Annual Report to Parliament Access to Information Act

1. Introduction

The Canadian Grain Commission (CGC) presents to Parliament its Annual Report on the Administration of the Access to Information Act (the “Act”) for fiscal year 2019-2020 (April 1, 2019 to March 31, 2020). This report is prepared and tabled in accordance with section 94 of the Act and section 20 of the Service Fees Act.

The Act gives Canadian citizens, permanent residents and any person or corporation present in Canada a right to access records of government institutions that are subject to the Act. The Act maintains that government information should be made 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.

In accordance with the Treasury Board of Canada Secretariat (TBS) requirements, this report provides an overview of the activities of the CGC in administering its responsibilities under the Act. This report should be considered along with CGC’s 2019-2020 Annual Report to Parliament on the Administration of the Privacy Act, which is tabled separately.

The CGC is a federal government department, which administers the provisions of the Canada Grain Act (CGA). The CGC’s mandate, as set out in the CGA, is to, “in the interests of producers, establish and maintain standards of quality for Canadian grain and regulate grain handling in Canada, to ensure that grain is a dependable commodity for domestic and export markets”.

The CGC’s Core Responsibility is Grain Regulation, or, to regulate grain handling in Canada and to establish and maintain science-based standards for Canadian grain. The CGC regulates the handling of 20 grains grown in Canada to protect producer rights and ensure the integrity of grain transactions.

The Departmental Results of this Core Responsibility are that domestic and international markets regard Canadian grain as dependable and safe and that farmers are fairly compensated for their grain. The CGC supports its Core Responsibility through its programs: Grain Quality, Grain Research, and Safeguards for Grain Farmers.

2. Access to Information and Privacy Office structure

The CGC is supported by Agriculture and Agri-Food Canada’s (AAFC) Access to Information and Privacy (ATIP) office who assists in processing and responding to access to information and privacy requests received by the CGC.

The CGC’s Chief Operating Officer is responsible for the coordination and implementation of policies, guidelines, and procedures to ensure compliance with the Access to Information Act and the Privacy Act.

The CGC has an access to information and privacy coordinator whose key responsibilities include:

• Ensuring timely processing of all ATIP requests and coordinating with AAFC’s ATIP office for processing the CGC’s ATIP requests;
• Proactively disclosing summaries of closed access requests on the CGC’s website;
• Providing CGC staff with advice and guidance on ATIP-related matters;
• Preparing annual reports to Parliament and maintaining the CGC’s Info Source chapter; and
• Developing and updating Personal Information Banks (PIBs).

3. Delegation of authority

The Chief Commissioner of the CGC is responsible for responding to requests made under the Access to Information Act. Subsection 95(1) of the Act provides for the delegation of the powers, duties and functions designated by the Act.

The Chief Operating Officer of the CGC heads the CGC’s operations and reports to the Chief Commissioner. This position has full delegated authority of the powers, duties and functions designated by the Act.

The delegation of authority instrument for the administration of the Act is appended hereto as Annexes A and B.

4. Access to Information Act Statistical Report

The CGC’s detailed Statistical Report on the Act for April 1, 2019 to March 31, 2020 is attached in Annex C. In comparing this Report with that of the previous reporting period (April 1, 2018 to March 31, 2019), it was noted that the CGC received eight requests for information under the Act.

In summary:

The CGC received twenty-five requests during the reporting period, eight requests for information and seventeen consultation requests. This represents an increase in total requests received over the previous reporting period (16 requests received). In compliance with TBS requirements, summaries of the CGC’s completed access to information requests may be found on the Government of Canada’s Open Government web pages.

5. Reporting of the Access to Information fees for the purpose of the Service Fees Act

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: $10.00
• Total revenue: The total fee revenue for the 2019 to 2020 fiscal period collected was $10.00.
• Fees waived: No fees were waived for the 2019 to 2020 fiscal period.
• Cost of operating the program: $13,170.00.

6. ATIP training and education

During the reporting period, the AAFC ATIP office provided training sessions to approximately 40 CGC employees. Training highlights from that session include:

• An overview of the access to information administrative processes;
• A definition of employee roles and responsibilities in relation to fulfilling CGC’s responsibilities under the Act;
• The principles of the duty to assist; and
• An overview of exemptions and exclusions.

The CGC continues to review and develop information management practices and procedures within the organization as part of an ongoing records and information management project.

7. Policies, guidelines, procedures and engagement

The CGC did not implement any new or revise any existing access to information polices, guidelines or procedures during the 2019 to 2020 fiscal period.

8. Access complaints, investigations and audits

The Act provides a system of review to help ensure federal institutions comply with their obligations. Under this system of review, a requester may file a complaint with the Information Commissioner of Canada, who will investigate the matter on behalf of the requester. After the complaint investigation is carried out, the Commissioner issues a finding on the matter and determines whether an institution handled the request properly.

The CGC received no complaints during the reporting period.

No audits in relation to the CGC’s obligations under the Act were carried out during the reporting period.

9. Monitoring timelines

Requests received under the Act by the CGC are monitored by AAFC’s ATIP office using an automated system to ensure the timely processing of ATIP requests. The workflow case management tool used by AAFC tracks all actions and due dates, stores relevant records requiring review, maintains audit logs, promotes the use of standard templates, allows extensive search capability to facilitate analysis and generates progress and statistical reports.

CGC’s ATIP Coordinator monitors the time to process access to information requests by completing an internal tracking log spreadsheet, which is updated to reflect key dates and activities for all requests including deadlines. Senior management is kept apprised of the access to information activities as required.

10. Closing

In summary, the CGC saw an increase in the number of access requests received for the 2019-20 year and completed all of these by the legislated deadline. There were no requests outstanding at the end of the reporting period. The CGC is fully committed to both the spirit and the intent of the Act to ensure openness and transparency with the CGC and with the Canadian public.

Annex A – Access to Information Act Delegation Order - Canadian Grain Commission

Access to Information Act Delegation Order - Canadian Grain Commission

The Chief Commissioner of the Canadian Grain Commission, pursuant to section 95(1) of the Access to Information Act, hereby delegates the persons of the CGC holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers and perform the duties and functions of the Chief Commissioner as the head of a government institution under the sections of the Act as set out in the schedule opposite each position. This Delegation Order supersedes all previous orders.

Annex C - Statistical Report on the Access to Information Act

Name of institution: Canadian Grain Commission

Reporting period: 2019-04-01 to 2020-03-31

Section 3: Requests Closed During the Reporting Period

3.1 Disposition and completion time

3.5 Complexity