Annual Report 2009-2010
Administration of the Access to Information Act

Introduction

The Access to Information Act (the Act) was enacted on July 1, 1983. The purpose of the Act is to provide individuals with the right to information in records held by government institutions in accordance with the principles that:

  • government information should be available to the public;
  • necessary exceptions to the right of access should be limited and specific and;
  • decisions on the disclosure of government information should be reviewed independently of government.

Overview of the Financial Transactions and Reports Analysis Centre

FINTRAC's mandate is to facilitate the detection, prevention and deterrence of money laundering, terrorist activity financing and other threats to the security of Canada by receiving, collecting and analyzing information on financial activities; ensuring those subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) comply with reporting, record keeping and other obligations; and making case disclosures of financial intelligence to the appropriate law enforcement agency, CSIS, or other agencies designated by legislation in support of investigations and prosecutions. FINTRAC's mandate also includes enhancing public awareness and understanding of matters related to money laundering. In undertaking these activities FINTRAC must ensure the protection of the personal information under its control.

Access and Privacy (ATIP) Program Administration

FINTRAC's ATIP Office is part of FINTRAC's Communications Division, within the Strategic Policy and Public Affairs Sector. The office consists of the Access to Information and Privacy Coordinator (ATIP Coordinator) who is supported by an Access to Information and Privacy Officer (ATIP Officer).

Legal Services provides advisory guidance whenever required.

Delegation of Authority

Order in Council P.C. 2000-1066 designates the Director of the Financial Transactions and Reports Analysis Centre (FINTRAC) as head of the Centre for the purposes of the Access to Information Act and FINTRAC's Privacy Program. However, pursuant to s. 73 of the Access to Information Act, the authority to exercise the powers and perform the functions and duties of the Director under the Access to Information Act have been delegated to the ATIP Coordinator. The Coordinator's mandate is to promote and enforce compliance with the Access to Information Act, legislative regulations, as well as related government policy. Further, the Coordinator is responsible to create procedures, establish processing standards and institute a training program to broaden the general knowledge and understanding of the principles of access to information and the management of requests within FINTRAC.

The Coordinator is also responsible for communicating and consulting with the Treasury Board Secretariat, the Office of the Information Commissioner, government departments and agencies, as well as with the Canadian public at large.

The ATIP Officer holds the responsibility of processing requests for access submitted under both the Access to Information Act and the Privacy Act, and for providing guidance and awareness training.

A copy of the Director's Delegation Order is attached at Appendix 'A'.

Access Request Case Activity

During the current reporting period of April 1, 2009 and March 31, 2010, the ATIP Office had no cases carried over from the previous reporting period. The Office did receive 9 new requests for access to information submitted under the Access to Information Act. All nine requests were completed during the reporting year.

Other Requests

FINTRAC received a total of 7 requests for consultations from other government departments related to requests for access to information submitted to them under the Access to Information Act.

Method of Access

All applicants received copies of responsive documents where applicable.

Disposition of Completed Requests

Of the 9 access cases received at FINTRAC, the applicant in 1 case received a copy of the documents with full disclosure of the information content. The applicants of 4 cases either received a partial response or received a nil response (i.e. neither confirm nor deny the existence of information). In 2 cases our search resulted in a "no records exist" response. The applicants of the 2 final cases abandoned their application.

Completion Times and Extensions

In all 9 completed cases the applicant was provided with a response within the statutory deadline.

No time extension was required for the processing of a response to any of the completed cases.

A supplementary report is attached at Appendix 'C'.

Exclusions and Exemptions Invoked

The ATIP Office invoked exclusions and exemptions as follows:

  • 16(1)c Law enforcement and investigation was invoked in 3 cases
  • 19(1) Personal information of an other individual was invoked in 2 cases
  • 24(1) Statutory prohibition was invoked in 1 case

Costs

During the reporting year, the ATIP Office incurred an estimated $80,000 in salary costs to administer the Access to Information Act.

Education and Training

An Awareness program and training materials were developed by the ATIP Office. In 2009-2010, 10 awareness sessions were provided to approximately 150 employees of the Centre. The course content provided attendees with a basic understanding of such things as:

  • the purpose and exemptions of the Access to Information Act
  • FINTRAC's responsibilities under the Act
  • how requests are administered by the FINTRAC ATIP Office
  • their responsibilities in the management of FINTRAC information and
  • their participation in the request response process

Significant Changes to the Organization, Programs, Operations or Policy

None to report.

Complaints and Investigations

During the fiscal year 2009-2010, the Office of the Information Commissioner (OIC) notified us of only one 1 complaint filed against us by an applicant. The complaint was based on FINTRAC's refusal to disclose under sections 10, 16 and 24 of the Act. As of April 15, 2010 action on this complaint is pending initiation by the OIC.

Federal Court Cases

There were no court cases involving FINTRAC.

Appendix 'A'

Access to Information Act
Designation Orders

The Director of the Financial Transactions Reports and Analysis Centre of Canada (FINTRAC) pursuant to Section 73 of the Access to Information Act, hereby designates the person holding the position of Coordinator, Access to Information and Privacy, or the person occupying that position on an acting basis, and in the absence of that person the Assistant Director of Communications, to exercise the powers and perform the duties and functions of the Director of the Centre as the head under the provisions of the Access to Information Act.

This designation takes effect as of the 1st of May, 2009.

Dated at Ottawa this 26th day of May, 2009.

Director
Financial Transactions Reports and Analysis Centre of Canada

Appendix 'C'

Supplemental Reporting Requirements for 2009-2010 Access to Information Act

In addition to the reporting requirements addressed in form TBS/SCT 350-2 "Report on the Access to Information Act", institutions are required to report the following information using this form:

Part III – Exemptions invoked

Section 13

Subsection 13(e) ____0____

Section 14

Subsection 14(a) ____0____

Part IV – Exclusions cited:

Subsection 69.1 ____0____