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Annual Report on the Access to Information Act 2019–20

Table of contents

General

The Canadian Nuclear Safety Commission (CNSC) regulates the use of nuclear energy and materials to protect health, safety, security and the environment; to implement Canada’s international commitments on the peaceful use of nuclear energy; and to disseminate objective scientific, technical and regulatory information to the public.

The CNSC’s mandate, derived from the Nuclear Safety and Control Act, involves four major areas:

  • regulation of the development, production and use of nuclear energy in Canada to protect health, safety and the environment
  • regulation of the production, possession, use and transport of nuclear substances, and the production, possession and use of prescribed equipment and prescribed information
  • implementation of measures respecting international control of the development, production, transport and use of nuclear energy and substances, including measures respecting the nonproliferation of nuclear weapons and nuclear explosive devices
  • dissemination of scientific, technical and regulatory information concerning the CNSC’s activities, and the effects on the environment and the health and safety of persons, of the development, production, possession, transport and use of nuclear substances

The CNSC also provides advice with respect to the implementation of the Nuclear Liability and Compensation Act, works in partnership with the Impact Assessment Agency to conduct impact assessments for nuclear projects subject to the Impact Assessment Act, 2019, and implements Canada’s bilateral agreement with the International Atomic Energy Agency on nuclear safeguards verification.

Purpose

The purpose of the Access to Information Act (AIA) is to extend the 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 stating 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.

Tabling of the annual report

This annual report is prepared and tabled in Parliament in accordance with section 94 of the AIA.

1. Statistical report

I. Requests received under the Access to Information Act

In 2019–20, the CNSC received 168 requests under the AIA(80 fewer requests than in the previous reporting period; see table titled Workload).

The CNSC also processed 46 informal requests during the reporting period. Six of these were internal requests for a review before documents were released informally on the CNSC website or by other means.

The other 40 were informal requests for previously released AIA packages identified on the “Proactive disclosure” page of the CNSC website.

For requests closed during the reporting period, the CNSC processed 32,642 pages and disclosed 18,902 pages to requesters. This represents a 63% decrease from the 88,473 pages processed in fiscal year 2018– 19.

Other federal government agencies and departments responsible for records related to CNSC activities also consulted with the CNSC on 28 occasions. The CNSC processed 390 pages for these consultations.

From March 16 to March 31, 2020, the CNSC was in the process of equipping many of its employees to work remotely, as a result of the pandemic. COVID-19 therefore had some impact on timelines related to responsibilities under the Access to Information Act. Although most CNSC staff were not equipped to work remotely before COVID-19, ATIP Office staff had already been set up to telework effectively.

Workload
  2015-16 2016-17 2017-18 2018-19 2019-20
Received 157 287 289 248 168
Closed 171 283 267 261 146
Outstanding 24 10 14 36 23
Carried Forward 10 14 36 23 45

II. Source of requests

The organizations continue to submit an increasing number of requests to the CNSC (see table titled Source of Requests Received). In 2019–20, requests were made most frequently by organizations (53%), followed by businesses (16%), members of the public (11%), media (10%), and academia (10%). There were no requesters who declined to identify themselves.

Source of requests received
  2015-16 2016-17 2017-18 2018-19 2019-20
Public 16 13 24 16 19
Organization 115 237 245 200 90
Business 13 18 13 23 27
Academia 6 5 0 1 16
Media 7 14 7 4 16
Decline to Identify 0 0 0 4 0

III. Disposition of closed requests

In 2019–20, the CNSC closed 146 requests. This represents a decrease from the 261 requests closed in 2018–19. Of the 146 requests closed during the reporting period, records for 15 were disclosed fully, and records for 41 were disclosed in part (see table titled Disposition of Closed Requests). There were only 4 requests for which relevant records were exempted in their entirety. The remaining 86 requests were abandoned by the requester or had no records associated with them.

Disposition of closed requests
Closed requests
All disclosed 15
Disclosed in part 41
All exempted 4
All excluded 0
No records exist 77
Transferred 0
Abandoned 9
Treated informally 46

IV. Exemptions or exclusions invoked

Most of the exemptions invoked by the CNSC in 2019–20 came under three sections of the AIA: subsection 19(1), which protects personal information; paragraphs 20(1)(a), (b), (c) and (d), which protect confidential information supplied by a third party; and paragraphs 21(1)(a), (b), (c) and (d), which protect advice, recommendations and the deliberation process of public servants.

V. Completion time

VI. Extensions

Section 9 of the AIA permits an extension of statutory time limits under certain circumstances. In 2019–20, the CNSC requested extensions on 39 occasions. In 20 of these cases, an extension was required for consultation within a government institution, other government institutions or other levels of government. In 10 of these cases, an extension was required to provide third-party notifications. A further nine extensions were needed since searches through large volumes of records made it impossible to meet the original timelines without interfering with CNSC operations. Most of the extensions were for 31 to 120 days.

VII. Costs

During 2019–20, the CNSC’s Access to Information and Privacy (ATIP) Office incurred $268,547 in salary costs and $4,881 in goods and services costs to administer the AIA.

See annex A for further statistical information.

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 AIA, the following information is reported in accordance with the requirements of section 20 of the Service Fees Act:

2. Practices and procedures

At the CNSC, the IT Operations and Service Delivery Division (ITOSDD), within the Information Management and Technology Directorate (IMTD), administers the AIA.

Access-to-information requests are received by the Records Office and forwarded to the ATIP Office within ITOSDD. The CNSC also receives requests through the ATIP online request portal available through the Treasury Board Secretariat website. ATIP Office staff process the requests in consultation with the appropriate CNSC directorates and with external parties, where necessary.

The CNSC has three full-time employees dedicated to access-to-information activities.

During 2019–20, the CNSC continued to concentrate on providing training to its employees on information management, the AIA, the Privacy Act and information security. This involved formal training over several sessions, including a directorate all-staff meeting of approximately 61 people, divisional sessions delivered to 33 people, and an inspection fundamentals program delivered to 23 people. There were also informal one-on-one awareness sessions.

All training and awareness sessions, both formal and informal, focused on informing employees of their responsibilities under the legislation. ITOSDD offers an integrated training approach, emphasizing the connections between sound information management practices and an effective ATIP program. The ATIP Office also provides advice and support as required.

Documentation and training materials on the CNSC’s ATIP program are available through the corporate intranet, along with links to other materials, such as legislation, Treasury Board Secretariat policies and guidance documents, and a range of information management and guidance tools. The CNSC did not implement any new policies, guidelines or procedures during the reporting period.

As an organization that values openness and transparency, the CNSC strives to ensure that information is made publicly available without recourse to the AIA. Exceptions to public access to information are limited and specific, as required by the AIA.

The CNSC frequently makes copies of the following documents available to members of the public for their examination:

The CNSC also posts, via the Open Government portal, summaries of completed access-to-information requests processed by the ATIP Office.

3. Delegation of authority

The Governor in Council has delegated to the President of the CNSC the authority to exercise the powers, duties and functions in the AIA. In turn, the President has designated the Vice-President of the Corporate Services Branch, the Director General of the Information Management and Technology Directorate, the IT Operations and Service Delivery Division, and the Senior ATIP Advisor to exercise her powers, duties and functions with respect to the AIA.

See annex B for a copy of the instrument of delegation.

4. Compliance

For 2019–20, the CNSC achieved a compliance rating of approximately 89% for completed accesstoinformation requests closed within the legislated time frame. Many factors led to this rate of compliance, including an electronic retrieval system in use since 2009. This electronic system has reduced the time needed for the ATIP Office to receive the required documents and prepare the files for review and approval. The ATIP Office has established a five-day service standard for subject matter experts to retrieve relevant records and obtain director general sign-off. In addition, through training and awareness sessions, CNSC staff members were generally receptive to their obligations under the AIA and delays were reduced. 

The ATIP Office regularly presents at the CNSC’s Operations Management Committee meetings to discuss ATIP issues and to monitor the processing of requests, including timelines.

5. Complaints and appeals to the Federal Court

During 2019–20, the Office of the Information Commissioner (OIC) received one complaint. The reason for the complaint was our application of exemptions under the AIA. Four complaints were closed during 2019–20. Of these closed complaints, the OIC findings include two well founded, one resolved and one discontinued. The CNSC takes the issue of complaints seriously and works closely with the OIC to develop best practices and lessons learned strategies.

Four complaints were carried over from 2018–19. 

As always, the CNSC will continue to work closely with the Office of the Information Commissioner to resolve the remaining ongoing complaints in a timely and efficient manner.

No appeals were made to the Federal Court of Canada during 2019–20.

Annex A: Statistical Information

Statistical Report on the Access to Information Act

Name of institution: Canadian Nuclear Safety Commission

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
Received during reporting period 168
Outstanding from previous reporting period 23
Total 191
Closed during reporting period 146
Carried over to next reporting period 45
1.2 Sources of Requests
Source Number of requests
Media 16
Academia 16
Business (private sector) 27
Organization 90
Public 19
Decline to Identify 0
Total 168
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
33 11 1 1 0 0 0 46

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

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 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 6 5 3 0 0 0 1 15
Disclosed in part 1 11 5 9 6 0 9 41
All exempted 1 1 0 2 0 0 0 4
All excluded 0 0 0 0 0 0 0 0
No records exist 62 15 0 0 0 0 0 77
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 3 1 0 0 0 0 5 9
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 73 33 8 11 6 0 15 146
3.2 Exemptions
Section Number of Requests
13(1)(a) 5
13(1)(b) 5
13(1)(c) 3
13(1)(d) 0
13(1)(e) 0
14 0
14(a) 3
14(b) 0
15(1) 9
15(1) - I.A.* 0
15(1) – Def.* 9
15(1) – S.A.* 9
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 1
16(1)(d) 0
16(2) 3
16(2)(a) 0
16(2)(b) 0
16(2)(c) 6
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) 3
18(b) 0
18(c) 0
18(d) 1
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 33
20(1)(a) 1
20(1)(b) 17
20(1)(b.1) 17
20(1)(c) 3
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 18
21(1)(b) 17
21(1)(c) 2
21(1)(d) 1
22 0
22.1(1) 0
23 6
23.1 0
24(1) 2
26 2

* I.A.: International Affairs
Def.:  Defence of Canada
S.A.:  Subversive Activities

3.3 Exclusions
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
3.4 Format of information released
Paper Electronic Other
19 37 0

3.5 Complexity

3.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
32642 18902 69
3.5.2 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 14 228 1 139 0 0 0 0 0 0
Disclosed in part 20 673 8 1952 9 4221 4 6495 6 0
All exempted 3 0 0 0 0 0 1 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 4 0 2 69 0 0 2 2129 1 2996
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 41 901 11 2160 9 4221 7 8624 1 2996
3.5.3 Other complexities
Disposition Consultation
Required		 Assessment
of Fees		 Legal Advice
Sought		 Other Total
All disclosed 7 0 5 3 15
Disclosed in part 25 0 1 25 51
All exempted 1 0 0 2 3
All excluded 0 0 0 0 0
Request abandoned 4 0 0 7 11
Neither confirmed nor denied 0 0 0 0 0
Total 37 0 6 37 80

3.6 Closed requests

3.6.1 Number of requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 130
Percentage of requests closed within legislated timelines 89

3.7 Deemed refusals

3.7.1 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
24 12 0 12 0
3.7.2 Requests closed beyond legislated timelines (include any extension taken)
Number of Days Past Legislated Timelines Number of Requests Past Legislated Timelines Where No Extension Was Taken Number of Requests Past Legislated Timelines where an Extension Was Taken Total
1 to 15 days 2 1 3
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 3 3
121 to 180 days 0 4 4
181 to 365 days 0 8 8
More than 365 days 0 6 6
Total 2 22 24
3.8 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
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 3 0
Disclosed in part 4 0 15 10
All exempted 1 0 1 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 4 0 1 0
Total 9 0 20 10
4.2 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 1 0 0 0
31 to 60 days 1 0 3 4
61 to 120 days 3 0 13 3
121 to 180 days 4 0 4 2
181 to 365 days 0 0 0 1
365 days or more 0 0 0 0
Total 9 0 20 10

Section 5: Fees

Fee Type Fee Collected Fee Waived or Refunded
Requests Amount Requests Amount
Application 130 $650 5 $25
Other fees 0 $0 0 $0
Total 130 $650 5 $25

Section 6: Consultations Received From Other Institutions and Organizations

6.1 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 28 390 1 308
Outstanding from the previous reporting period 1 1 1 1
Total 29 391 2 309
Closed during the reporting period 29 390 2 309
Carried over to next reporting period 0 1 0 0
6.2 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 17 5 0 0 0 0 0 22
Disclose in part 2 1 0 0 0 0 0 3
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 2 0 0 0 0 0 0 2
Other 2 0 0 0 0 0 0 2
Total 23 6 0 0 0 0 0 29
6.3 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 2 0 0 0 0 0 0 2
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 2 0 0 0 0 0 0 2

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 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
7.2 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

Section 8: 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
5 0 0 4 0 0

Section 9: Court Action

9.1 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
         
Complaint (1) Institution (2) Third Party (3) Privacy Commissioner (4) Total
0 0 0 0 0

Section 10: Human Resources

10.1 Costs
Expenditures Amount
Salaries $268,547
Overtime $0
Goods and Services $4,881
Professional services contracts
 $0
Other
 $4,881
Total $273,428
10.2 Human resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 3.20
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 3.20

Annex B: Delegation order

The President of the Canadian Nuclear Safety Commission, 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 President as the head of the Canadian Nuclear Safety Commission, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designations replaces all previous delegation orders.

Schedule
Position Privacy Act and Regulations Access to Information Act and Regulations
Vice-President, Corporate Services Branch Full authority Full authority
Director General, Information Management and Technology Directorate Full authority Full authority
Director, Information Management Division Full authority Full authority
Senior ATIP Advisor Full authority Full authority

Original signed by

Rumina Velshi
President
Canadian Nuclear Safety Commission

Date: July 29, 2020

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