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 94 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.
2. Application of the Access to Information Act
Institutional Organization of Activities
The Organization
The Military Police Complaints Commission of Canada (MPCC) is a
micro‑agency consisting of 29 planned full‑time equivalents
with an ongoing annual budget of $4.7M.
As Deputy Head,
the Chairperson is supported by the Senior General Counsel and Director General, the Senior Director of Corporate Services, the General Counsel and Senior Director of Operations, up to four part-time Governor in Council (GIC) appointed Commission Members, MPCC personnel and consultants.
The MPCC did not provide services related to access to information to other government institutions and was not party to any service agreements with other government institutions under section 96 of the Access to Information Act.
MPCC Access to Information and Privacy (ATIP) Program
The MPCC ATIP program provides services / products under the ATIA and Privacy Act (PA), 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.
MPCC Access to Information and Privacy Coordinator and Personnel
The ATIP Coordinator for the MPCC is the Senior Director of Corporate Services (SDCS) who is supported by
the Senior Planning & Administration Coordinator (SPAC). The MPCC also engages an ATIP consultant, as required. As such, ATIP requests are a shared responsibility between two delegated salaried employees,
an assistant who provides administrative support and the Offices of Primary Interest (i.e. Operations,
Registrar, Finance, the Records and Information Management Officer, etc.) who also perform ATIP duties in addition to their regular workload.
The main activities of the individual handling ATIP requests are the following:
Handles assigned cases,
analyzes purpose/history of request, interprets legislation and determines
information that may be disclosed, exempted and excluded;
Provides advice and
consultation to requesters and third party stakeholders and MPCC management and
employees, responds to questions and concerns and ensures that they have a
clear understanding of legislation and MPCC policies and procedures for
handling requests and other ATIP related issues, including document security
classification;
Conducts research and
consultations with other departments and third parties to prepare responses to
requesters;
Analyzes and provides recommendations
in the preparation of exhibits for disclosure during a Public Interest Hearing
in accordance with ATIP legislation, Open Court Principles and other related
policies and procedures; and
Prepares reports for MPCC management on ATIP requests, other ATIP related issues, including statistical
reports and the Annual Reports for submission to Parliament and Info Source.
During this review
period, the MPCC received seven (7) requests and closed ten (10) requests. Of the ten (10) requests that were closed, three (3) were carried-over from the previous year (2018‑19). Of the requests received during this review period, one was received from the public and six (6) were from businesses.
The MPCC responded to all ten (10) of the requests within the legislated 30‑day timeline.
As a small micro-organization, COVID‑19 related measures did not impact the MPCC's ability to fulfil its Access to Information Act responsibilities.
The MPCC received
and closed eight (8) consultations received from other government departments within a 30 day timeframe.
Exemptions Invoked
The MPCC invoked
exemptions pursuant to section 20(1) (third party information). The MPCC did not invoke any of the new exemptions pursuant to section 16.31 (Investigation under the Elections Act), section 16.6 (National Security and Intelligence Committee) and section 23.1 (Patent or Trademark privilege).
Multi-Year Trends
Due to the generally small numbers of requests, it is difficult to extrapolate trends. The number of requests received for 2016‑17 decreased slightly from 2015‑16 and reached their lowest level of the last five years in 2017‑18. The number of requests in 2018‑19 was back to 2016‑17 levels. In 2019‑20, the number of requests had again decreased to the 2017-18 level.
Alternate format
Number of requests received 2015-16 to 2019-20
2016-17
2017-18
2017-18
2018-19
2019-20
18
16
7
16
7
5. Training
In addition to completing two mandatory online courses, through the Canada School of Public Service, Access to Information and Privacy Fundamentals (I015) and Fundamentals of Information Management (I301), 100% of MPCC employees received an awareness session. The session provided general information related to the ATIA and roles and responsibilities of institutions and employees.
6. Institutional Policies and Procedures
During the reporting period, the MPCC accepted requests using the Government of Canada's ATIP Online Request Portal that provides a centralized point of access for the public for a faster, easier and more convenient way to submit access to information or privacy requests.
The MPCC continued to use a manual Tickler system (time limit reminder) to more efficiently respond to files within legislative deadlines and a weekly review of current files. Procedures for processing Access to Information were updated and provided to staff during ATIP training sessions.
Handling of Formal Requests
The MPCC has adopted the
following process to handle formal requests:
Receive and acknowledge receipt of the ATIA request;
Create a file and register the request including capturing and updating the
information in the Report on the ATIA;
Review the request and determine next steps;
Gather and review all documents including redacting the information if required;
Validate and approve the release of the information; and
Audits
7. Complaints, Audits and Investigations
No complaints were received by the Office of the Information Commissioner of Canada, no audits were conducted and no appeals concerning ATIA requests with the MPCC were filed in Federal Court during the reporting period.
8. Monitoring
All ATIP requests
are monitored by the SDCS/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.
On a quarterly basis, the SDCS/ATIP Coordinator submits the ATIP reports (i.e. ATI and PA Annual Reports and Statistical Reports, Info Source, Personal Information Bank etc.), to the Executive Committee as a standing agenda item. The Executive Committee consists of the Chairperson (Deputy Head),the Senior General Counsel and Director General, the SDCS/ATIP Coordinator and the General Counsel and Senior Director of Operations. The report is tabled, discussed and approved at these quarterly meetings.
APPENDIX A – Access to Information Act Delegation Order
Access to Information Act and Privacy Act Delegation Order
The Chairperson of the Military Police Complaints Commission of Canada, pursuant to Section 73 of the Access to Information Act and Section 73 of the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Chairperson as the head of Military Police Complaints Commission of Canada, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders.
Hilary McCormack
Chairperson
Military Police Complaints Commission of Canada
Signed in Ottawa, Ontario, Canada this 15th day of May, 2019
Access to Information Act
Provision
Description
Chairperson
Senior Director of Corporate Services
Senior Planning and Administration Coordinator
Administrative Services Officer
4(2.1)
Responsibility of head of institution
7(a)
Notice where access requested
7(b)
Giving access to the record
8(1)
Transfer of request
9
Extension of time limits
10(1)(a)(b)
Where access is refused
no
no
11(1), (3), (4), (5), (6)
Additional Fees
12(2)(b)
Language of Access
12(3)(b)
Access in an alternative format
Exemption Provisions of the Access to Information Act
Provision
Description
Chairperson
Senior Director of Corporate Services
Senior Planning and Administration Coordinator
Administrative Services Officer
13
Exemption – Information obtained in confidence
no
no
14
Exemption – Federal-provincial affairs
no
no
15
Exemption – International affairs and defence
no
no
16
Exemption – Law enforcement and investigations
no
no
16.5
Exemption – Public Servants Disclosure Protection Act
no
no
17
Exemption – Safety of individuals
no
no
18
Exemption – Economic interests of Canada
no
no
19
Exemption – Personal Information
no
no
20
Exemption – Third-party information
no
no
21
Exemption – Operations of Government
no
no
22
Exemption – Testing procedures, tests and audits
no
no
22.1
Exemption – Internal Audits
no
no
23
Exemption – Solicitor-client privilege
no
no
24
Exemption – Statutory prohibitions
no
no
Other Provisions of the Access to Information Act
Provision
Description
Chairperson
Senior Director of Corporate Services
Senior Planning and Administration Coordinator
Administrative Services Officer
25
Severability
26
Refusal of access where information to be published
27(1),(4)
Third party notification
28(1)(b), (2), (4)
Third party notification
29(1)
Notice of decision to disclose
33
Notice to Information Commissioner of notices to third parties
35(2)(b)
Right to make representations
no
no
37(1)(b)
Findings and recommendations of information Commissioner
37(4)
Access to be given to complainant
43(1)
Notice to third party of application to Federal Court for review
44(2)
Notice to requester of application for review by third party
52(2)
Special rules for hearings
no
no
52(3)
Ex parte representations
no
no
71(1)
Facilities for inspection of manuals
no
no
71(2)
Exempt information may be excluded
no
no
72
Annual report to Parliament
no
no
Access to Information Regulations
Provision
Description
Chairperson
Senior Director of Corporate Services
Senior Planning and Administration Coordinator>
Administrative Services Officer
6(1)
Transfer of request
no
no
7(2)
Search and preparation fees
no
no
7(3)
Production and programming fees
no
no
8
Method of access
8.1
Limitations in respect of format
no
no
Dated at the City of Ottawa this 15th day of May, 2019
Hilary McCormack
Chairperson
Military Police Complaints Commission of Canada
APPENDIX B – 2019‑20 Access to Information Act Statistical Report
Name of institution: MPCC
Reporting Period: 2019-04-01 to 2020-03-31
Section 1: Requests Under the Access to Information Act
1.1 Number of requests
Number of requests
Type of Requests
Number of Requests
Received during reporting
period
7
Outstanding from previous
reporting period
3
Total
10
Closed during reporting
period
10
Carried over to next
reporting period
0
1.2 Sources of requests
Sources of requests
Source
Number of Requests
Media
0
Academia
0
Business (private sector)
6
Organization
0
Public
1
Decline to Identify
0
Total
7
1.3 Informal requests
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.
Section 2: Decline to act on vexatious, made in bad faith or abuse of right requests
Decline to act on vexatious, made in bad faith or abuse of right requests
Type of 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 3: Requests Closed During the Reporting Period
3.1 Disposition and completion time
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
0
4
0
0
0
0
0
4
All exempted
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
No records exist
0
5
0
0
0
0
0
5
Request transferred
1
0
0
0
0
0
0
1
Request abandoned
0
0
0
0
0
0
0
0
Neither confirmed nor
denied
0
0
0
0
0
0
0
0
Decline to act with the approval of the Information Commisioner
3.5.2 Relevant pages processed and disclosed by size of requests
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
4
78
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
4
78
0
0
0
0
0
0
0
0
3.5.3 Other complexities
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
3.6 Closed requests
3.6.1 Number of requests closed within legislated timelines
Number of requests closed within legislated timelines
Requests
Requests closed within legislated timelines
Number of requests closed within legislated timelines
10
Percentage of requests closed within legislated timelines (%)
100
3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines
Principal Reason
Interference with Operations / Workload
External Consultation
Internal Consultation
Other
0
0
0
0
0
3.7.2 Requests closed beyond legislated timelines (including any extension taken)
Requests closed beyond legislated timelines
Number of Days Past Legislated Timelines
Number of Requests Past Legislated Timeline Where No Extension Was Taken
Number of Requests Past Legislated Timeline 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
3.8 Requests for translation
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 4: Extensions
4.1 Reasons for extensions and disposition of requests
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
4.2 Length of extensions
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
Section 5: Fees
Fees
Fee Type
Fee Collected
Fee Waived or Refunded
Requests
Amount
Requests
Amount
Application
7
$35
0
$0
Other fees
0
$0
0
$0
Total
7
$35
0
$0
Section 6: Consultations Received From Other Institutions and Organizations
6.1 Consultations received from other Government of Canada institutions and organizations
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
8
45
0
0
Outstanding from the previous
reporting period
0
0
0
0
Total
8
45
0
0
Closed during the reporting period
8
45
0
0
Carried over to next reporting period
0
0
0
0
6.2 Recommendations and completion
time for consultations received from other Government of Canada institutions
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
8
0
0
0
0
0
0
8
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
8
0
0
0
0
0
0
8
6.3 Recommendations and completion
time for consultations received from other organizations
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 7: Completion Time of Consultations on Cabinet Confidences
7.1 Requests with Legal Services
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
7.2 Requests with Privy Council Office
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 8: Complaints and Investigations
Complaints and Investigations
Section 32
Notice of intention to investigate
Subsection 30(5)
Ceased to investigate
Section 35
Formal representations
Section 37
Reports of finding received
Section 37
Reports of finding containing recommendations issued by the Information Commissioner
Section 37
Reports of finding containing orders issued by the Information Commissioner
0
0
0
0
0
0
Section 9: Court Action
9.1 Court actions on complaints received before June 21, 2019 and on-going
Court actions on complaints received before June 21, 2019 and on-going
Section 41
(before June 21, 2019)
Section 42
Section 44
0
0
0
9.2 Court actions on complaints received after June 21, 2019
Court actions on complaints received before June 21, 2019 and on-going
Complainant (1)
Institution (2)
Third Party (3)
Privacy Commissioner (4)
Total
0
0
0
0
0
Section 10: Resources Related to the Access to Information Act
10.1 Costs
Costs
Expenditures
Amount
Salaries
$4,337
Overtime
$0
Goods and Services
Professional services contracts - $2,182
Other - $0
$2,182
Total
$6,519
10.2 Human Resources
Human Resources
Resources
Person Years Dedicated to Access to Information Activities
Full-time employees
0.04
Part-time and casual employees
0.00
Regional staff
0.00
Consultants and agency personnel
0.01
Students
0.00
Total
0.05
Note: Enter values to two decimal places.
APPENDIX C – 2019‑20 Access to Information Act Supplemental Report on the Impact of COVID‑19 Measures
2019‑2020 Supplemental Statistical Report – Requests affected by COVID‑19 measures
In addition to completing the forms for the Statistical Reports on the ATIA and Privacy Act for 2019‑20, institutions are asked to complete this Supplemental Report to help identify the impact of COVID‑19 measures on institutional performance for 2019‑20 and going forward. The data requirements are set out in the tables below.
Supplemental Statistical Report on the Access to Information Act
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.
Table 1 – Requests Received
Reporting Period
Number of requests
Received from 2019‑04‑01 to 2020‑03‑13
7
Received from 2020‑03‑14 to 2020‑03‑31
0
Total
7
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.
Table 2 – Requests Closed
Reporting Period
Number of requests closed within the legislated timelines
Number of requests closed past the legislated timelines
Received from 2019‑04‑01 to 2020‑03‑13 and outstanding from previous
reporting periods
10
0
Received from 2020‑03‑14 to 2020‑03‑31
0
0
Total
10
0
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.
Table 3 – Requests Carried Over
Reporting Period
Number of requests
Requests received from 2019‑04-01 to 2020‑03‑13 and outstanding from previous reporting period that were carried over to the 2020‑2021 reporting period
0
Requests received from 2020‑03‑14 to 2020‑03‑31 that were carried over to the 2020‑2021 reporting period
