Annual Report 2010-2011
Administration of the Access to Information Act

Table of Contents

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Administration of the Access to Information Act Annual Report 2010-2011
(PDF version, 625 KB)

Introduction

The Access to Information Act (hereafter 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.

Section 72 of the Act requires the head of every government institution to prepare and table in Parliament an annual report on the administration of the Act during the fiscal year. This report describes how the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) administered the Act throughout fiscal year 2010-2011.

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, the Canadian Security Intelligence Service, or other agencies designated by legislation in support of investigations and prosecutions. FINTRAC's mandate also includes the creation of strategic intelligence products and the enhancement of public awareness and understanding of matters related to money laundering and terrorist financing. In undertaking these activities FINTRAC is required to ensure the protection of the personal information under its control.

The Access to Information and Privacy Section

FINTRAC's Access to Information and Privacy (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 FINTRAC as head of the Centre for the purposes of the Act and FINTRAC's Privacy Program. However, pursuant to section 73 of the Act, the authority to exercise the powers and perform the functions and duties of the Director under the Act has been delegated to the ATIP Coordinator. The Coordinator's mandate is to promote and enforce compliance with the Act and its regulations, as well as related government policy. Further, the Coordinator is responsible for creating procedures, establishing processing standards and instituting a training program to broaden the general knowledge and understanding of the principles of access to information and the management of information requests within FINTRAC.

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

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

Performance

Access Request Case Activity

During the current reporting period of April 1, 2010 and March 31, 2011, the ATIP Office:

  • had no outstanding cases from the previous reporting period; and
  • received 11 new requests for access to information which were all completed during the reporting year.

Method of Access

All applicants received copies of responsive documents where applicable.

Disposition of Completed Requests

Of the 11 access cases received at FINTRAC, the applicants in 2 cases received a copy of the documents with full disclosure of the information content. The applicants of 9 cases either received a partial response or received a nil response (i.e., neither confirm nor deny the existence of information). FINTRAC was unable to process one case under the Act as the request involved personal information of the applicant and which was subsequently submitted under the Privacy Act.

Completion Times and Extensions

Of the 11 completed cases, 8 applicants were provided with a response within the statutory deadline.

2 cases required time extensions pursuant to paragraph 9(1)(b) of the Act to complete consultation requirements in order to comply with the processing of the response. 1 case required a time extension pursuant to paragraph 9(1)(a) of the Act to complete search requirements in order to comply with the processing of the response.

Exclusions and Exemptions Invoked

The ATIP Office invoked exemptions under the Act a total of 31 times, as follows:

  • 2 times under section 14 (Federal-provincial affairs);
  • 11 times under section 16 (Law enforcement and investigations);
  • 3 times under section 17 (Safety of individuals);
  • 3 times under section 19 (Personal information of another individual);
  • 4 times under section 20 (Third party information);
  • 5 times under section 21 (Operations of Government); and
  • 1 time under section 22 (Testing procedures, tests and audits).

No exclusions were invoked.

Other Requests

FINTRAC received a total of 19 requests for consultations from other government departments related to requests for access to information submitted to them under the Act.

Costs

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

Education and Training

An awareness session was provided to an additional 20 employees who had not yet received the mandatory training which was provided in 2009-2010. The course content included:

  • the purpose and exemptions of the 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.

A corporate training strategy has been created to address FINTRAC knowledge needs and ensure that employees are aware of their specific functional responsibilities under the ATIP legislation and relevant policy instruments. The strategy looks at incorporating new and innovative media, as well as collaborating internally with other information management and security specialists, to bridge knowledge gaps based on the various functional and horizontal requirements within FINTRAC. In 2010-2011, ATIP collaborated with Human Resources (HR) to include key messages on information management and access to information and privacy in HR's corporate overview presentation to ten new employees.

Further, new mandatory Information Management (IM) awareness and training sessions containing key ATIP elements were developed in 2010-2011 and piloted for roll-out completion in 2011-2012. In 2010-2011, 7 training sessions were provided to a total of 50 employees.

New Access to Information Related Policies or Procedures Implemented

In 2010-2011, regarding the management of requests for information under the Act, the Centre created FINTRAC's ATIP Requests Management Guidelines and a User Manual for the Administration of ATIP Requests.

Significant Changes to the Organization, Programs, Operations or Policy

None to report.

Complaints and Investigations

During the fiscal year 2010-2011, the OIC notified FINTRAC of only two complaints which were filed by separate applicants. The complaints were based on FINTRAC's refusal to disclose under subsection 10(2) and paragraphs 16(1)(c) and 20(1)(c) of the Act. As of May 10, 2011, action on these complaints is pending initiation by the OIC.

Federal Court Cases

There were no court cases involving FINTRAC.