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 2020-2021 (April 1, 2020 to March 31, 2021). 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 the CGC’s 2020-2021 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 21 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;
  • Providing senior management and all departmental staff with advice and guidance on ATIP related matters;
  • Responding to and managing privacy breaches and inquiries;
  • Proactively disclosing summaries of closed access requests on the CGC website;
  • Preparing annual reports to Parliament and maintaining the CGC 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 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 CGC 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, 2020 to March 31, 2021 is attached in Annex C. In comparing this Report with that of the previous reporting period (April 1, 2019 to March 31, 2020), it was noted that the CGC received a lower number of requests for information under the Act.

Number of ATI requests
Year Outstanding Received Completed Carried Forward
2017-2018 1 0 1 0
2018-2019 0 5 1 4
2019-2020 4 8 12 0
2020-2021 0 6 6 0

Access requests received and completed

  • The CGC received six new requests for information under the Act.
  • Of the six requests received, 2 were completed within 1-15 days and four within 16-30 days.
  • One request was abandoned and two had nil responses.
  • For the three requests for which records were disclosed, the percentage of requests where all records were disclosed was 67% and for records that were partially disclosed was 33%.
  • As part of the completed requests,141 pages were reviewed.

Exemptions invoked

  • The appended statistical reports provide details regarding the types of exemptions and exclusions applied to information contained in records for completed requests. The two exemptions most used by the CGC during the reporting period were subsection 19(1) (personal information) and section 20 (confidential third-party information).

Extensions

  • The Act allows extensions beyond the 30-day statutory time frame for specific reasons. During the reporting period there were no time extensions required.

Informal requests

  • The CGC also responds to informal requests for information from the public. Informal requests are generally requests for previously released records under a formal access request.
  • There were no informal requests received during this reporting period.

Consultations

Number of Pages to Review for Consultations

  • The CGC must also respond to consultations pursuant to the Act from other government institutions in order to provide those institutions with recommendations regarding the release of information related to the CGC.
  • For this reporting period, the CGC received fourteen consultation requests from other institutions. Thirteen requests were completed within 30 days of receipt and one request within 31-60 days of receipt.
Year Outstanding Received Completed Carried Forward
2017-2018 0 12 (117 pages) 12 0
2018-2019 0 11 (276 pages) 11 0
2019-2020 0 17 (327 pages) 17 0
2020-2021 0 14 (28 pages) 14 0

In summary:

The CGC received twenty requests during the reporting period, six requests for information and fourteen consultation requests. This represents a decrease in total requests received over the previous reporting period (25 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.

COVID-19 related measures

  • The CGC has been operating under its Business Continuity Plan since March 17, 2020. This plan focuses CGC resources on critical services which include ATIP request processing. There were no delays during the 2020-2021 reporting period.

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 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: $5.00
  • Total revenue: The total fee revenue for the 2020 to 2021 fiscal period collected was $25.00.
  • Fees waived: One fee was waived for the 2020 to 2021 fiscal period.
  • Cost of operating the program: $26,154.00.

6. ATIP training and education

  • During the reporting period, there was no training provided to CGC employees.

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 2020 to 2021 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.

The 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 a decrease in the number of access requests received for the 2020-2021 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.

Doug Chorney
Acting Chief Commissioner
Signed on : August 21, 2021

Annex B – Delegation of authority instrument for the administration of the Access to Information Act

Sections of the Access to Information Act
Sections Powers, Duties or Functions Chief Operating Officer
4(2.1) Responsibility of government institutions X
7(a) To notify applicant and to give access to the record X
7(b) Giving access to records X
8(1) To transfer to another institution or to accept transfer from another institution X
9 To extend time limits X
11(2) Waiver of fee X
12(2)b) To have record translated in the public interest X
12(3)(b) To have record made accessible in alternative format X
13 To exempt information obtained in confidence X
13(2) To disclose with consent of the other government X
14 To exempt information re: federal – provincial affairs X
15 To exempt information re: international affairs and defence X
16 To exempt information re: law enforcement and investigations X
16.5 To exempt information re: Public Servant Disclosure Act X
17 To exempt information re: safety of individuals X
18 To exempt information re: economic interests of Canada X
19 To exempt personal information X
20 To exempt third party information X
21 To exempt information re: advice and recommendations X
22 To exempt information re: testing procedures, tests and audits X
22.1 To exempt information re: Audit working papers and draft audit reports X
23 To exempt information re: solicitor client privilege X
24 To exempt information re: statutory prohibitions X
25 To sever exempt information from records and to disclose the remaining information X
26 To refuse access when information is published X
27(1) To notify third party of intent to disclose X
27(4) To extend time limit for third party notification process X
28(1)(b) Review representations of third parties X
28(2) To waive the requirement of third parties providing representation in writing X
28(4) To notify third party of decision X
33 To advise Information Commissioner of third-party involvement X
35(2)(b) To have the right to make representations to Information Commissioner X
37(4) To provide access to complainant pursuant to Information Commissioner’s recommendation X
43(2) To provide notification to third party (application to Federal Court for review) X
44(2) To notify applicant that third party has applied for Court review X
52(2)(b),(3) Special rules for hearing X
94 To prepare annual report to Parliament X
Legend:
X = has delegated authority
Sections of the Access to Information Regulations
Sections Powers, Duties or Functions Chief Operating Officer
6(1) Transfer of request X
7(2) Search and preparation fees X
7(3) Production and programming fees X
8 Providing access to record(s) X
8.1 Limitation in respect of format X
Legend:
X = Has delegated authority

Annex C - Statistical Report on the Access to Information Act

Name of institution: Canadian Grain Commission

Reporting period: 2020-04-01 to 2021-03-31

Section 1: Requests Under the Access to Information Act

1.1 Number of requests

  Number of Requests
Received during reporting period 6
Outstanding from previous reporting period 0
Total 6
Closed during reporting period 6
Carried over to next reporting period 0

1.2 Source of requests

Source Number of Requests
Media 4
Academia 0
Business (private sector) 0
Organization 0
Public 2
Decline to Identify 0
Total 6

1.3 Informal requests

Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
0 0 0 0 0 0 0 0

Note: All requests previously recorded as “treated informally” will now be accounted for in this section only.

Section 2: Decline to act vexatious, made in bad faith or abuse of right requests

  Number of Requests
Outstanding from previous reporting period 0
Sent during reporting period 0
Total 0
Approved by the Information Commissioner during reporting period 0
Declined by the Information Commissioner during reporting period 0
Carried over to next reporting period 0

Section 3: Requests Closed During the Reporting Period

3.1 Disposition and completion time

Disposition of Requests Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 0 2 0 0 0 0 0 2
Disclosed in part 0 1 0 0 0 0 0 1
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 1 1 0 0 0 0 0 2
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 1 0 0 0 0 0 0 1
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commisioner 0 0 0 0 0 0 0 0
Total 2 4 0 0 0 0 0 6

3.2 Exemptions

Section Number
of
Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 0
14 0
14(a) 0
14(b) 0
15(1) 0
15(1) - I.A.* 0
15(1) - Def.* 0
15(1) - S.A.* 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0
16(2) 0
16(2)(a) 0
16(2)(b) 0
16(2)(c) 0
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 0
16.1(1)(c) 0
16.1(1)(d) 0
16.2(1) 0
16.3 0
16.31 0
16.4(1)(a) 0
Section Number
of
Requests
16.4(1)(b) 0
16.5 0
16.6 0
17 0
18(a) 0
18(b) 0
18(c) 0
18(d) 0
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 1
20(1)(a) 0
20(1)(b) 1
20(1)(b.1) 0
20(1)(c) 1
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 0
21(1)(b) 0
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 0
23.1 0
24(1) 0
26 0

3.3 Exclusions

Section Number of Requests
68(a) 0
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
Section Number of Requests
69(1) 0
69(1)(a) 0
69(1)(b) 0
69(1)(c) 0
69(1)(d) 0
69(1)(e) 0
69(1)(f) 0
Section Number of Requests
69(1)(g) re (a) 0
69(1)(g) re (b) 0
69(1)(g) re (c) 0
69(1)(g) re (d) 0
69(1)(g) re (e) 0
69(1)(g) re (f) 0
69.1(1) 0

3.4 Format of information released

Paper Electronic Other
0 3 0

3.5 Complexity

3.5.1 Relevant pages processed and disclosed

Number of Pages Processed Number of Pages Disclosed Number of Requests
141 141 4

3.5.2 Relevant pages processed and disclosed by size of requests

Disposition Less Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More Than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
All disclosed 1 1 1 129 0 0 0 0 0 0
Disclosed in part 1 11 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 1 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0 0 0
Total 3 12 1 129 0 0 0 0 0 0

3.5.3 Other complexities

Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0
Total 0 0 0 0 0

3.6 Closed requests

3.6.1 Number of requests closed within legislated timelines

Requests closed within legislated timelines
Number of requests closed within legislated timelines 6
Percentage of requests closed within legislated timelines (%) 100

3.7 Deemed refusals

3.7.1 Reasons for not meeting legislated timelines

Number of Requests Closed Past the Legislated Timelines Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
0 0 0 0 0

3.7.2 Requests closed beyond legislated timelines (including any extension taken)

Number of Days Past Legislated Timelines Number of Requests Past Legislated Timeline Where No Extension Was Taken Number of Requests Past Legislated Timelines Where an Extension Was Taken Total
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 0 0

3.8 Requests for translation

Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Section 4: Extensions

4.1 Reasons for extensions and disposition of requests

Disposition of Requests Where an Extension Was Taken 9(1)(a) Interference with operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
All disclosed 0 0 0 0
Disclosed in part 0 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 0 0 0 0

4.2 Length of extensions

Number of requests where an extension was taken 9(1)(a) Interference with operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
30 days or less 0 0 0 0
31 to 60 days 0 0 0 0
61 to 120 days 0 0 0 0
121 to 180 days 0 0 0 0
181 to 365 days 0 0 0 0
365 days or more 0 0 0 0
Total 0 0 0 0

Section 5: Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of Requests Amount Number of Requests Amount
Application 5 $25 1 $5
Other fees 0 $0 0 $0
Total 5 $25 1 $5

Section 6: Consultations Received From Other Institutions and Organizations

6.1  Consultations received from other Government of Canada institutions and organizations

Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during reporting period 14 28 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 14 28 0 0
Closed during the reporting period 14 0 0 0
Carried over to next reporting period 0 28 0 0

6.2 Recommendations and completion time for consultations received from other Government of Canada institutions

Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 13 0 1 0 0 0 0 14
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 13 0 1 0 0 0 0 14

6.3 Recommendations and completion time for consultations received from other organizations

Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More Than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

7.2 Requests with Privy Council Office

Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More Than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

Section 8: Complaints and investigations

Section 32 Notice of intention to investigate Subsection 30(5) Ceased to investigate Section 35 Formal representations Section 37 Reports of finding received Section 37 Reports of finding containing recommendations issued by the Information Commissioner Section 37 Reports of finding containing orders issued by the Information Commissioner
0 0 0 0 0 0

Section 9: Court Action

9.1 Court actions on complaints received before June 21, 2019 and on-going

Section 41 (before June 21, 2019) Section 42 Section 44
0 0 0

9.2 Court actions on complaints received after June 21, 2019

Section 41 (after June 21, 2019)
Complainant (1) Institution (2) Third Party (3) Privacy Commissioner (4) Total
0 0 0 0 0

Section 10: Resources Related to the Access to Information Act

10.1 Costs

Expenditures Amount
Salaries $26,154
Overtime $0
Goods and Services $0
• Professional services contracts $0  
• Other $0  
Total $26,154

10.2 Human Resources

Resources Person Years Dedicated to Privacy Activities
Full-time employees 0.300
Part-time and casual employees 0.000
Regional staff 0.000
Consultants and agency personnel 0.000
Students 0.000
Total 0.300

Note: Enter values to two decimal places.

Date modified: