased by 31% compared to the previous fiscal year, and was 17% lower than the 2018-2019 fiscal year. This reduction can be directly linked to the measures taken in response to the COVID-19 pandemic, including the inability of staff to both attend worksite locations to process requests for an extended period of time and review records with security classifications above Protected "B" remotely.

Workload - Text version

Workload

Number of requests received	2018-2019	2019-2020	2020-2021
Received	4,436	4,512	5,314
Outstanding	3,428	3,688	3,887
Completed	4,176	4,987	3,430
Carried over	3,688	3,213	5,771

Sources of requests

During the 2020-2021 fiscal year, a total of 5,314 requests were received. The sources of these requests were as follows:

• 3,058 (58%) from the public
• 1,030 (19%) from business
• 551 (10%) from the media
• 179 (3%) from organizations
• 93 (2%) from academia
• 403 (8%) declined to identify

Sources of requests - Text version

Sources of requests

Source	Number of requests
Media	551
Academia	93
Business (private sector)	1,030
Organization	179
Public	3,058
Decline to identify	403
Total	5,314

Pages processed

The ATIP Branch's level of output for the number of pages processed under the ATIA during the 2020-2021 fiscal year decreased by 53% compared to the 2019-2020 fiscal year, and was 17% lower than the 2018-2019 fiscal year. This is attributable to adaptations required to shift to teleworking, technical limitations and retrieval challenges resulting from the COVID-19 pandemic.

Requests completed with pages processed - Text version

Requests completed with pages processed

	2018-2019	2019-2020	2020-2021
Number of requests completed	4,176	4,987	3,430

Number of requests with over 5,000 pages processed

Over the past three fiscal years, the RCMP has seen an overall influx in the number of requests processed with over 5,000 relevant pages disclosed. The current reporting period of 2020-2021, saw a decrease of 45% in the number of such requests compared to the 2019-2020 fiscal year, and an increase of 42% compared to the 2018-2019 fiscal year. The decrease in this current reporting period is due, in part, to the COVID-19 pandemic restrictions; however, it does still indicate an overall trend of increased requests. This represents an ongoing challenge for the RCMP's ATIP program to ensure it has the necessary personnel and technology required to keep pace with these trends.

Number of requests with over 5,000 pages processed - Text version

Number of requests processed with over 5,000 pages processed

Fiscal year	Number of requests	Total pages disclosed
2018-2019	12	102,296
2019-2020	31	184,622
2020-2021	17	41,541

Completion time

The ATIP Branch was able to complete a total of 876 (26%) requests in 30 days or less. During the reporting period, 9% (300) of the requests were completed within 31-60 days, 13% (455) were completed in 61-120 days and 52% (1,799) were completed in more than 120 days.

Completion rate of closed requests - Text version

Completion rate of closed requests

Fiscal year	0 to 30 days	31 to 60 days	61 to 120 days	over 120 days	Total
2018-2019	1,101	633	522	1,920	4,196
2019-2020	1,189	571	683	2,544	4,987
2020-2021	876	300	455	1,799	3,430

Extensions

Section 9 of the ATIA allows institutions to extend the statutory time limits to respond to a request beyond 30 days.

During the 2020-2021 reporting period, the RCMP sought a total of 47 extensions under section 9(1)(a), which pertains to unreasonable interference with operations. A total of 13 extensions under section 9(1)(b), which pertains to necessary consultations, were taken. Only two extensions under section 9(1)(c) were taken for third party consultation. The limited number of extensions is attributable to overall processing delays due to the COVID-19 pandemic, such as the inability of the ATIP Branch to process incoming hardcopy requests as well as obtaining, analyzing and processing responsive records. As some requests could not be reviewed in a timely manner, extensions that would have been requested under normal working conditions could not be sought. Extensions were also required for complex requests, which would involve multiple internal consultations from various units and were sometimes required with external partners. Slightly more than 33% of the extensions were for the 31 to 60 day period.

Length of extensions by exemption - Text version

Length of extensions by exemption

Type	0 to 30 days	31 to 60 days	61 to 120 days	121 - 180 days	More than 181 days
Interference with ops -9(1)(a)	17%	36%	23%	13%	11%
Consultations -9(1)(b)	15%	23%	54%	8%	0%
Third-Party Notice - 9(1)(c)	0%	100%	0%	0%	0%

Consultations for other institutions

During the reporting period, the RCMP completed 276 consultations, totaling 13,026 pages reviewed. Of the 276 completed consultations, 201 were received from other Government of Canada institutions and 75 were from other organizations.

The number of consultations received and completed this reporting period has decreased significantly due to COVID-19 pandemic restrictions and the inability for other Government of Canada institutions to process requests. The number of pages reviewed decreased by 80% compared to the 2019-2020 reporting period and decreased by 64% compared to the 2018-2019 fiscal year. The RCMP attributes this decrease to the impact of COVID-19 on the operations of partner departments and agencies, rather than a broader trend of reduced requests.

All consultations received and completed - Text version

All consultations received and completed

Fiscal year	Received	Completed
2018-2019	534	542
2019-2020	528	529
2020-2021	286	276

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 access to information services. The fee is not to exceed the cost of providing the service. In accordance with the Interim Directive on the Administration of the ATIA, 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 ATIA, 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 2020-2021 reporting period, the RCMP collected a total revenue of $23,870 for 4,774 access requests and waived fees in the amount of $2,430 for 486 access requests. This was largely the result of the inability to process hardcopy requests due to COVID-19 pandemic restrictions.

The cost to operate the access to information segment of the RCMP's ATIP Branch for 2020-2021 is $4.1 million.

Training and awareness

Training RCMP employees is a priority for the ATIP Branch. Employees are encouraged and supported to enroll in various courses as a means to gain knowledge and improve their skills. For the 2020-2021 reporting year, the ATIP Branch held regular information sharing sessions where employees discussed files and shared best practices, and informal briefings were held to advise ATIP staff of the implementation of new procedures to respond to the COVID-19 pandemic. As new technological tools were introduced to support remote collaboration during the pandemic, the RCMP was able to leverage them to provide a number of training sessions to employees. In-house training and orientation was also provided to new ATIP Intake personnel and virtual training was provided to ATIP LOs in several divisions and business lines across the country, including to the Canadian Criminal Real Time Identification Services, Protective Policing, H Division (Nova Scotia) and J Division (New Brunswick).

Throughout the reporting period, the ATIP Branch, in conjunction with the RCMP's Learning and Development unit continued to develop an ATIP introductory course. This training will provide RCMP employees with increased knowledge in order to more effectively comply with ATIP legislation and RCMP policies. As part of broader modernization efforts, the RCMP is examining how to expand this training delivery for all personnel, leveraging the new technological tools introduced as part of COVID-19. In fact, expanding training delivery forms a key part of the Branch's human resources strategy for ATIP modernization, succession planning and employee retention.

Policies, guidelines, procedures and initiatives

The ATIP Branch continued to review its processes to improve operational effectiveness. During the reporting period of 2020-2021, the ATIP Branch accomplished the following:

• reviewed employee work arrangements due to the COVID-19 pandemic restrictions and established new telework agreements as well as a reintegration protocol to allow more flexibility for its employees
• updated the Disclosure and Intake team's standard operating procedures, which was part of the ATIP Branch's efforts to formalize its internal processes
• enhanced internal processes for facilitating the transfer of files within the RCMP, including the creation of national shared drives
• modified guidelines to address its on-time and backlog files, enabling processing efficiencies
• provided new equipment to enable employees to telework efficiently during the COVID-19 pandemic restrictions, including securing cellular phones for ATIP employees
• established an internal working group comprised of various stakeholders within the RCMP to develop guidelines, standard operating procedures and awareness communiques to facilitate RCMP ATIP modernization
• continued to lead 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
• collaborated in monthly conferences with the Office of the Information Commissioner (OIC), resulting in streamlined processes
• created and filled a System Administrator position for data integrity and quality assurance
• rolled-out new technology including MS Teams and electronic data exchange with record holders and requesters to enhance service delivery

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 OIC to streamline processes in addressing complaint files.

Comprised of seven employees, including consultants, the ATIP Branch's complaints team, which is dedicated to responding to complaints, continued to enable the RCMP to respond more efficiently to complaints received through the Offices of the Information and Privacy Commissioners.

Section 8 of the Statistical Report Appendix B also provides data on the complaints received and closed. Specifically, for the 2020-2021 reporting period, the RCMP received and provided the following under the ATIA:

Section 32

The RCMP received 284 notices, which represents slightly more than 5% of all requests closed during the reporting period. The majority of the access to information complaints received relate to delays and in deemed refusal, which can be attributed to the ongoing RCMP backlog and to the complex and/or voluminous nature of requests. Under this section, the OIC formally notifies the institution of their intent to investigate a complaint received.

Section 30(5)

The RCMP received 22 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.

Section 35

The RCMP provided 27 formal representations. Under this section, the OIC provides an opportunity to institutions to provide representation to an ongoing complaint investigation.

Section 37

None received. Under this section, the OIC finds that the complaint is well founded and provides the institution the findings of their investigation, specific recommendations to remedy the issue, and when appropriate, a specific time frame that the OIC can expect a plan to implement the recommendations. The institution must then decide on whether to implement the recommendations.

Court action

During this reporting period, seven applications pursuant to section 41 of the ATIA were submitted to the Federal Court and two applications were concluded.

Office of the Information Commissioner Systemic Investigation on ATIP Program

An OIC systemic investigation was concluded in 2020, with the final report, Access at issue: The need for leadership, outlining 15 recommendations. The RCMP fully accepts the recommendations, and in line with the February 2020 direction issued by the Minister of Public Safety, has developed a robust modernization strategy and action plan that outlines how it will proceed to resolve all recommendations over the course of the next five years. A broad range of initiatives are already underway, including but not limited to: the review of processes and procedures with the assistance of a recognized business consultancy firm to improve the operational effectiveness and efficiency of the program; a fulsome review and update of ATIP Branch policies; the development of online training and tools; and the development of a modernized organizational structure and human resources strategy. As efforts continue to be rolled out, the RCMP's website will be updated to provide Canadians with a complete accounting of the strategy and initiatives underway to let Canadians track its progress and to ensure the RCMP is fully transparent in its efforts.

Monitoring compliance

The ATIP Branch monitors compliance through weekly statistical reports which include compliance rate, the number of files completed on time and those that are delayed as well as complaints. A System Administrator position was created along with a Performance Dashboard to further identify trends and assist the ATIP Branch in strategically developing efficiencies. 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 RCMP's Chief Strategic Policy and External Relations Officer and Chief Administrative Officer in an effort to improve accountability.

The ATIP Branch is currently working to bolster its data reporting function by onboarding new technology and processes. This new technology will enable the Branch to be more strategic and transparent, by automatically capturing pertinent data to assist the Branch with its planning and public reporting as well as to identify areas where efficiencies may be found.

Appendix A - Delegation Order

Access to Information Act and Privacy Act Delegation Order

The Minister of Public Safety and Emergency Preparedness, pursuant to section 73 of the Access to Information Act and of the Privacy Act, hereby designates the persons holding the position set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers and functions of the Minister as the head of a government institution, that is, the Royal Canadian Mounted Police, under the section of the Act set out in the Schedule opposite each position. This designation replaces and nullifies all such designations previously signed and dated by the Minister.

Signed, at the City of Ottawa, this 4 day of December, 2015

The Honourable Ralph Goodale, P.C., M.P.
Minister of Public Safety and Emergency Preparedness

Appendix B – Statistical Report on the Access to Information Act

Name of institution

Royal Canadian Mounted Police

Reporting period

April 1, 2020 to March 31, 2021

Section 1: Requests under the Access to Information Act

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

Section 3: Requests closed during the reporting period

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

Appendix C - Supplemental Statistical Report on the Access to Information Act

Statistical Report on the Access to Information Act

Section 1: Capacity to receive requests

Section 2: Capacity to process records

Date modified:

2021-12-22