Annual Report to Parliament 2022-2023 – Access to Information Act

Introduction

The National Research Council of Canada (NRC) is pleased to present to Parliament its annual report on the administration of the Access to Information Act (ATIA) for the 2022-2023 reporting period. This is done in accordance with section 94 of the ATIA, which requires the head of every government institution to submit an annual report to Parliament on the administration of the Act for their institution during the period beginning on April 1 of the preceding year and ending on March 31 of the current year.

The purpose of the ATIA is to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society and to enable public debate on the conduct of those institutions. In furtherance of that purpose, Part 1 of the Act extends the present laws of Canada to provide 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. Part 2 of the Act sets out requirements for the proactive publication of information.

This 39th annual report on the administration of the ATIA at the NRC provides an overview of the activities undertaken by the Council during the 2022-2023 reporting period.

Mandate of the National Research Council of Canada

The NRC supports industrial innovation, the advancement of knowledge, technology development, and public policy mandates. The NRC plays a unique role in Canada, undertaking large-scale mission-oriented research and development programs. With a presence in every province, the NRC combines its strong national foundation with international linkages to help Canada grow in productivity and remain globally competitive. The NRC works in collaboration with industry, governments, and academia to maximize Canada's overall research and development (R&D) investment.

I. Organizational structure and delegation of authority

From April 1, 2022, to March 31, 2023, the NRC's President delegated full authority for the application and administration of the ATIA to the Vice-President, Business and Professional Services, to the Chief Information Officer & Director General of Knowledge, Information and Technology Services, and to the Director, Library and Information Management Services. Partial authority was delegated to the Access to Information and Privacy (ATIP) Coordinator.

A copy of the signed Delegation Order is included as Annex A for this reporting period.

During this 2022-2023 reporting period, the NRC's ATIP Office was part of the Library and Information Management Services Directorate within the Knowledge, Information and Technology Services Branch.

The ATIP Office had 5 full-time positions: 1 ATIP Coordinator, 2 Senior ATIP Officers, 1 Junior ATIP Officer and 1 ATIP Clerk. During this reporting period, the NRC experienced challenges in staffing a full complement of ATIP Officers. As noted by other institutions subject to the Act, as well as by the Information Commissioner of Canada, a shortage of experienced ATIP personnel presents a challenge for staffing in both short- and long-term capacities.

The ATIP Office works closely with the NRC's Information Management team, the Industrial Research Assistance Program (NRC IRAP) ATIP Liaison Officer, Executive Advisors, the Communications Branch, and senior management across the organization.

The ATIP Office is responsible for the coordination and implementation of policies, guidelines, and procedures to ensure the organization's compliance with the ATIA. To this end, the Office provides the following services:

• promotes awareness of the ATIA within the organization
• processes and manages access to information requests and complaints
• manages the ATIP electronic case management system
• processes consultations received from other institutions
• provides professional advice and guidance to senior management and all departmental staff on the Act
• prepares the annual report to Parliament and the annual statistical report
• maintains the NRC's Info Source chapter
• reviews departmental documents (such as audit and evaluation reports prior to their proactive disclosure on the organization's website), Parliamentary Questions and Harassment Reports for access-related considerations
• develops internal procedures
• participates in forums for the ATIP community, such as the Treasury Board of Canada Secretariat (TBS) ATIP Community meetings and working groups

The NRC also offers facilities where members of the public may obtain and read information on the Council, including the inspection of manuals used by employees to administer or carry out programs or activities that affect the public. These facilities are located in Building M-55 of the NRC Montreal Road Campus, Ottawa, Ontario. Other arrangements can be offered if requested.

During the period covered by this report, the NRC was not party to any service agreements under section 96 of the ATIA.

II. Interpretation of statistical report

The complete statistical report on the administration of the ATIA by the NRC from April 1, 2022, to March 31, 2023, is included as Annex B. This section provides an interpretation of the statistics presented in that report.

During the 2022-2023 reporting period, the NRC received 63 new access to information requests. There were 42 requests outstanding from the previous period. Of the 105 requests processed during this period, 74 were completed, and 31 were carried over to the next reporting period.

The statistical figures, as reflected in the chart below, indicate the number of requests received and processed over the past 3 years. These figures do not include requests processed informally or other types of queries (e.g., requests transferred from the NRC call centre, from other branches, from NRC IRAP) that were also addressed by the ATIP Office.

Chart 1: Volume of access to information requests

Chart 1: Volume of access to information requests – Text version

Year	Received	Completed	Carried forward
2020-2021	84	57	37
2021-2022	79	74	42
2022-2023	63	74	31

Of the 74 requests completed within the reporting period 18% of records were "all disclosed" and 72% were "disclosed in part".

Of the 63 requests received, 19 were filed by the media, 1 by academia, 5 by businesses, 2 by organizations, 14 by members of the public and 22 by requestors who declined to identify.

Chart 2: Access to information requests received by source

Chart 2: Access to information requests received by source – Text version

Source	Percentage
Media	19%
Academia	1%
Business	5%
Organization	2%
Public	14%
Decline to identify	22%

As a result of the posted summaries of completed access to information requests, the NRC received additional informal requests for previously released information. The ATIP Office processed 139 informal requests (not subject to the ATIA) in this reporting period. This was an increase of 379%, as compared to 29 informal requests received in the 2021-2022 reporting period.

Chart 3: Volume of informal access to information requests

Chart 3: Volume of access to information requests – Text version

Year	Volume of informal access to information requests
2018-2019	42
2019-2020	26
2020-2021	22
2021-2022	29
2022-2023	139

In terms of topics, the subject matter of the 63 requests received during this reporting period related to various activities across the organization including:

• grants and contributions, primarily related to NRC IRAP;
• contracting, including call-ups and purchase orders;
• program research; and
• other (including management correspondence and other specific requests).

With regard to completion times, out of the 74 requests completed during this reporting period, 27 were completed within 30 days, 4 were completed within 31 to 60 days, 17 were completed between 61 and 120 days, 10 were completed in 121 to 180 days, 5 were completed between 181 and 365 days, and 11 were completed in excess of 365 days. All levels of the NRC worked diligently to ensure that statutory deadlines were met for all the requests received in 2022-2023 resulting in a 100% compliance with legislated timelines.

Chart 4: Timelines and extensions – completed requests

Chart 4: Timelines and extensions - completed requests – Text version

Days	Completed requests
1 to 30 Days	27
31 to 60 Days	4
61 to 120 Days	17
121 to 180 Days	10
181 to 365 Days	5
Over 365 Days	11

During the 2020-2021 and 2021-2022 reporting periods, the NRC played a key role in relation to the coronavirus pandemic by hosting the secretariat for the COVID-19 Vaccine Task Force (VTF). As a result, the volume of records and the complexity of the information needing to be reviewed significantly increased, which contributed to a delay in the processing of requests. The ATIP Office made considerable efforts in 2022-2023 to close backlog requests and succeeded in closing an additional 15 requests from the outstanding 33 backlog files at the beginning of the reporting period.

Section 9 of the ATIA allows institutions to extend the time limit for the processing of requests if:

1. the request is for a large number of records or necessitates a search through a large number of records and meeting the original time limit would unreasonably interfere with the operations of the government institution;
2. consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit; or,
3. as a result of the third party notice process carried out under section 27 of the Act.

The NRC invoked an extension in the case of 38 requests. The extensions involved records containing confidential information which necessitated consultations with other institutions, organizations and third parties; as well as in cases for which meeting the original time limit of 30 days would have unreasonably interfered with the operations of the NRC.

Sections 4.2 and 4.3 of the Statistical Report focus on the application of exemptions and exclusions under the ATIA. During this reporting period, the most commonly invoked exemptions by the NRC were as follows:

• Section 19 (Personal information)
• Section 20 (Third party information)
• Section 21 (Advice, etc.)

As a government agency, the NRC is asked by other Government of Canada institutions, as well as other organizations (such as universities and provincial governments) for its input regarding disclosure of information about or originating with the NRC. During this reporting year, the NRC received 52 consultation requests from other Government of Canada institutions, and 2 consultation requests from other organizations. This compares with 71 from other Government of Canada institutions and 1 from other organizations received in 2021-2022, as well as 55 from other Government of Canada institutions and 3 from other organizations received in 2020-2021. Providing timely responses to consultations represents a significant portion of the ATIP Office workload.

Chart 5: Consultation requests received by source

Chart 5: Consultation requests received by source – Text version

Year	Other Organizations	Other Government of Canada Institutions
2020-2021	3	55
2021-2022	1	71
2022-2023	2	52

The ATIP Office works closely with the offices of primary interest at the NRC to respond effectively to these requests.

With regard for the provisions of the ATIA, and within the framework of its responsibilities and general roles, the NRC's ATIP Office reviewed a total of 114 parliamentary questions received during this reporting period, compared to 110 reviewed in 2021-2022 and 145 reviewed in 2020-2021.

Chart 6: Parliamentary questions

Chart 6: Parliamentary questions – Text version

Year	Parliamentary questions
2020-2021	145
2021-2022	110
2022-2023	114

For the 2022-2023 reporting period, the NRC was asked to complete a supplemental report. This supplemental statistical report is included as Annex C.

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

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.

With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.

• Enabling authority: Access to Information Act
• Fee amount: $5 application fee
• Total revenue: $270
• In accordance with the Interim Directive on the Administration of the Access to Information Act, issued on May 5, 2016, and the changes to the Access to Information Act that came into force on June 21, 2019, the NRC 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.
• Fees waived: the application fee for 9 requests were waived during this reporting period.
• Cost of operating the program: $305,396

IV. Access to information-related training and education

To increase the knowledge and understanding of the ATIA across the NRC, training and awareness sessions are delivered to NRC employees. These sessions provide basic information on the purpose and provisions of the ATIA, roles and responsibilities, as well as general best practices for information management. All training sessions include information on the identification and management of personal information and the Privacy Act. During this reporting period, the ATIP Office delivered 11 training sessions to a total of 723 employees located in the National Capital Region and in regional offices. This increase in training compared to previous years contributed to the NRC achieving a 100% compliance rate.

In support of ATIP activity across the Council, tools and guidance are updated regularly and are made available on the NRC's external and internal websites.

The ATIP Office continually works to sensitize and educate employees, third parties, and requesters on the requirements of the ATIA through ongoing dialogue and bilateral discussions. During the reporting period, the ATIP Coordinator and Officers responded to numerous enquiries from colleagues (e.g., NRC IRAP, management, etc.), providing advice and guidance on various access-related matters.

Throughout this reporting period, the ATIP Coordinator and Officers attended ATIP community meetings and various training sessions offered by the TBS.

V. Procedures, guidelines and directives

The NRC did not implement any new or revised access to information policies, guidelines or procedures during the reporting period.

VI. Complaints, investigations and audits

Three complaints against the NRC were filed with the Office of the Information Commissioner (OIC) during the period covered by this report. These complaints were in relation to extensions sought and/or exemptions invoked by the NRC. In support of the OIC's investigative process, the ATIP Office transferred all necessary records for their review. At the end of the reporting period, 1 complaint was unresolved.

There were no court cases and no audits of the NRC under the ATIA during this reporting period.

VII. Monitoring of access to information requests

In keeping with TBS policies and directives, the ATIP Office has established internal ATIP procedures and business practices to ensure the efficient and timely processing of access to information requests, while making every effort to assist applicants in the most expeditious manner without regard for their identity.

The ATIP Office uses a case management system that tracks both active and closed requests. This system is designed to follow the legislative deadlines.

The ATIP Office holds weekly meetings to discuss request-related activities, determine timelines, and ensure that all team members are informed of the status of files. Weekly meetings also take place with the Director, Library and Information Management Services.

A report of active ATIP files (which maintains the privacy of the requesters' identities) is shared with the NRC senior management team every week and a more detailed report is provided to delegated authorities. A weekly report is also shared with the Minister of Innovation, Science and Economic Development Canada.

Annex A: Delegation order

Access to Information and Privacy Act Delegation Order

The President of the National Research Council of Canada (NRC), pursuant to section 95 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 President as the head of the NRC, under the sections of the Acts and related regulations set out in the schedule opposite each position. This designation replaces all previous designation orders.

Dated at the City of Ottawa 
4 May 2021

Iain Stewart 
President of the National Research Council of Canada

Annex B: Statistical report

Statistical Report on the Access to Information Act

Name of institution: National Research Council Canada

Reporting period: April 1, 2022 to March 31, 2023

Section 1 – Requests under the Access to Information Act

Section 2 – Informal requests

Section 3 – Applications to the Information Commissioner on declining to act on requests

Section 4 – Requests closed during the reporting period

4.5 Complexity

4.6 Closed requests

4.6.1 Requests closed within legislative timelines

Number of requests closed within legislative timelines: 60

Percentage of requests closed within legislative timelines: 81.08108108%

4.7 Deemed refusals

Section 5 – Extensions

Section 6 – Fees

Section 7 – Consultations received from other institutions and organizations

Section 8 – Completion time of consultations on cabinet confidences

Section 9 – Investigations and reports of finding

Section 10 – Court action

10.2 Court action on third party notifications under paragraph 28(1)(b)

Section 44 – under paragraph 28(1)(b): 0

Section 11 – Resources related to the Access to Information Act

Annex C: 2022-2023 Supplemental statistical report

Supplemental statistical report on the Access to Information Act and the Privacy Act

Name of institution: National Research Council Canada

Reporting period: April 1, 2022 to March 31, 2023

Section 1: Capacity to receive requests under the Access to Information Act and the Privacy Act

Enter the number of weeks your institution was able to receive ATIP request through the different channels.

Section 2: Capacity to process records under the Access to Information Act and the Privacy Act

Section 3: Open request and complaints under the Access to Information Act

Section 4: Open request and complaints under the Privacy Act

Section 5: Social insurance number (SIN)

Has your institution begun a new collection or a new consistent use of the SIN in 2022-2023? No

Section 6: Universal Access under the Privacy Act

How many requests were received from confirmed foreign nationals outside of Canada in 2022-2023? 0