Annual Report to Parliament. VIA Rail Canada. Administration of the Access to Information Act

Transcription

1 3 Annual Report to Parliament VIA Rail Canada Administration of the Access to Information Act

2 i VIA Rail Canada - Annual Report 3 Access to Information Act Table of Contents. Introduction.... Institution VIA Rail s Access to Information and Privacy ("ATIP") Unit Delegation order Interpretation of the statistical report ATIP educational and training activities Policies, guidelines and procedures Complaints... 4 Appendices... 6

3 VIA Rail Canada - Annual Report 3 Access to Information Act. Introduction As a result of the Federal Accountability Act effective September, 7, VIA Rail Canada Inc. ("VIA Rail") is included under the legislative requirements of the Access to Information Act ("ATIA"). The ATIA provides a right of access to records under the control of VIA Rail 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. This annual report is tabled in Parliament according to section 7 of the ATIA and covers the period of April, 3 to March 3, 4.. Institution VIA Rail operates Canada s national passenger rail service on behalf of the Government of Canada. An independent Crown corporation established in 977, VIA Rail provides a safe, efficient and environmentally responsible service from coast to coast in both official languages. The Corporation operates almost 5 trains weekly on,5 kilometers of track, connecting over 45 Canadian communities. With approximately,5 employees, VIA Rail carried nearly four million passengers in 3. VIA Rail s Services Rapid Intercity Travel In the densely populated Corridor between Ontario and Quebec, more than 46 trains per week provide fast, convenient, downtown-to-downtown travel between major urban and suburban centres and communities. These trains carry more than 9 percent of Corporation s total ridership. Long-distance Travel and Tourism In Western and Eastern Canada, VIA Rail s trains attract travellers from around the world and support Canada s tourism industry. The Canadian, VIA Rail s legendary western transcontinental train, provides service between Vancouver and Toronto. In Eastern Canada, the Ocean runs between Montreal and Halifax.

4 VIA Rail Canada - Annual Report 3 Access to Information Act Mandatory Services VIA Rail operates 48 trains weekly in several rural and remote regions of Canada. Mandated by the Government of Canada to meet essential transportation needs, these trains serve many communities where alternative, year-round transportation is limited or unavailable. 3. VIA Rail s Access to Information and Privacy ("ATIP") Unit VIA Rail s ATIP unit was created in 7. Since June,, ATIP falls under the responsibility of the Chief Corporate and Legal Officer & Corporate Secretary, the Coordinator for ATIP at VIA Rail. This person is responsible for interpreting and applying the statutory and policy requirements as they relate to the public s right of access to VIA Rail s records under the ATIA and to personal information under the PA. In more complex cases, the Coordinator makes recommendations to senior management on the disclosure of information. The Coordinator s area of responsibility includes administering the process by which for access to information and for personal information are received and responded to, in compliance with the applicable statutory and policy requirements. It is to be noted that significant parts of these responsibilities are likely to be exercised by or in collaboration with the Analyst of the ATIP. Here is the organizational structure of VIA Rail s ATIP unit effective from April, 3 to March 3, 4: Marc Laliberté President and Chief Executive Officier until January 4, 4 Steve Del Bosco President and Chief Executive Officier ad interim Yves Desjardins-Siciliano Chief Corporate and Legal Officer & Corporate Secretary Access to Information and Privacy Coordinator Jacques C. Gagnon Senior Manager, Media and Community Relations Analyst, Access to Information and Privacy Intern Legal Affairs

5 3 VIA Rail Canada - Annual Report 3 Access to Information Act 4. Delegation order Pursuant to section 73 of the Access to Information Act, the President and Chief Executive Officer of VIA Rail has delegated the totality of his functions as they relate to the administration of the Access to Information Act within VIA Rail to the Corporation s ATIP Coordinator and the ATIP Analyst. The delegation order is included in Appendix. 5. Interpretation of the statistical report The completed statistical report for 3 previously submitted to the Treasury Board Secretariat is included in Appendix. This also includes the supplementary reporting with regards to the number of times a previously released ATI package was released informally, and the table relating the processing times of Cabinet confidences. Requests: VIA Rail received sixty-nine (69) access to information and ten () consultations from other government institutions (9) and organizations () between April, 3 and March 3, 4. Of these sixty-nine (69), thirty-eight (38) are carried forward into the next fiscal year. Eighteen (8) were carried over from the previous reporting period. Thirteen (3) of them were abandoned and five (5) others were dealt with. Types of : Of the sixty-nine (69) access to information received during the reporting year, 7% originates from the media, 3% from academia, 4% from businesses (private sector), 3% from organizations and 7% from the public. Completion time: VIA Rail s completion time for closed during the reporting period is 53 days compared to the legislative requirement of 3 days. This improved average completion time, compared to last year (94 days), may be explained by VIA Rail reducing its processes with regards to access to information, and the absence of complex files to handle. Abandoned are not included in the calculation of average completion time.

6 4 VIA Rail Canada - Annual Report 3 Access to Information Act Fees: The net fees collected for were $5. VIA Rail waived fees in the amount of $3. The total amount of $5 represents the $5 applicable fee required to process each access to information request closed. Costs: The total costs related to the unit and regarding access to information were $,448. This amount includes $74,33 in salary, $5,55 for consultation fees and $9 for expenditures related to the standard operation of the service. In, the global costs related to access to information were significantly higher at $8,363. This may partly be explained by VIA Rail reducing its processes with regards to access to information, and the absence of complex files to handle. ATIP staff resources dedicated to access to information represent.97 FTE (full time employee). 6. ATIP educational and training activities Listed below are some of VIA Rail s activities for 3 in order to meet the legal requirements of the ATIA: A review of key governance policies that includes an overview of access to information and privacy was presented to the Corporate Governance Committee of the Board of Directors in November 3. A report on access to information was included in every VIA Rail annual report as well as in each quarterly report. 7. Policies, guidelines and procedures VIA Rail did not implement or review any policies, guidelines and procedures related to access to information during the reporting period. 8. Complaints Two () complaints were closed between April, 3 and March 3, 4. Of these two (), one () complaint was abandoned and one () complaint was well-founded according to the Information Commissioner of Canada:

7 5 VIA Rail Canada - Annual Report 3 Access to Information Act OIC File A complaint that was filed with the Office of the Information Commissioner of Canada in 3 was abandoned in August 3. This complaint alleged that VIA Rail had applied inapplicable exemptions to redact information. After discussing the invoked restrictions with VIA Rail, the complainant was satisfied with the provided explanations and abandoned the complaint. OIC File 33-7 A complaint that was filed with the Office of the Information Commissioner of Canada in 3 was closed in February 4. This complaint alleged that VIA Rail did not respond to the request in its entirety. Following a review of the matter, the Office of the Information Commissioner of Canada determined that the complaint was well-founded. Six (6) complaints are ongoing at the Office of the Information Commissioner and have been carried over into the next reporting period.

8 6 VIA Rail Canada - Annual Report 3 Access to Information Act Appendix

9

10 VIA Rail Delegation of Authority Under the Access to Information Act Subject Access to Information Act Section Head, Legal Services (ATIP Coordinator) ATIP Analyst Position / Title Program / Functional Directors Others (specify) Others (specify) Notice where access 7 granted Transfer of request 8() Extension of Time 9() Limits Notice of extension to 9() Commissioner Notice where access () & () refused Payment of additional () fees Payment of fees for (3) computer records Deposit (4) Notice of fee (5) payment Waiver or refund of (6) fees Translation () Conversion to (3) alternate format Information obtained in confidence from 3 () another government Grant access information obtained in confidence from another government federal-provincial affairs international affairs, defence law enforcement and investigation 3 () 4 5() 6()

11 VIA Rail Delegation of Authority Under the Access to Information Act Subject Access to Information Act Section Head, Legal Services (ATIP Coordinator) ATIP Analyst Position / Title Program / Functional Directors Others (specify) Others (specify) 6() security information policing services for 6(3) provinces or municipalities 7 safety of individuals economic interests of 8 Canada another person's 9() information Disclose personal 9() information third () party information Disclose testing ()&(3) methods Disclose third party (5) information Disclose in public (6) interest advice etc. tests and audits solicitor-client 3 privilege 4() prohibited information Disclose information not subject to 5 exemption or exclusion information to be 6 published Notice to third parties 7() Extension of time 7(4) limit

12 VIA Rail Delegation of Authority Under the Access to Information Act Subject Access to Information Act Section Head, Legal Services (ATIP Coordinator) ATIP Analyst Position / Title Program / Functional Directors Others (specify) Others (specify) Notice of third party 8() disclosure Waiving obligation for third party to make 8() representations in writing Disclosure of record 8(4) Disclosure on Commissioner's 9() recommendation Action to take in response to the 3 notice of intention to investigate Notice to third party 33 Right to make 35() representations Findings and recommendations of 37()(b) the Information Commissioner Access given to 37(4) complainant Notice to third party 43() of court action Notice to person who 44() requested record Special rules for 5() hearings Ex parte 5(3) representations Excluded information 69 Exempt information severed from 7() manuals made available to the public 3

13 VIA Rail Canada - Annual Report 3 Access to Information Act Appendix

14 Statistical Report on the Access to Information Act Name of institution: Reporting period: VIA Rail Canada inc. 4//3 to 3/3/4 PART Requests under the Access to Information Act. Requests Received during reporting period Outstanding from previous reporting period Closed during reporting period Carried over to next reporting period Requests Sources of Source Requests Media Academia Business (Private Sector) 3 Organization Public 5 69 PART Requests closed during the reporting period. Disposition and completion time Completion Time Disposition of All disclosed Disclosed in part All exempted All excluded No records exist Request transferred Request abandoned Treated informally to 5 days 6 to 3 days 3 to 6 days 6 to days to 8 days 8 to 365 days More than 365 days TBS/SCT 35-6 (Rev. /3)

15 . Exemptions Section 3()(a) 3()(b) 3()(c) 3()(d) 3()(e) 4(a) 4(b) 5() - I.A.* 5() - Def.* 5() - S.A.* 6()(a)(i) 6()(a)(ii) 6()(a)(iii) 6()(b) 6()(c) 6()(d) Number of Section Number of Section Number of Section Number of 6()(a) 8(a). 6()(b) 8(b) 4. 6()(c) 8(c).4 6(3) 8(d) ()(a) 6.()(a) 8.()(a) ()(b) 4 6.()(b) 8.()(b) ()(c) 6.()(c) 8.()(c) ()(d) 6.()(d) 8.()(d) 6.() 9() 7.() ()(a) 3 6.4()(a) ()(b) 4 4() 6.4()(b) ()(b.) ()(c) 7 4 ()(d) 5 3 * I.A.: International Affairs Def.: Defence of Canada S.A.: Subversive Activities.3 Exclusions Section 68(a) 68(b) 68(c) (a) 68.(b) Section 69()(a) 69()(b) 69()(c) 69()(d) 69()(e) 69()(f) Section 69()(g) re (a) 69()(g) re (b) 69()(g) re (c) 69()(g) re (d) 69()(g) re (e) 69()(g) re (f) 69.().4 Format of information released Disposition All disclosed Disclosed in part Paper Electronic Other formats.5 Complexity.5. Relevant pages processed and disclosed pages processed pages disclosed Disposition of All disclosed Disclosed in part All exempted All excluded Request abandoned 4 6

16 .5. Relevant pages processed and disclosed by size of Disposition All disclosed Disclosed in part All exempted All excluded Abandoned Less than pages processed Pages disclosed -5 pages processed Pages disclosed 5- pages processed Pages disclosed -5 pages processed Pages disclosed More than 5 pages processed Pages disclosed Other complexities Disposition All disclosed Disclosed in part All exempted All excluded Abandoned Consultation required 4 Assessment of fees 8 4 Legal advice sought Other Deemed refusals.6. Reasons for not meeting statutory deadline closed past the statutory deadline 4 Workload 6 External consultation 3 Principal Reason Internal consultation Other 3.6. days past deadline days past deadline to 5 days 6 to 3 days 3 to 6 days 6 to days to 8 days 8 to 365 days More than 365 days past deadline where no extension was taken past deadline where an extension was taken

17 .7 Requests for translation Translation Requests Accepted Refused English to French French to English PART 3 Extensions 3. Reasons for extensions and disposition of Disposition of where an extension was taken All disclosed Disclosed in part All exempted All excluded No records exist Request abandoned 9()(a) Interference with operations 5 9()(b) Consultation Section 69 Other 6 9()(c) Third party notice Length of extensions 9()(a) Interference with 9()(b) Consultation 9()(c) Length of extensions operations Section 69 Other Third party notice 3 days or less 3 3 to 6 days 6 to days to 8 days 8 to 365 days 365 days or more 6 3 4

18 PART 4 Fees Fee Type Application Search Production Programming Preparation Alternative format Reproduction Fee Collected Amount $5 $ $ $ $ $ $ $5 Fee Waived or Refunded Amount 6 $3 $ $ $ $ $ $ 6 $3 PART 5 Consultations received from other institutions and organizations 5. Consultations received from other government institutions and organizations Consultations Received during reporting period Outstanding from the previous reporting period Closed during the reporting period Pending at the end of the reporting period Other government institutions pages to review 4 4 Other organizations 4 pages to review Recommendations and completion time for consultations received from other government institutions Recommendation Disclose entirely Disclose in part Exempt entirely Exclude entirely Consult other institution Other days required to complete consultation to 5 6 to 3 3 to 6 6 to to 8 8 to 365 than 365 days days days days days days days

19 5.3 Recommendations and completion time for consultations received from other organizations Recommendation Disclose entirely Disclose in part Exempt entirely Exclude entirely Consult other institution Other to 5 days days required to complete consultation 6 to 3 days 3 to 6 days 6 to days to 8 days 8 to 365 days than 365 days PART 6 Completion time of consultations on Cabinet confidences days to 5 6 to 3 3 to 6 6 to to 8 8 to 365 More than 365 responses received responses received past deadline PART 7 Resources related to the Access to Information Act 7. Costs Expenditures Amount Salaries $74,33 Overtime $ Goods and Services $6,45 Professional services contracts $5,55 Other $9 $,448 6

20 7. Human Resources Regional staff.. Consultants and agency personnel.. Students.. Resources Full-time employees Part-time and casual employees Dedicated full-time to ATI Dedicated part-time activities to ATI activities

21

22