2014-2015 Annual Report on the Access to Information Act

Table of Contents

INTRODUCTION

Purpose of the Access to Information Act

The Access to Information Act (ATIA) provides a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government .

The ATIA is intended to complement and not replace existing procedures for access to government information and is not intended to limit in any way access to the type of government information that is normally available to the general public.

The Annual Report to Parliament on the ATIA is prepared and tabled in Parliament in accordance with section 72 of the ATIA.

Military Police Complaints Commission of Canada

The Mandate

The Military Police Complaints Commission of Canada (MPCC) provides independent civilian oversight of the Canadian Armed Forces (CAF) Military Police (MP) and carries out its quasi-judicial functions pursuant to the powers conferred under Part IV of the National Defence Act.

The MPCC reviews and investigates complaints concerning MP conduct and investigates allegations of interference in MP investigations. It reports its findings and makes recommendations directly to the MP and national defence leadership.

The Mission

The mission of the MPCC is to promote and ensure the highest standards of conduct of MP in the performance of policing duties, and to discourage interference in any MP investigation.

The Organization

The MPCC is a micro-agency consisting of 30 planned full-time equivalents with a reference level of $4.7M.

As Deputy Head, the Chairperson is supported by the General Counsel and the Chief of Staff (CoS), four part-time Governor-in-Council appointed Commission Members, civilian staff and consultants. Due to the small size of the MPCC, it contracts subject matter experts to assist with the delivery of services (e.g. investigators, lawyers, information technology specialists, technical writers, consultants), to meet the MPCC’s mandate and operational requirements.

MPCC Access to Information and Privacy (ATIP) Program

Prior to December 2013, the MPCC ATIP Program consisted of the internal staff overseeing the hiring and supervision of ATIP consultants. These consultants were assigned to ATIP request files on an “as required basis” to oversee the gathering and vetting of documents as part of the normal ATIP services.

In December 2013, the MPCC received an increase in its reference level following a program integrity review, and with it, approved the creation of additional positions to mitigate the risks. As part of this review, risks were identified in terms of the lengthy bid solicitation processes to identify and hire consultants; availability of consultants; no in-house expertise thereby, relying on external consultants; lack of quality control and review mechanisms to ensure the quality and accuracy of the Access to Information (ATI) requests; ATI proactive disclosures on the MPCC website; ATI Annual Reports; Annual Statistical Reports to Parliament and Treasury Board of Canada Secretariat; the pressures placed on existing non-ATI personnel / internal staff to meet strict legislative deadlines and increased number of complaints and investigations. As a result, an ATIP Officer position and another position to conduct quality assurance reviews were created to mitigate this risk.

In January 2015, the MPCC staffed the ATIP officer position. In addition to processing ATI requests, the ATIP officer also re-vamped the ATIP program such as updating policies, guidelines and reports.

To conclude, the MPCC ATIP program provides services / products under the Access to Information Act and Access to Information Act, but also provides services / products during the phases of large public interest hearings (PIH) and investigations. Furthermore, the MPCC has developed an Access to Information Framework - Plans and Strategies encompassing documented processes and management accountability to strengthen the integrity of the ATIP program.

APPLICATION OF THE ACCESS TO INFORMATION ACT

Institutional Organization of Activities

MPCC Personnel

The CoS is the MPCC ATIP Coordinator supported by the Senior Planning & Administrative Officer (SPAO) and the Access to Information and Privacy (ATIP) Officer. As such, ATIP requests are a shared responsibility between three delegated salaried employees, as well as the responsibility of the Offices of Primary Interest (i.e. Operations, Registrar, Finance, the Records and Information Management Officer, etc.). Each area performs these duties in addition to their regular workload.

Professional Services

During this reporting period, the MPCC initiated bid solicitations for ATIP consultants by means of the PWGSC Temporary Help Services Supply Arrangement. The bid solicitation was successful although, very little expenditures were incurred. The ATIP requests and/or consultations were managed internally by the SPAO.

Reporting

The SPAO and the ATIP Officer are responsible for updating and submitting monthly ATIA status reports to the CoS for review and to the Executive Committee for tabling.

Proactive Disclosure

In addition, they are responsible for meeting the central agency requirements for the posting of the completed ATIA requests on the MPCC website on a monthly basis.

Delegation

Pursuant to section 73 of the ATIA, the Chairperson appointed the CoS, the SPAO and the Administrative Services Officer the duty to exercise and perform the powers, duties and functions under the ATIA and Regulations. (Appendix A - Access to Information Act Delegation Order)

Access to Information Act Statistics

During this review period, the MPCC received ten (10) ATIA requests and closed six (6) ATIA requests. Of these requests, seven (7) were received from the private sector and three (3) were from the public.  The MPCC received and closed six (6) consultations received from other government departments.

Four (4) ATIA requests, received in late March 2015, were carried forward to the next reporting period.

There were no extensions granted, as the MPCC successfully met the 30-day response time limit for all requests.

For additional information, please refer to Appendix B.

Training

ATIP training is required for those delegated under the ATIA. The CoS, the SPAO and the ATIP Officer received ATIP training through the Canada School of Public Service. They also attend regular ATIP Community and other related meetings including receiving ATIP updates from central agencies.

In-house training, advice and coaching is provided to MPCC personnel on ATIP throughout the year such as during the Operations Workshop (1 workshop with 20 personnel). Training also includes aspects related specifically to investigations, solicitor-client privilege, relevancy, open court principles, etc.

Institutional Policies and Procedures

Annually, the CoS reviews and updates the MPCC Access to Information Framework – Plans and Strategies and business processes. The MPCC ensures it complies with new Treasury Board of Canada Secretariat policies and directives, as a result of issues raised by the Office of the Information Commissioner, other Agents of Parliament (e.g. Auditor General, Comptroller General, etc.) or for other reasons (i.e. management reviews, evaluations, audits, etc.).

Handling of Formal Requests

The MPCC has adopted the following process to handle formal requests:

  1. Receive and acknowledge receipt of the ATI request;
  2. Create a file and register the request including capturing and updating the information in the Report on the ATIA;
  3. Review the request and determine next steps;
  4. Gather and review all documents including redacting the information if required; and
  5. Validate and approve the release of the information.

Audits

No audit was conducted during the reporting period.

Complaints and Investigations

During the period covered by this report, one complaint was filed with the Information Commissioner regarding exemption of information under the Access to Information Act.  The Information Commissioner concluded that the complaint was well-founded and provided recommendations. The complaint was subsequently resolved.

Monitoring

All ATIP requests are monitored by the CoS / ATIP Coordinator throughout the year and information such as the statistics and time to process ATI requests are captured in an ATIP report. This monitoring occurs from the receipt to the closure of all ATIP requests.

Monthly, the CoS / ATIP Coordinator submit the ATIP reports including all other ATIP activities (i.e. ATI Annual Report, Access to Information Act Annual Report, ATI Statistical Report, Access to Information Act Statistical Report, Info Source, Personal Information Bank etc.), to the Executive Committee as a standing agenda item. This Committee consists of the Chairperson (Deputy Head), CoS / ATIP Coordinator and the General Counsel. During the agenda item, the ATIP Officer is present and the report is discussed, approved and tabled at the Executive Committee.

Appeals to the Federal Court

No appeal concerning ATIA requests with the MPCC were filed in Federal Court during this reporting period.

APPENDIX A - Access to Information Act Delegation Order

BY THIS ORDER made purduant to section 73 of the Access to Information Act, I hereby designate the persons holding the positions of Chief of Staff, of Senior Planning and Administration Officer, and of Administrative Services Officer to exercise or perform the powers, duties and functions of the head of a government institution under the Act, as specified in the attachment, insofar as they may be exercised or performed in relation to the Military Police Complaints Commission, effective from April 1, 2010.

Glenn Stannard
Chairperson
Military Police Complaints Commission

*73. The head of a government institution may, by order, designate one or more officers or employees of that institution to exercise or perform any of the powers, duties or functions of the head of the institution under this Act that are specified in the order.

Access to Information Act Delegation Order
ATTACHMENT
Description of Authority ATIA Section Chairperson* Chief of Staff* Senior Planning and
Administrative
Officer
Administrative services
officer
ACCESS TO INFORMATION ACT
ACCESS
Notify where access granted/refused 7(a) & (b) F F F F
Transfer request 8(1) F F F F
Extend time limits 9(1) F F F F
Notify Information Commissioner of extension of time limits 9(2) F F F F
Notify where access refused 10(1)(a) & (b) F F F F
Require reproduction fees 11(1) F F F F
Require reproduction fees 11(2) F F F F
Require fee for machine readable records   F F F F
Require deposit 11(4) F F F F
Notify of fee payment requirement 11(5) F F F F
Waive or refund of fees 11(6) F F F F
Obtain/Provide translation or not 12(2) F F F F
Obtain/Provide alternative format or not 12(3) F F F F
EXEMPTIONS
Refuse access - Confidential information 13(1 )(a) to (e) F F F F
Disclose confidential information 13(2)(a) & (b) F F F F
Refuse access - Federal-provincial affairs 14(a) & (b) F F N N
Refuse access - International affairs and defence 15(1)(a) to (i) F F N N
Refuse access - Law enforcement and investigations 16(1 )(a) to (d) F F F F
Refuse access - Security Information 16(2)(a) to (c) F F F F
Refuse access - Personal Information received from RCMP acting as a provincial or municipal entity 16(3) F F N N
Refuse access - Safety of Individuals 17 F F N N
Refuse access - Economic interests of Canada 18(a) to (d)(vi) F F N N
Refuse access - Another individual s personal information 19(1) F F F F
Disclose personal information 19(2)(a) to (c) F F F F
Refuse access - Third party information 20(1)(a) to (d) F F F F
Disclose testing methods 20(3) F F F F
Disclose third party information on consent 20(5) F F F F
Disclose in public interest 20(6) F F F F
Refuse access - Advice, plans, etc. 21(1)(a) to (d) F F F F
Refuse access - Tests for audits 22 F F F F
Refuse access - draft report 22 1(1) F F F F
Disclose draft report 22.1(2) F F F F
Refuse access- Solicitor-client privilege 23 F F F F
Refuse access - Restricted information 24(1) F F F F
Disclose severed information 25 F F F F
Refuse access - Published information 26 F F F F
THIRD PARTIES
Notify third parties 27(1 )(a) to (c) F F F F
Extend time for notice 27(4) F F F F
Notify third party regarding disclosure 28(1 )(b) F F F F
Waive written representation from third party 28(2) F F F F
Disclose after notice to third party 28(4) F F F F
Disclose on Information Commissioner's recommendation 29(1)(a) & (b) F F F F
COMPLAINTS
Advise Information Commissioner of third party notice 33 F F F F
Make representation to Information Commissioner 35(2)(b) F F F F
Respond to Information Commissioner's request to disclose information previously exempted 37(1)(b) F F F F
Give access to complainant 37(4) F F F F
Notify third party of Court action 43(1) F F F F
Notify applicant of Court action 44(2) F F F F
Request Court hearing be in National Capital Region 52(2) F F F F
Make Ex Parte representations to Court 52(3) F F F F
EXCLUSIONS
Refuse access - Excluded information 68 & 69 F F F F
OTHER
Provide facilities to review manuals 71(1) F F F F
Refuse access - Information severed from manuals based on exemptions/exclusions 71(2) F F F F
Prepare annual report to Parliament 72(1) F F F F
Delegate authority by Head of Institution 73 F N/A N/A N/A
ACCESS TO INFORMATION REGULATIONS
Require access by examination 8(1) F F F F
Provide for examination in person instead of copy 8(1.1) F F F F
Provide copy of record 8(2) F F F F

*F   = Full Authority

*N   = No Authority. To be obtained from the next level up.

APPENDIX B - 2014-15 Statistical Report on the Access to Information Act

Name of institution: Military Police Comaplaints Commission of Canada

Reporting period: 2014-04-01 to 2015-03-31

Part 1 - Requests Under the Access to Information Act

1.1 Number of requests
  Number of Requests
Received during reporting period 10
Outstanding from previous reporting period 0
Total 10
Closed during reporting period 6
Carried over to next reporting period 4
1.2 Sources of requests
Source Number of Requests
Media 0
Academia 0
Business (Private Sector) 7
Organization 0
Public 3
Decline to Identify 0
Total 10
1.3 Informal 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
0 0 0 0 0 0 0 0

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

Part 2 - Requests Closed During the Reporting Period

2.1 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 0 0 0 0 0 0 0
Disclosed in part 1 1 0 0 0 0 0 2
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 4 0 0 0 0 0 0 4
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 0 0 0 0 0 0 0
Total 5 1 0 0 0 0 0 6
2.2 Exemptions
Section Number of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 0
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) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0
16(2) 0
16(2)(a) 0
16(2)(b) 0
16(2)(c) 0
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
16.4(1)(a) 0
16.4(1)(b) 0
16.5 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) 11
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) 0
21(1)(b) 0
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 0
24(1) 0
26 0
2.3 Exclustions
Section Number of Requests
68(a) 0
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
2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 0 0 0
Disclosed in part 2 0 0
Total 2 0 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Disposition of requests Number of Pages Processed Number of Pages Disclosed Number of Requests
All disclosed 0 0 0
Disclosed in part 96 96 2
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
Neither confirmed nor denied 0 0 0
2.5.2 Relevant pages processed and disclosed 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 0 0 0 0 0 0 0 0 0 0
Disclosed in part 2 96 0 0 0 0 0 0 0 0
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 0 0 0 0 0 0 0 0 0 0
Total 2 96 0 0 0 0 0 0 0 0
2.5.3 Other complexities
Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 0 0 0 0 0

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed
Past the Statutory Deadline
Principal Reason
Workload External Consultation Internal Consultation Other
0 0 0 0 0
2.6.2 Number of days past deadline
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 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 0 0
2.7 Requests for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Part 3 - Extensions

3.1 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 0 0
Disclosed in part 0 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 0 0 0 0
3.2 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 0 0 0 0
31 to 60 days 0 0 0 0
61 to 120 days 0 0 0 0
121 to 180 days 0 0 0 0
181 to 365 days 0 0 0 0
365 days or more 0 0 0 0
Total 0 0 0 0

Part 4 - Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of Requests Amount Number of Requests Amount
Application 10 $55 0 $0
Search 0 $0 0 $0
Production 0 $0 0 $0
Programming 0 $0 0 $0
Preparation 0 $0 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 0 $0
Total 10 $55 0 $0

Part 5 - Consultations Received From Other Institutions and Organizations

5.1 Consultations received from other Government of Canada institutions and organizations
Consultations Other Government of Canad Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during reporting period 6 73 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 6 73 0 0
Closed during the reporting period 6 73 0 0
Pending at the end of the reporting period 0 0 0 0
5.2 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 6 0 0 0 0 0 0 6
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 6 0 0 0 0 0 0 6
5.3 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

Part 6 - Completion Time of Consultations on Cabinet Confidences

6.1 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
6.2 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

Part 7 - Complaints and Investigations

Section 32 Section 35 Section 37 Total
0 0 0 0

Part 8 - Court Action

Section 41 Section 42 Section 44 Total
0 0 0 0

Part 9 - Resources Related to the Access to Information Act

9.1 Costs
Expenditures Amount
Salaries $17,603
Overtime $0
Goods and Services $215
Professional services contracts $215
Other $0
Total $17,818
9.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.80
Part-time and casual employees 0.05
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 0.85

Note: Enter values to two decimal places.

PREVIOUSLY RELEASED ATI PACKAGE RELEASED INFORMALLY

Institution Number of informal releases of previously released ATI packages
Military Police Complaints Commission of Canada Nil
Date modified: