Annual Report to Parliament 2021-2022 on the Access to Information Act

On this page

• Introduction
• Organizational structure
  • RCMP
  • Access to Information and Privacy (ATIP) Branch
• Delegation Order
• Performance
  • Compliance
  • Requests received and closed
  • Sources of requests
  • Pages processed
  • Completion time
  • Extensions
  • Consultations for other institutions
  • Active outstanding requests from previous reporting periods
  • Active outstanding complaints from previous reporting periods
• Training and awareness
• Policies, guidelines, procedures and initiatives
  • ATIP modernization
• Summary of key issues and actions taken on complaints or audits
  • Complaints and investigations
  • Court action
• Monitoring compliance
• Reporting on Access to Information fees for the purposes of the Service Fees Act
• Appendix A - Delegation Order
• Appendix B – Statistical Report on the Access to Information Act
• Appendix C - Supplemental Statistical Report on the Access to Information Act

Introduction

The Royal Canadian Mounted Police (RCMP) depends on an informed public in order to maintain the trust and confidence of Canadians. In this regard, compliance with both the Access to Information Act (ATIA) and the Privacy Act (PA) is of critical importance. The purpose of the ATIA is to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society. The Act provides a right of access to information in accordance with the principles that government information should be available to the public and that necessary exceptions should be limited and specific. The RCMP takes these responsibilities seriously, and is committed to meeting the expectations of Canadians while protecting the integrity of the investigations undertaken on their behalf.

That said, the RCMP's Access to Information and Privacy (ATIP) program—which denotes both the dedicated ATIP personnel in the ATIP Branch in Ottawa as well as supporting personnel in divisions and business lines across the country—has faced numerous challenges over the past decade, which has hampered its ability to meet its obligations under both the ATIA and PA. As outlined in last year's annual report, the RCMP is taking concrete steps to improve its ATIP program and ultimately meet its obligations. Implementation on the RCMP's ambitious modernization effort, led by a comprehensive strategy, Access Granted: Restoring Trust in the RCMP's Access to Information and Privacy Program and supporting action plan is well underway.

This annual report outlines the first year of the implementation of the five-year strategy, and the RCMP is pleased to be able to report some significant improvements. We encourage all Canadians to monitor our progress through our public website.

While the RCMP has made significant strides over the past year, this reporting period was not without its challenges. The ongoing impact of the COVID-19 pandemic, as well as significant operational demands during the reporting period had negative impacts on the RCMP's compliance with the ATIA. Nevertheless, the RCMP ATIP Branch adapted to these challenges, and continues to examine new and innovative ways of working in order to meet the expectations of Canadians.

The RCMP is pleased to outline in this annual report details of the manner in which it discharged its responsibilities in relation to the ATIA during the reporting period. The report is prepared and tabled in Parliament in accordance with section 94 of the ATIA.

Organizational structure

Royal Canadian Mounted Police (RCMP)

For nearly 150 years, the RCMP has been Canada's national police service. As a federal, provincial, territorial and municipal policing body, the RCMP is unique in the world. The RCMP provides federal policing services to all Canadians and policing services under contract to the three territories, eight provinces, and more than 180 municipalities delivered through more than 750 detachments across Canadian communities, 600 Indigenous communities and three international airports.

The RCMP's mandate is multifaceted and includes: preventing and investigating crime; maintaining peace and order; enforcing laws; contributing to national security; ensuring the safety of state officials, visiting dignitaries and foreign missions; and, providing vital operational support services to other police and law enforcement agencies within Canada and abroad.

The organization is subdivided into 16 divisions (ten provinces, three territories, National Division, Depot and National Headquarters in Ottawa), each of which is under the direction of a Commanding Officer or Director General. National Headquarters includes nine business lines and is structured as follows: Federal Policing; Contract and Indigenous Policing; Specialized Policing Services; Corporate Management and Comptrollership; Human Resources; Internal Audit and Evaluation; Legal Services; Professional Responsibility Sector; and, Strategic Policy and External Relations.

Access to Information and Privacy (ATIP) Branch

The RCMP established the ATIP Branch in 1983, as the central contact point for matters arising from both the ATIA and PA. The ATIP Branch falls within Strategic Policy and External Relations.

Traditionally, the Director of the ATIP Branch acts on behalf of the head of the institution as the Departmental ATIP Coordinator for the RCMP. The ATIP Coordinator ensures compliance with both the spirit and the intent of the ATIA and PA, as well as all associated regulations and guidelines. During this reporting period, the new Director General position of ATIP was also created, primarily tasked with leading the program's broad modernization effort.

As described below, the ATIP Branch is divided into two areas:

Policy Team

This team monitors and develops internal policies, procedures and guidelines for the collection, retention, disposition, use and disclosure of all personal and non-personal information for RCMP-wide applications. These dedicated professionals provide policy advice and expertise to the RCMP on access to information and privacy-related issues, including supporting the drafting and development of Privacy Impact Assessments (PIAs). The team also offers support within the program to the ATIP Branch analysts and the RCMP ATIP Coordinator, provides guidance to RCMP business lines and divisions across Canada with respect to the PA, the ATIA and related Treasury Board Secretariat (TBS) policies, directives and guidelines. In addition, the team reviews and creates internal policies that reflect TBS policies and directives as well as expectations of the Office of the Information Commissioner (OIC) and Office of the Privacy Commissioner (OPC) in order to meet its obligations in relation to Info Source: Sources of Federal Government and Employee Information and PIAs within the RCMP.

Disclosure Team (Operations)

This team processes all formal requests under both the ATIA and PA, including: working with requesters to discuss scope and clarity of their submissions; opening requests; and, tasking and receiving/importing records to and from Liaison Officers (LOs) within the RCMP's various business lines and divisions across the country. The team also reviews records and provides disclosed pages to requesters. As well, it processes informal access to information requests, and review, and respond to complaints received through both the OIC and OPC.

It must be mentioned that significant efforts were undertaken during fiscal year 2021-22 to restructure and modernize the reporting structure of the Branch. While these changes were not implemented during the reporting period, they will be firmly in place next year. An overview of these efforts can be found in Section 6 of this report.

When tasking requests, the ATIP Branch works closely with LOs and record holders, known as Office of Primary Interest (OPI). Some responsibilities of the LOs and OPI include:

Liaison Officers (LOs)

LOs are responsible for forwarding all ATIP requests to the appropriate personnel (i.e., OPIs) within their business lines or divisions. Other responsibilities include: tracking submissions to ensure responsive records are sent by OPIs to the ATIP Branch; ensuring responses are on time; and, documenting and communicating internal RCMP ATIP processes to all who facilitate the processing of requests.

Office of Primary Interest (OPI)

As the record holders, some of the OPIs' responsibilities include: providing electronic copies of the responsive records; reviewing records for duplication; ensuring that the information falls within the scope of the request; notifying the ATIP Branch if records are voluminous; and, advising the Branch or LO if an extension is required.

Delegation Order

The Departmental ATIP Coordinator has full authority to administer the legislation. A copy of the signed Delegation Order is included Appendix A. Of note, due to the reorganization of the Branch (see Section 6), this delegation order is being updated to reflect the new operational structure.

Performance

This section provides on overview of the RCMP's performance with respect to information requested under the ATIA for the 2021-2022 reporting year. The completed statistical report is found in Appendix B, and the supplemental statistical report is found in Appendix C.

During 2021-2022, the RCMP's ATIP Branch led the overall coordination of Bill C-58 proactive publication requirements for the RCMP. The ATIP Branch worked with various internal units, which were responsible for producing briefing materials to ensure that the RCMP met its legislative requirements.

The ATIP Branch also continued to work closely with its partners and stakeholders in finding solutions and reviewing processes to ensure that it responded to Canadians' requests in a satisfactory and timely manner.

Compliance

The ATIP Branch saw an increase in compliance for the number of requests closed within the legislated time frames under the ATIA. In the 2021-2022 fiscal year, compliance increased to 40.1% from 26.4% in the previous fiscal year. The increase is due, in part, to modifications in processes within the Branch, resulting in efficiencies and the utilization of contractors to complete files in order to address legislative compliance.

Requests received and closed

As noted in the statistical report in Appendix B, the RCMP received a total of 5,423 new requests under the ATIA in 2021-2022. In addition, there were 5,835 requests outstanding from the previous reporting periods for a total of 11,258 requests. Of these, 5,085 requests were completed and 6,173 carried over to the 2022-2023 fiscal year.

Generally, ATIA requests cover a variety of topics and can include information about contracts/program costs and expenses, information related to security issues, operational file material, as well as the management of the RCMP.

As demonstrated below, there has been a moderate increase in the number of requests received compared to the previous reporting period. Conversely, the number of requests closed for this reporting period increased by 48% compared to the previous fiscal year, and was 2% higher than the 2019-2020 fiscal year. This increase can be associated with the modernization of the program as well as to several process improvements and the assistance of consultants.

Sources of requests

During the 2021-2022 fiscal year, a total of 5,423 requests were received. The sources of these requests were as follows:

• 3,149 (58%) from the public;
• 1,272 (23%) from business;
• 275 (5%) from the media;
• 173 (3%) from organizations;
• 142 (3%) from academia; and,
• 412 (8%) declined to identify.

Pages processed

The ATIP Branch's level of output for the number of pages processed under the ATIA during the 2021-2022 fiscal year increased by 80% compared to the 2020-2021 fiscal year, and was 15% lower than the 2019-2020 fiscal year. The increase in 2021-2022 is attributable to the modernization of the Branch as well as to several process improvements and the assistance of consultants.

Completion time

The ATIP Branch was able to complete a total of 1,356 (27%) requests in 30 days or less. During the reporting period, 772 (15%) requests were completed within 31-60 days, 408 (8%) were completed in 61-120 days and 2,549 (50%) were completed in more than 120 days.

Extensions

Section 9 of the ATIA allows institutions to extend the statutory time limits to respond to a request beyond 30 days.

For the requests closed during the 2021-2022 reporting period, the RCMP sought a total of 1450 extensions under section 9(1)(a), which pertains to unreasonable interference with operations. A total of 11 extensions under section 9(1)(b), which pertains to necessary consultations were taken. No extensions under section 9(1)(c) were taken for third-party consultation. While the RCMP makes every effort to avoid extensions, the unique operating reality of the organization sometimes requires additional time to process requests. For example, during British Columbia's wildfires (August 2021 to September 2021) and floods (November 2021 to mid-January 2022), several detachments were structurally impacted at various levels, others had to close, and many were on Evacuation Alert. Extensions were therefore sought for all requests in these affected areas.

Consultations for other institutions

During the reporting period, the RCMP completed 375 consultations, totalling 32,661 pages reviewed. Of the 375 completed consultations, 292 were received from other Government of Canada institutions and 83 were from other organizations.

The number of consultations received and completed this reporting period has increased significantly. The RCMP assesses that this was due to the legacy of COVID-19 pandemic restrictions and the inability for other Government of Canada institutions to process requests during the first year of the pandemic, rather than an ongoing trend. The number of pages reviewed increased by 151% over the 2020-2021 reporting period and decreased by 50% compared to the 2019-2020 fiscal year.

Active outstanding requests from previous reporting periods

At the conclusion of the 2021-2022 fiscal year, a total of 6,173 requests were outstanding. Of those outstanding, 14% were carried over within legislated timelines, and 86% were carried over beyond legislated timelines. The fiscal years the carried over requests were received in are as follows:

• 2,993 (48.4%) received in 2021-2022;
• 1,975 (32%) received in 2020-2021;
• 534 (8.7%) received in 2019-2020;
• 328 (5.3%) received in 2018-2019;
• 275 (4.5%) received in 2017-2018;
• 51 (0.8%) received in 2016-2017; and;
• 17 (0.3%) received in 2015-2016 or earlier.

Active outstanding complaints from previous reporting periods

At the conclusion of the reporting period, a total of 373 complaints were outstanding. The fiscal years the outstanding complaints were received in are as follows:

• 263 (71%) received in 2021-2022;
• 39 (10%) received in 2020-2021;
• 36 (10%) received in 2019-2020;
• 8 (2%) received in 2018-2019;
• 5 (1%) received in 2017-2018;
• 14 (4%) received in 2016-2017; and;
• 8 (2%) received in 2015-2016 or earlier.

Training and awareness

Continuous learning is a priority for the RCMP and the ATIP Branch is no exception. ATIP Branch staff are encouraged to seek out relevant courses and other learning opportunities as a means to enhance their knowledge and to improve their skills. For the 2021-2022 reporting year, the ATIP Branch held regular information-sharing sessions where staff discussed files and shared best practices. Informal briefings were also held to advise staff of the implementation of new procedures to respond to the COVID-19 pandemic. As new technological tools were introduced to support remote collaboration during the pandemic, the RCMP was able to leverage these tools (particularly videoconferencing) to provide a number of training sessions to employees. In-house training and orientation was also provided to new ATIP Intake staff and virtual training was provided to ATIP LOs in several divisions and business lines across the country, including the Canadian Criminal Real Time Identification Services, Protective Policing, H Division (Nova Scotia) and J Division (New Brunswick).

During the reporting period, the ATIP Branch, in conjunction with the RCMP's Learning and Development Unit, produced the Access to Information and Privacy Fundamentals online course available to all categories of RCMP employees. In addition to increasing their knowledge of the ATIA and the PA, this course also provides employees with a better understanding of their responsibilities when responding to information requests and best practices when managing personal information. While only available for the latter part of the reporting period, the course was taken by over 1,800 personnel, representing approximately 6% of the overall workforce.

Policies, guidelines, procedures and initiatives

ATIP Modernization

In November 2020, the Information Commissioner of Canada released the results of a systemic investigation of the RCMP's ATIP program, entitled Access at issue: The need for leadership. The report was highly critical of the RCMP's ATIP program and identified fifteen (15) recommendations for improvement. Subsequently, the Minister of Public Safety issued a Direction to the RCMP to action the recommendations of the OIC's review and submit a strategy outlining a way forward to be developed in consultation with the TBS. In response, the RCMP developed a comprehensive strategy entitled Access Granted: Restoring Trust in the RCMP's Access to Information Program, supported by a concrete action plan, outlining initiatives to modernize the program.

The RCMP has already begun implementing the strategy and is committed to see it through over the course of the next five years. The clear objective is to increase compliance rates and enhance public transparency. The RCMP has posted the strategy, and is providing quarterly updates on the RCMP external website, and we encourage all Canadians to visit the site and monitor our progress at https://www.rcmp-grc.gc.ca/en/access-information-and-privacy-programs-modernization-strategy.

Over the reporting period, the RCMP has made significant progress in implementing the strategy. While more detail can be found on our external website, some key initiatives include:

• Restructure and reorganization of the ATIP Branch: As noted previously, the ATIP Branch is in the process of implementing a significant restructure and reorganization to ensure that it is bringing the necessary resources and leadership to meeting its obligations under the ATIA and the PA. The new structure separates the ATIP Branch into three streams as follows: Information (responsible for meeting ATIA obligations); Privacy Protection (responsible for meeting PA obligations); and, Operational Support (responsible for providing critical support services for the entire Branch, such as intake, quality assurance, training and operational policy). Each stream is led by a director, with the Branch now reporting to a Director General. These changes are bringing new personnel into the Branch with the ultimate objective of almost doubling in size over the next five years. While these changes were authorized during the reporting period, meaningful implementation did not commence until the 2022-23 fiscal year. The RCMP looks forward to providing more detail on this effort in our next annual report.
• New ways of working: The RCMP engaged PricewaterhouseCooper (PwC) to assist with its modernization efforts. Specifically, PwC performed a diagnostic review of the ATIP program, which included a Lean management approach to optimize the ATIP process for the program. Following the review, they rolled out the PERFORM training regime, which is designed to support culture and business process changes. Specifically, this training included the introduction to new skills and tools that were applied to day-to-day work. With the conclusion of the training in December 2021, surveys issued to personnel indicated increases in employee expectations on effective management of workloads, employee motivation and open communications about wellbeing. To ensure that new business processes continue, sustainability plans were created for the Branch and are monitored monthly and updated quarterly.
• Focus on training: As part of broader modernization efforts, the RCMP ATIP Branch aggressively promoted the new training course to personnel, which directly resulted in the positive enrollment rate. Additional efforts are underway to develop new training and course offerings for ATIP Branch personnel and the broader organization that will be in place for the next reporting period. In fact, expanding training delivery forms a key part of the Branch's human resources strategy for ATIP modernization, succession planning, and employee retention.
• Sharing best practices: The RCMP is not the only organization modernizing its ATIP programs; change is underway across the Government of Canada. In order to ensure that the RCMP was benefiting from the lessons learned and work underway by its partners, and that partners were aware of work underway at the RCMP, the RCMP created an interdepartmental working group to exchange best practices and identify areas for collaboration.

The ATIP Branch continued to review its processes to improve operational effectiveness. During the reporting period of 2021-2022, the ATIP Branch accomplished the following:

• Reviewed employee work arrangements due to the COVID-19 pandemic restrictions and established new telework agreements, as well as a reintegration protocol to allow more flexibility for its employees;
• Updated the Disclosure and Intake teams' standard operating procedures, which was part of the ATIP Branch's efforts to formalize its internal processes;
• Enhanced internal processes for facilitating the transfer of files within the RCMP, including the creation of national shared drives for classified information;
• Modified guidelines to address its on-time and backlog files, enabling processing efficiencies;
• Worked with business lines and divisional LOs to develop guidelines, standards and awareness communiques to further facilitate RCMP ATIP modernization, and implemented new regular meetings to resolve challenges as quickly as possible;
• Continued to lead the interdepartmental working group for the development of business continuity plans specifically for ATIP programs, which led to greater information sharing among the participating departments; and,
• Collaborated in monthly conferences with the OIC, resulting in streamlined processes.

Summary of key issues and actions taken on complaints or audits

Complaints and investigations

During this reporting period, the RCMP continued to work collaboratively with the OIC to address complaints as efficiently as possible. Following the publication of the OIC's systemic investigation in November 2020, into the RCMP and its ATIA practices, concrete steps were taken to review and update internal processes to help ensure the RCMP is meeting its obligations under the Act.

As identified in the OIC's annual report, https://www.oic-ci.gc.ca/en/resources/reports-publications/2021-2022-annual-report, the OIC experienced a significant influx of complaints during the reporting period. As the OIC worked diligently to respond and investigate these complaints, departments and agencies had to respond accordingly to support the OIC investigative process, and respond to the inquiries of the Agent of Parliament. The RCMP was no exception to this, and had to respond accordingly to ensure that it was meeting its expectations. As part of this modernization strategy, a team of analysts dedicated to complaints was formed. Comprised of six employees, including consultants, the ATIP Branch's complaints team enabled the RCMP to respond more efficiently to complaints received through the OIC. This new unit is not only ensuring robust response to the OIC, but also working proactively to identify and address issues before a complaint is made. Further, as part of its commitment to demonstrating leadership in resolving ATIP challenges, senior executives were actively involved in the complaint management process, including its written engagements with the OIC.

Section 8 of the Statistical Report Appendix B provides data on the complaints received and closed. Specifically, for the 2021-2022 reporting period, the RCMP received and provided the following under the ATIA:

Section 32

The RCMP received 456 notices, which represents nearly 9% of all requests closed during the reporting period. The majority of the complaints received relate to delays, where the RCMP was unable to respond within 30 days and therefore considered in deemed refusal in accordance with the Act. Under this section, the OIC formally notifies the institution of their intent to investigate a complaint received.

Section 30(5)

The RCMP received 30 notices. Under this section, if the OIC refuses or ceases to investigate a complaint, it notifies the complainant, the institution and, if applicable, any third party and the Privacy Commissioner.

Section 35

The RCMP provided 122 formal representations. Under this section, the OIC provides an opportunity to institutions to provide representation to an ongoing complaint investigation.

Section 37

The RCMP received nine initial reports. Under this section, the OIC finds that the complaint is well founded and provides the institution the findings of their investigation, specific recommendations to remedy the issue, and when appropriate, a specific time frame that the OIC can expect a plan to implement the recommendations. The institution must then decide on whether to implement the recommendations.

Court action

Three court proceedings were actioned with respect to access requests processed within this current fiscal year, and three were concluded during the reporting period and dismissed.

Monitoring compliance

The ATIP Branch monitors compliance through weekly and monthly statistical reports, which include compliance rate, the number of files completed on time and those that are delayed, as well as complaints. Performance Dashboards to further identify trends and assist the ATIP Branch in strategically developing efficiencies were also created. The Branch's Management team reviews the weekly and monthly reports to manage workload and to determine any upcoming issues where processes could be improved. The reports are provided to the RCMP's Chief Strategic Policy and External Relations Officer (CSPERO), the Chief Administrative Officer (CAO) and the Commissioner in an effort to improve accountability.

The ATIP Branch is currently working to bolster its data reporting function by onboarding new technology and processes. This new technology will enable the ATIP Branch to be more strategic and transparent, by automatically capturing pertinent data to assist the ATIP Branch with its planning and public reporting as well as to identify areas where efficiencies may be found.

Reporting on Access to Information fees for the purposes of the Service Fees Act

Under the ATIA, the head of a government institution may charge a fee for access to information services. The fee is not to exceed the cost of providing the service. In accordance with the Interim Directive on the Administration of the ATIA, the RCMP waives all fees prescribed by the Act and Regulations, other than the $5.00 application fee set out in paragraph 7(1)(a) of the Regulations. Under the ATIA, the head of the institution may also waive the fee or a part of a fee or may refund a fee or a part of a fee paid.

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 ATIA, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.

The $5.00 application fee is the only fee charged for an ATIA request. For the 2021-2022 reporting period, the RCMP collected a total revenue of $26,325 for 5,265 access requests and waived fees in the amount of $1,235 for 247 access requests. This was largely the result of the inability to deposit the fees in a timely manner due to COVID-19 pandemic restrictions.

The cost to operate the access to information segment of the RCMP's ATIP Branch for 2021-2022 is $5.03 million.

Appendix A - Delegation Order

Access to Information Act and Privacy Act Delegation Order

The Minister of Public Safety and Emergency Preparedness, pursuant to section 73 of the Access to Information Act and of the Privacy Act, hereby designates the persons holding the position set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers and functions of the Minister as the head of a government institution, that is, the Royal Canadian Mounted Police, under the section of the Act set out in the Schedule opposite each position. This designation replaces and nullifies all such designations previously signed and dated by the Minister.

Signed, at the City of Ottawa, this 4 day of December, 2015

The Honourable Ralph Goodale, P.C., M.P.
Minister of Public Safety and Emergency Preparedness

Appendix B – Statistical Report on the Access to Information Act

Name of institution

Royal Canadian Mounted Police

Reporting period

April 1, 2021 to March 31, 2022

Section 1: Requests under the Access to Information Act

Section 2: Informal requests

Section 3: Applications to the Information Commissioner on declining to act on requests

Section 4: Requests closed during the reporting period

4.5 Complexity

4.6. Closed requests

4.7 Deemed refusals

Section 5: Extensions

Section 6: Fees

Section 7: Consultations received from other institutions and organizations

Section 8: Completion time of consultations on cabinet confidences

Section 9: Investigations and reports of finding

Section 10: Court action

Section 11: Resources related to the Access to Information Act

Note: Enter values to three decimal places.

Appendix C - Supplemental Statistical Report on the Access to Information Act

Statistical Report on the Access to Information Act

Section 1: Capacity to receive requests

Section 2: Capacity to process records

Section 3: Open Requests and Complaints Under the Access to Information Act

Date modified:

2022-12-05