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Statistical Report on Requests under the Access to Information ActAnnual Report on the Access to Information Act for the period ending March 31, 2020

This section provides an interpretation of select statistics on the processing of requests made to Elections Canada under the Act. All figures and data for the 2019–2020 fiscal year are provided in the attached statistical report (see Appendix II).

3.1. Number and origin of formal requests

Elections Canada received 95 new formal requests for information under the Act during the period between April 1, 2019, and March 31, 2020. This number increased by 206 percent from the previous year. The increase can be attributed to interest in EC activities as a result of the 43rd general election held on October 21, 2019.

Number of Requests Received

Number of Requests Received

[Text version of] "Number of Requests Received"

Access to Information – Number of Requests Received

This bar graph is titled “Number of Requests Received.” It shows the number of requests received for the past 5 fiscal years.

  • In 2015-2016, 46 requests
  • In 2016-2017, 92 requests
  • In 2017-2018, 40 requests
  • In 2018-2019, 31 requests
  • In 2019-2020, 95 requests

Including 11 requests that were carried over from the previous fiscal year, a total of 106 requests required action in 2019–2020. As the graph below demonstrates, 81 of those requests (76 percent) were closed during the reporting period. This is up from 31 requests (74 percent) closed in 2018–2019. Twenty-five requests were carried over into the next reporting period.

Number of Requests Closed and Carried Over

Number of Requests Closed and Carried Over

[Text version of] "Number of Requests Closed and Carried Over"

Access to Information – Number of Requests Closed and Carried Over

This bar graph is titled “Number of Requests Closed and Carried Over.” It compares the number of requests closed to those carried over into the next fiscal year for the past 4 fiscal years.

  • In 2016-2017, 84 closed and 21 carried over
  • In 2017-2018, 50 closed and 11 carried over
  • In 2018-2019, 31 closed and 11 carried over
  • In 2019-2020, 81 closed and 25 carried over

These new requests were initiated by the media (22), private businesses (17), the general public (26), academia (6), organizations (4) and requesters who declined to identify themselves (20).

3.2. Disposition of completed requests

Eighty-one requests were completed during the reporting period, 20 (25 percent) of which resulted in full disclosure of information, up from 2 (6 percent) in 2018–2019. Forty-eight requests (59 percent) resulted in partial disclosure of information. Records did not exist for 10 requests (12 percent). There were 2 requests (2 percent) fully exempted or fully excluded, up from the 0 (0 percent) fully exempted or fully excluded in 2018–2019. No requests were transferred to other government institutions. One request was abandoned, the same as in 2018–2019.

Disposition of Completed Requests

Disposition of Completed Requests

[Text version of] "Disposition of Completed Requests"

Access to Information – Disposition of Completed Requests

This pie chart is titled “Disposition of Completed Requests.” It demonstrates the extent to which requested records were disclosed in the past 3 fiscal years.

In 2017-2018:

  • 16% - All Disclosed
  • 56% - Disclosed in Part
  • 6% - All Excluded
  • 14% - No Records Exist
  • 2% - Request Transferred
  • 6% - Request Abandoned

In 2018-2019:

  • 6% - All Disclosed
  • 65% - Disclosed in Part
  • 26% - No Records Exist
  • 3% - Request Abandoned

In 2019-2020:

  • 25% - All Disclosed
  • 59% - Disclosed in Part
  • 1% - All Exempted
  • 1% - All Excluded
  • 12% - No Records Exist
  • 1% - Request Abandoned

3.3. Completion time of requests

In 2019–2020, 69 requests (85 percent) were completed within legislated timelines. A total of 50 requests (62 percent) were completed within 30 days, compared to 68 percent in 2018–2019. Fourteen requests (17 percent) were closed within 31 to 60 days, fourteen requests (17 percent) were closed within 61 to 120 days, 1 request (1 percent), within 121 to 180 days, 1 request (1 percent), within 181 to 365 days, and 1 request (1 percent) was closed more than 365 days after it was received.

Completion Time of Requests

Completion Time of Requests

[Text version of] "Completion Time of Requests"

Access to Information – Completion Time of Requests

This bar graph is titled “Completion Time of Requests.” It compares the number of days taken to complete requests for the last 3 fiscal years.

In 2017-2018:

  • Closed within 30 days, 25 requests
  • 31 to 60 days, 15 requests
  • 61 to 120 days, 4 requests
  • 121 to 180 days, 1 request
  • 181 to 365 days, 2 requests
  • More than 365 days, 3 requests

In 2018-2019:

  • Closed within 30 days, 21 requests
  • 31 to 60 days, 0 requests
  • 61 to 120 days, 8 requests
  • 121 to 180 days, 1 request
  • 181 to 365 days, 1 request
  • More than 365 days, 0 requests

In 2019-2020:

  • Closed within 30 days, 50 requests
  • 31 to 60 days, 14 requests
  • 61 to 120 days, 14 requests
  • 121 to 180 days, 1 request
  • 181 to 365 days, 1 request
  • More than 365 days, 1 request

Longer completion times in requests received by Elections Canada can be explained by a variety of factors. They are most commonly attributed to outstanding requests from previous years, workload, requests that require consultations with internal or external parties, and requests that are broad in scope and involve sensitive records related to advice or recommendations developed by or for a government institution, security, or investigations, examinations or reviews under the Canada Elections Act. Unforeseen adjustments to work processes related to COVID-19 were implemented towards the end of 2019–2020, temporarily affecting the processing of some requests under the Act. Most employees, including ATIP staff, were required to work remotely with limited access to the network and paper files.

3.4. Informal releases of records

Elections Canada publishes monthly online summaries of all recently completed, formal access to information requests as required by the Treasury Board Secretariat. The published summaries allow individuals to informally request copies of records previously released under the Act. In the 2019–2020 reporting period, there was an increase in the number of request packages released informally in comparison to the previous year. The ATIP Office released 118 packages informally in 2019–2020, up by 74 percent from the preceding year.

Number of Informal Requests Received

Number of Informal Requests Received

[Text version of] "Number of Informal Requests Received"

Access to Information – Number of Informal Requests Received

This bar graph is titled “Number of Informal Requests Received.” It displays how many packages from previous access to information requests were released again informally during the past 4 fiscal years.

  • In 2016-2017, 89 packages
  • In 2017-2018, 121 packages
  • In 2018-2019, 68 packages
  • In 2019-2020, 118 packages

3.5. Exemptions to the release of information

The attached statistical report (Appendix II) includes the number of requests for which Elections Canada invoked specific types of exemptions and provides details on these exemptions. If an exemption is invoked several times in the same request, it is reported only once. The graph below includes the seven exemptions applied most frequently during the 2019–2020 fiscal year.

Most Common Exemptions Applied

Most Common Exemptions Applied

[Text version of] "Most Common Exemptions Applied"

Access to Information – Most Common Exemptions Applied

This bar graph is titled “Most Common Exemptions Applied.” It showcases the number of requests involving the application of certain sections under the Access to Information Act for the past 4 fiscal years.

In 2016-2017:

  • Paragraph 16(2)(c), 3 requests
  • Section 16.3, 8 requests
  • Subsection 19(1), 35 requests
  • Paragraph 20(1)(c), 13 requests
  • Paragraph 21(1)(a), 11 requests
  • Paragraph 21(1)(b), 10 requests
  • Section 23, 9 requests

In 2017-2018:

  • Paragraph 16(2)(c), 4 requests
  • Section 16.3, 15 requests
  • Subsection 19(1), 26 requests
  • Paragraph 20(1)(c), 6 requests
  • Paragraph 21(1)(a), 8 requests
  • Paragraph 21(1)(b), 7 requests
  • Section 23, 2 requests

In 2018-2019:

  • Paragraph 16(2)(c), 4 requests
  • Section 16.3, 3 requests
  • Subsection 19(1), 17 requests
  • Paragraph 20(1)(c), 12 requests
  • Paragraph 21(1)(a), 3 requests
  • Paragraph 21(1)(b), 4 requests
  • Section 23, 3 request

In 2019-2020:

  • Paragraph 16(2)(c), 7 requests
  • Section 16.3, 7 requests
  • Subsection 19(1), 41 requests
  • Paragraph 20(1)(c), 17 requests
  • Paragraph 21(1)(a), 8 requests
  • Paragraph 21(1)(b), 9 requests
  • Section 23, 13 requests

As in previous years, the most common exemption applied was under subsection 19(1) of the Act. In 2019–2020, it was used to protect personal information for 41 requests. Paragraph 16(2)(c) permits heads of government institutions to withhold information that could reasonably be expected to facilitate the commission of an offence. Elections Canada invoked paragraph 16(2)(c) for 7 requests. Section 16.3 of the Act allows the Chief Electoral Officer to refuse the disclosure of information obtained or created during investigations, examinations or reviews conducted under the Canada Elections Act. Elections Canada invoked section 16.3 for 7 requests. Paragraph 20(1)(c) was applied for 17 requests in order to protect third-party information. Paragraph 21(1)(a) permits heads of government institutions to withhold information that contains advice or recommendations developed by or for government officials, whereas 21(1)(b) allows for the exemption of accounts of consultations and deliberations among government staff. These subsections of the Act were used for 8 and 9 requests, respectively. Lastly, information was exempted for 13 requests under section 23 as being subject to solicitor-client privilege.

3.6. Extensions of the time limit

Elections Canada took 20 extensions during the reporting period, 6 of which were taken under paragraph 9(1)(a) of the Act. Paragraph 9(1)(a) allows for an extension if a request is for a large volume of records and unreasonably interferes with the operations of the institution. Four extensions were taken under paragraph 9(1)(b), which states that, if a request requires consultations that cannot be reasonably completed by the statutory deadline, an extension is permitted. Ten extensions were taken under paragraph 9(1)(c) for the notification of third parties.

In 75% of the cases (15 in total) the extensions did not exceed 60 days. This is down 25% from 2018–2019, when no extensions exceeded 60 days. The time limit for 5 requests was extended by 61 to 120 days.

It is the practice of the ATIP Office to provide partial preliminary release of records before the extended due date whenever possible.

3.7. Consultations

The ATIP Office received 31 formal consultations from other government institutions in 2019–2020, 28 (90 percent) of which were responded to in fewer than 30 days. Three consultations were completed within 31 to 60 days. The number of formal consultations received increased 343 percent from the previous year.

Consultations Received from Other Government Institutions

Consultations Received from Other Government Institutions

[Text version of] "Consultations Received from Other Government Institutions"

Access to Information – Consultations Received from Other Government Institutions

This bar graph is titled “Consultations Received from Other Government Institutions.” It shows the number of consultations received from other federal government institutions in the past 4 fiscal years.

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  • In 2016-2017, 7 consultations
  • In 2017-2018, 6 consultations
  • In 2018-2019, 7 consultations
  • In 2019-2020, 31 consultations

3.8. Fees and cost

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, the only fee charged for a request under the Act
  • Total revenue: $160
  • Fees waived: one $5 fee was waived for the 2019–2020 fiscal period
  • Cost of operating the program: $271,626

Salaries accounted for $130,617 of the total cost of operating the program, whereas spending on goods and services amounted to $141,009.