Annual Report to Parliament on the Administration of the Access to Information Act 2022-2023

Alternate format: Annual Report - Access to Information Act - 2022 to 2023 (PDF, 2.3 MB)

Pursuant to subsection 94(1) of the Access to Information Act, this document contains the Annual Report to Parliament on the Administration of the Access to Information Act for 2021 to 2022 as submitted by the Minister of National Defence.

Table of contents

Introduction

The purpose of the Access to Information Act is to provide a right of access to information in records under the control of a federal government institution 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.

This is the tenth annual report prepared by the Communications Security Establishment (CSE) and tabled in Parliament in accordance with section 94 of the Access to Information Act and section 20 of the Service Fees Act. It presents an overview of the agency’s activities and describes how the Access to Information and Privacy (ATIP) Office carried out its responsibilities under the Access to Information Act during the reporting period 1 April 2022 to 31 March 2023.

Mandate of the Communications Security Establishment

On August 1st, 2019, the Communications Security Establishment Act (CSE Act) entered into force as part of Bill C-59 (An Act respecting national security matters). The CSE Act sets out the five (5) aspects of CSE’s mandate:

  • helping to protect and defend Canada’s most important cyber systems;
  • acquiring foreign intelligence in support of the Government of Canada’s intelligence priorities;
  • conducting defensive foreign cyber operations;
  • conducting active foreign cyber operations; and
  • providing technical and operational assistance to federal law enforcement and security agencies, the Canadian Forces and the Department of National Defence.

The CSE Act provides CSE with a modern set of authorities and an enhanced accountability framework with new oversight and review functions.

Organizational structure

The ATIP Office is part of the Transparency and Information Sharing group in CSE’s Authorities, Compliance and Transparency (ACT) Branch. As noted in the previous annual report, this new restructuring was part of CSE’s strategic goal to uphold the highest standards of compliance, lawfulness, and respect for the privacy of Canadians.

The Access to Information and Privacy Offices include a manager responsible for eleven (11) full-time positions working in two (2) separate teams: ATIP Operations and, Privacy Policy and Governance. At the end of the reporting period, the ATIP Operations team consisted of one (1) supervisor and six (6) analysts, while the Privacy Policy and Governance team consisted of one (1) supervisor, three (3) analysts and two (2) coop students.

In addition to preparing reports for Parliament and Treasury Board Secretariat (TBS), the ATIP Office acts on behalf of CSE as the delegated authority in dealings with TBS, and representatives of the federal Information and Privacy Commissioners regarding CSE’s administration of the Access to Information Act and Privacy Act.

Specifically, the ATIP Operations team is responsible for the following activities:

  • Processing requests under the Access to Information Act and Privacy Act;
  • Responding to consultation requests from other government institutions;
  • Providing advice and guidance to senior management and staff of CSE on ATIP legislation and policy-related matters;
  • Supporting CSE’s legislative compliance obligations under the Acts, including the application of their associated regulations, policies and guidelines;
  • Representing CSE in ATIP Communities of practice, such as the TBS ATIP Community meetings;
  • Drafting and implementing internal ATIP procedures, guidance documents and working aids; and,
  • Providing training and other outreach initiatives to CSE staff on the administration of the Access to Information Act and the Privacy Act.

The Privacy Policy and Governance team is responsible for the following activities:

  • Providing advice and guidance to senior management and staff of CSE on privacy legislation and policy-related matters;
  • Providing expert privacy advice and assistance to business lines in the preparation of Privacy Impact Assessments, privacy breach management, drafting of Privacy Notice Statements, and maintenance of Personal Information Banks;
  • Supporting CSE’s legislative compliance obligations under the Acts, including the application of their associated regulations, policies and guidelines;
  • Representing CSE in privacy protection communities of practice;
  • Coordinating the annual update of the institution’s Info Source publication, which includes a description of the agency’s organizational structure and record holdings;
  • Drafting and implementing privacy-related policies, internal procedures, guidance documents and working aids; and,
  • Providing training and other outreach initiatives to CSE staff on the administration of the Privacy Act with regards to the protection of personal information.

Part 2: Proactive publications

Part 2 of the Access to Information Act outlines the need for government departments to proactively disclose information to the Canadian public. Although CSE handles a lot of sensitive, classified information, the organization is not exempt from these requirements and is committed to disclosing information where possible.

CSE’s Strategic and Policy’s Parliamentary Affairs unit is primarily responsible for preparing material that must be proactively disclosed, such as briefing binders for the Chief’s parliamentary committee appearances and transition material for a new Chief. This unit also supports the Department of National Defence’s publication of Question Period notes and/or transitional material for a new Minister as needed. Before these documents are posted on CSE’s website and the Government of Canada’s Proactive Disclosure site, CSE’s ATIP Operations team reviews all materials for sensitive, classified information that would be exempted or excluded should this information be requested under Part 1 of the Access to Information Act.

The CSE ATIP Operations team is responsible for the publication of reports tabled in Parliament which includes the ATIA and PA annual reports as well as the monthly publication of briefing notes to the Chief, CSE.

Delegation order

The delegation order in effect at the end of 2022-2023 reflects an earlier organizational structure at CSE and a copy can be found in Appendix I of this report. The then-Minister of National Defence, the Honourable Harjit Sajjan, delegated all authorities under section 95 of the Access to Information Act to the Deputy Chief, Policy and Communications, the Director General, Policy, Disclosure and Review, the Director, Disclosures and Information Sharing, and to the Manager, Disclosures. He also delegated limited authorities to the Supervisor, Access to Information and Privacy Operations. CSE is in the process of following up with the office of the current Minister of National Defence (the Honourable Bill Blair) on an updated delegation order which reflects recent changes to CSE titles and positions.

Performance 2022-2023

CSE’s 2022-2023 Statistical Report on the Access to Information Act and Supplemental ATIP Statistical Report for 2022-2023 (both of which were previously validated by TBS) can be found in Appendix II.

Number and origin of formal requests

During the 2022-2023 reporting period, CSE received 51 requests under the ATIA (compared to 51, 41, 85, and 66 in 2021-2022, 2020-2021, 2019-2020, and 2018-2019 respectively) which is the same as the 2021-2022 reporting period and an overall decrease from the last several reporting periods. CSE carried over an additional 50 requests from the previous reporting period and 99 from other periods into 2022-2023 for a total of 200. By the end of the 2022-2023 fiscal year, CSE closed 54 requests and carried-forward 146 requests into the next reporting period. As in previous years, the requests covered information that included highly sensitive material, for which complex processing is required. This significant increase in CSE’s request closure rate can be attributed to the lifting of the COVID-19 restrictions as staff had full access to CSE facilities to search and/or review classified systems and material. Requests from media decreased from 63% in 2021-2022 to 35% in 2022-2023. Requests from the public and academia made up 35% (an increase from 18% in the previous fiscal year) and 27% (up from 15%) of the total requests received respectively. 2% of requestors declined to identify.

Table: Received Requests - Long description follows
Long description - Table: 1
Table: Received requests
Year 2018 to 2019 2019 to 2020 2020 to 2021 2021 to 2022 2022 to 2023
Access 66 85 41 51 51
Access consultations 107 152 65 92 79
 

Disposition of completed requests

CSE closed 54 requests during this reporting period. Of these, three (3) (6%) were disclosed in full, twenty-two (22) (41%) were disclosed in part, and one (1) (2%) was fully exempted. There were sixteen (16) cases in which no records existed, and ten (10) requests were abandoned by the applicants. The closed requests encompassed 5,309 pages processed, a large jump from the 1,200 pages processed in 2021-2022. This increase in pages processed can be attributed to the lifting of COVID-19 protocols which allowed staff to work on sensitive materials in the office.

Table: Closed requests - Long description follows
Long description - Table: 2
Table: Closed requests
Source 2018 to 2019 2019 to 2020 2020 to 2021 2021 to 2022 2022 to 2023
Access 61 69 20 14 54
Access consultations 96 108 55 82 90
 
Table: Disposition of completed requests - Long description follows
Long description - Table: 3
Table: Disposition of completed requests
Disposition 2018 to 2019 2019 to 2020 2020 to 2021 2021 to 2022 2022 to 2023
All disclosed 7% 4% 0% 14% 6%
Disclosed in part 61% 72% 55% 57% 41%
All exempted 2% 0% 0% 0% 2%
All excluded 0% 0% 0% 0% 0%
No records exist 16% 12% 20% 21% 30%
Request abandoned 3% 6% 15% 7% 19%
Neither confirm nor denied 11% 3% 10% 0% 2%
Request transferred 0% 3% 0% 0% 2%
 

Neither confirm nor deny

Section 10(2) of the Act states that institutions do not have to disclose to a requester whether a record exists. Section 10(2) was designed to address situations in which the mere confirmation of a record’s existence (or non-existence) would reveal information that could be protected under the Act. Access to information best practices recommend that the application of section 10(2) be limited to circumstances where the confirmation or denial of the existence of a record would be injurious to Canada’s foreign relations, the defence of Canada, law enforcement activities, the safety of individuals, or the possible disclosure of personal information. When notifying a requester that it is invoking this provision, institutions must also indicate the part of the Act on which a refusal could reasonably be expected to be based if the record existed. The application of subsection 10(2) was used once during the 2022-2023 reporting period.

Completion time

Ten (10) requests made under the ATIA were closed within legislated timelines in the 2022-2023 reporting period. These ten (10) requests represent 19% of the total completed requests. Two (2) of these requests were closed outside the initial 30 days because of extensions taken based on the need for external consultations. CSE closed eight (8) requests within 1-30 days; five (5) between 31 and 60 days; twelve (12) between 61 and 120 days; five (5) between 121 and 180 days; ten (10) between 181 and 365 days; and fourteen (14) took more than 365 days to process. 146 requests were carried forward into 2023-2024 compared to 149 from 2021-2022 into 2022-2023. While this is a slight decrease from the previous reporting period, CSE will endeavour to continue to improve on the timeliness of responses. In general, the requests received during 2022-2023 involved information of a highly sensitive nature, resulting in greater complexity in fulfilling them. Of the total request carried over into 2023-2024, 28 (19%) were received during the 2022-2023 reporting period.

Table: Open requests outstanding from previous reporting periods
Reporting period received Within legislated timelines Beyond legislated timelines Total
2013 to 2014 or earlier 0 3 3
2014 to 2015 0 8 8
2015 to 2016 0 4 4
2016 to 2017 0 18 18
2017 to 2018 0 17 17
2018 to 2019 1 8 9
2019 to 2020 0 17 17
2020 to 2021 1 15 16
2021 to 2022 0 26 26
2022-2023 7 21 28
Total 9 137 146
Table: Completion Time - Long description follows
Long description - Table: 4
Table: Completion time
Completion time 2018 to 2019 2019 to 2020 2020 to 2021 2021 to 2022 2022 to 2023
Closed within 30 days 43% 41% 20% 14% 15%
31 to 60 days 26% 26% 15% 14% 9%
61 to 120 days 21% 20% 15% 7% 22%
121 to 180 days 3% 4% 10% 14% 9%
181 to 365 days 5% 6% 25% 7% 19%
More than 365 days 2% 3% 15% 43% 26%
 

Exemptions to the release of information

The exemption most applied by CSE was subsection 15(1) - Defence of the Access to Information Act. It was applied to protect information which could be reasonably expected to be injurious to the defence of Canada on twenty-four (24) requests. Subsection 15(1) – International Affairs was also used three (3) times to protect information that could be injurious to the conduct of international affairs. Other frequently used exemptions that were applied throughout the course of the fiscal year are paragraphs 16(2)(c), information relating to the vulnerability or methods used to protect particular buildings or other structures or systems; 19(1), personal information of individuals; 21(1)(b), an account of consultations or deliberations in which directors, officers or employees of a government institution, a minister of the Crown or the staff of a minister participate; and 23, information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

Table: Exemptions Applied (%) - Long description follows
Long description - Table: 5
Table: Eaxemptions applied (%)
(based on # of requests where exemptions were applied)
Disposition 2018 to 2019 2019 to 2020 2020 to 2021 2021 to 2022 2022 to 2023
13(1)(a) 0% 8% 9% 0% 9%
13(1)(c) 0% 0% 0% 0% 9%
15(1) 3% 4% 0% 13% 0%
15(1) - Def 100% 98% 100% 100% 100%
15(1) - I.A. 21% 21% 36% 13% 13%
16(2)(c) 32% 46% 73% 25% 48%
17 0% 0% 0% 0% 4%
19(1) 37% 27% 36% 63% 30%
20(1)(b) 0% 4% 0% 25% 4%
20(1)(c) 0% 2% 0% 0% 4%
21(1)(a) 11% 15% 27% 0% 26%
21(1)(b) 18% 15% 27% 0% 22%
21(1)(c) 3% 2% 0% 0% 4%
21(1)(d) 5% 4% 18% 0% 9%
22 5% 2% 0% 0% 9%
23 5% 4% 45% 0% 26%
24(1) 0% 0% 0% 0% 4%
 

Extension of the time limit

There were two (2) extensions taken pursuant to paragraph 9(1)(a) of the Access to Information Act. CSE claimed seven (7) extensions under 9(1)(b) to conduct consultations that could not reasonably be completed within the original time limit and two (2) extensions under paragraph 9(1)(c) to conduct third party consultations in accordance with subsection 27(1) of the Act. This increase from the 2021-2022 reporting period can be attributed to the lifting of restrictions due to the pandemic, enabling the ATIP Operations team and the OPIs to retrieve and review records so that appropriate extensions could be taken withing legislated timelines.

Consultations

CSE was consulted on 79 requests during this fiscal year compared to 92 for the previous reporting period. Other federal government institutions accounted for all 79 of the consultations while none were received from non-federal government organizations. In addition to the 79 new consultations, 107 were carried over from 2021-2022, resulting in 186 ongoing consultation requests in 2022-2023. CSE closed 90 consultations with a total of 4,666 pages. 96 consultations have been carried over into 2023-2024. Consultation requests for records of historical nature (for example during the Cold War era) continue to contribute to the volume of consultations. These historical consultation requests comprise 79 of the 96 consultations carried over into 2023-2024. The historical requests are voluminous in nature and have impacted the ATIP Operations team’s ability to close other requests in a timely fashion.

Of the 90 consultations closed, six (6) were closed between 1-15 days; fourteen (14) in 16-30 days; twenty-two (22) in 31-60 days; twenty-one (21) between 61-120 days; five (5) in 121-180 days; fourteen (14) in 181-365 days; and eight (8) took more than 365 days.

Requests treated informally

CSE closed 19 out of 22 informal requests during this reporting period and carried over 3 into the next reporting period. CSE responded to thirteen (13) requests between 1-15 days; two (2) requests between 16 to 30 days; and four (4) took more than 365 days.

Complaints, judicial review and audits

Individuals who are not satisfied with the processing of their access to information request can file a complaint with the Office of the Information Commissioner of Canada (OIC).

  • The OIC notified CSE of seven (7) complaints in 2022-2023 and closed three (3) complaints against CSE. CSE provided information to the OIC in relation to all complaints as requested.
  • Six (6) of the complaints received during the reporting period were a result of delays in responding to requests. Three (3) were received in January 2023 and the remaining three (3) in March of 2023. CSE responded to one (1) of these requests in March of 2023 resulting in the OIC discontinuing the complaint as it was deemed unnecessary due to the response being provided to the requester. The five (5) remaining complaints were carried forward into 2023-2024.
  • The seventh complaint, received in March of 2023, alleged that CSE had improperly applied exemptions, to unjustifiably deny access to records, or portions thereof, requested under the ATIA. CSE provided requested information to the OIC and is waiting on the assignment of an investigator to the file. This complaint was also carried forward into 2023-2024
  • Three (3) closed complaints noted above consist of two (2) carried over from the previous reporting period and one (1) that was received in 2022-2023. All three (3) were delay complaints. In addition to the complaint noted above where the OIC ceased to investigate, the two (2) other delay complaints were found to be well-founded, with orders.
  • The six (6) remaining complaints received in the current reporting period are detailed above. CSE has made representations to the OIC on all active complaints and will continue to work with the OIC to resolve them. The remaining active complaints at the end of the reporting period were received in 2017-2018 and 2021-2022 respectively.
  • At the end of 2022-2023, the OIC had eight (8) complaints pending with CSE. CSE continues to work closely with the OIC to resolve complaints in an efficient manner.
Active complaints from previous reporting periods
Reporting period received Number of open complaints
2013 to 2014 or earlier 0
2014 to 2015 0
2015 to 2016 0
2016 to 2017 0
2017 to 2018 1
2018 to 2019 0
2019 to 2020 0
2020 to 2021 0
2021 to 2022 1
2022 to 2023 6
Total 8

Training and awareness

CSE is committed to the ongoing learning and development of its employees and has put a special emphasis on reaching new hires by delivering ATIP training to incoming co-op students. All new employees are required to complete ATIP training during the on-boarding process.

The ATIP Operations team provided the following training to approximately 18 CSE staff members on ATIP and their responsibilities and reached out to Offices of Primary Interest (OPI) as required. In addition to these, the ATIP Operations team delivered 8 informal one-on-one training sessions upon request in the reporting period.

CSE has taken a tailored approach to training Subject Matter Experts (SME) on their legislative requirements, roles, and responsibilities. Following this training, the ATIP Office regularly met with SMEs to respond to questions to facilitate their review of CSE information.

Representatives from the ATIP Office also participated in three internal CSE Career Fairs (two in-person and one virtual) to provide information to employees across the organization about the importance of ATIP in the Government of Canada.

CSE encourages employees to take Canada School for Public Service (CSPS) ATIP training courses and the ATIP Office continues to make educational resources available via a dedicated page on the internal web. New employees are required to complete an online training session “Access to Information and Privacy Fundamentals” within three months of their start date.

Policies, guidelines, and procedures

CSE did not introduce any new policies, guidelines, or procedures to comply with any new Treasury Board of Canada Secretariat policies and directives or in response to issues raised by the Office of the Information Commissioner or other Agents of Parliament. However, the ATIP Operations team did implement some measures to increase efficiencies.

The ATIP Operations team continues to seek new opportunities to improve the efficiency and timeliness of processing requests. In fiscal year 2022-2023, the team created several internal documents to ensure consistency and continuity in processing requests as the team welcomed new staff members. This included an ATIP Manual outlining how to respond to access requests, access consultations, privacy requests and privacy consultations; and flow charts illustrating the ATIP Operations team’s processes.

The team is also actively recruiting new hires both internal and external to the federal government. It is important to note though that CSE’s hiring process is conducted in three phases which can take anywhere from 6-12 months thereby making it challenging to respond quickly to staffing needs.

Proactive Publication under Part 2 of the ATIA

CSE is a government institution as defined in section 3 of the Access to Information Act and in Schedule I.1 of the Financial Administration Act. CSE is subject to sections 82 to 88 of the ATIA, except for section 85. CSE also supports the Department of National Defence in their compliance with sections 74 (a) and (c) as needed.

CSE posts briefing material to the Chief, CSE (deputy head) to Open.Canada.ca. Reports tabled in Parliament and briefing material for the Chief in support of parliamentary committee appearances as well as briefing material (transition binder) for a new Chief are published on CSE’s public website.

CSE does not currently disclose travel and hospitality expenses, contracts over $10,000 or grants and contributions over $25,000. CSE is required under legislation to disclose this information and is currently developing processes to ensure that the release of travel locations and business partnerships is not injurious to national security.

Legislative requirement Section Publication timeline
All government institutions as defined in section 3 of the Access to Information Act
Travel expenses
CSE does not proactively disclose.
82 Within 30 days after the end of the month of reimbursement
Hospitality expenses
CSE does not proactively disclose.
83 Within 30 days after the end of the month of reimbursement
Reports tabled in Parliament
CSE's ATIP office is responsible for meeting the proactive disclosure requirements.
84 Within 30 days after tabling
Government entities or Departments, agencies, and other bodies subject to the Act and listed in Schedules I, I.1, or II of the Financial Administration Act
Contracts over $10,000
CSE does not proactively disclose
86 Q1-3: Within 30 days after the quarter
Q4: Within 60 days after the quarter
Grants and contributions over $25,000
CSE does not proactively disclose
87 Within 30 days after the quarter
Packages of briefing materials prepared for new or incoming deputy heads or equivalent
CSE’s ATIP office is responsible for reviewing these documents and redacting sensitive, classified information to meet the proactive disclosures requirements.
88(a) Within 120 days after appointment
Titles and reference numbers of memoranda prepared for a deputy head or equivalent, that is received by their office
CSE’s ATIP office is responsible for providing this information to meet the proactive disclosures requirements.
88(b) Within 30 days after the end of the month received
Packages of briefing materials prepared for a deputy head or equivalent’s appearance before a committee of Parliament
CSE’s ATIP office is responsible for reviewing these documents and redacting sensitive, classified information to meet the proactive disclosures requirements.
88(c) Within 120 days after appearance

Following a committee appearance, CSE’s Parliamentary Affairs sends the preparatory binder to ATIP for consultation. ATIP will recommend any necessary redactions and a Parliamentary Affairs analyst will apply them accordingly.

Following ATIP’s response to the consultation, the analyst sends the binder to Linguistic Services to have each document translated. Since there are several binders, many items in the binders may be identical or similar to previous binders that have been published, or that are seeking to be published. In that case, the analyst makes sure to highlight the similarities and differences between each item and identifies them to our Linguistic Services team. If the document has already been translated, this alleviates any duplication of work. Once Linguistic Services returns the French translated documents, the analyst verifies if the document (formatting, content, etc.) aligns with the English binders, before sending it to the Web Team for publication.

Prior to sending a request to the Web Team to have the binder published, the analyst includes each document found in the binder into a Word document in effort to compile the documents and facilitate accessibility for the Web Team. The analyst also fills out a publication template to meet the Web Team’s requirements to proactively disclose the briefing material. The Web Team is also notified if there are any similarities or differences between binders.

Lessons Learned include:

  • Reviewing materials to determine duplicative materials saves time for each of the Linguistic Services, ATIP, and Web teams.
  • It is critical to begin the proactive disclosure process as soon as materials are finalized.

When preparing binders, it is critical to ensure they are designed with accessibility in mind to ensure all Canadians will be able to access them. Bill C-58 requires briefing packages for Parliamentary Committee appearances to be published 120 calendar days following the appearance. Although CSE was unable to publish preparatory binders within the 120-days timeline required under Bill C-58, CSE disclosed four binders in the 2022-23 fiscal year. These four binders are the following:

CSE was unable to meet the legislative deadline, due to the volume of materials and time constraints with the proactive disclosure process, including translation and working to ensure accessibility on the CSE and Open Government websites.

The CSE ATIP Operations Team is responsible for the publication of briefing notes to the Chief, CSE monthly. Once retrieved, the list of briefing notes is reviewed for redactions which are then confirmed by the subject matter experts and the Chief’s Office. The finalized list is translated and published to Open.Canada.ca as indicated above.

Initiatives and projects to improve Access to information

CSE proactively publishes ATIA request summaries, reports and other publications to the Open Gov portal as well as other material on its own external site. Visitors to CSE’s main external site can also find information on the laws and authorities that govern CSE’s activities, oversight and review bodies that ensure CSE activities comply with the law, steps on how to make an official complaint to the Chief of CSE, and laws and policies CSE follows to protect the privacy of Canadians.

CSE is also part of the National Security Transparency Commitment which strives to increase Canadians’ understanding of what the Government does to protect national security, how the Government does it, and why such work is important.

The ATIP Operations team works in conjunction with CSE’s Open Government unit to promote transparency and information sharing to the Canadian public. The former is responsible for posting ATIP request summaries and coordinating the review of material for publication under Part 2 of the Act while the latter works within the organization to identify datasets that can be shared publicly while not specified for publication under the Act.

CSE’s Open Government unit works to promote a culture of openness and transparency across the organization by proactively accelerating the release of data and information of value to the public. The unit performs two uploads a year (September and March) to the Open Government website. Documents may include, for example, datasets which contain human resources and financial information and CSE’s Annual Report. While CSE does primarily handle sensitive information, the organization is committed to finding new and innovative ways to share information of interest to Canadians.

CSE hosted its annual Open Government Week May 16-20, 2022, (Open by Design) which promoted training and learning tools for CSE employees and information on how to tell if a document is a good candidate for open government. CSE has designed a guide to help CSE employees determine the eligibility of assets for release onto the GC Open Government Portal.

As part of Open Government Week 2022, CSE shared that in addition to its previously posted 187 datasets and information; CSE released 5 new datasets and 25 new publications to the Open Government Portal. In January 2022, the Open Government Portal set a record for monthly usage with more than 250,000 visits and over 128,000 downloads.

CSE also follows internal procedure for posting information to the Open Government portal which includes review by ATIP, Legal Services and Security and approval by the CSE Open Government Group and Director General.

CSE has continued to improve processes by using the ATIP Online Management Tool (AOMT) which replaced the ATIP Online Request Service (AORS) in this reporting period. The AOMT is a centralized website developed by TBS that enables users to complete access to information requests and submit them to any of the institutions that are subject to the Government of Canada’s Access to Information Act. CSE received 44 requests via this service, representing approximately 86% of the total requests received. This is a decrease from 90% in 2021-2022. The remaining 14% of requests were received by regular mail.

It is important to note that the ATIP Operations team also supports the work of the National Security Intelligence Review Agency (NSIRA), the National Security and Intelligence Committee of Parliamentarians (NSICOP), and the Intelligence Commissioner (IC) by reviewing their documents, which contain sensitive CSE information, and providing unclassified versions that can be shared openly with the public.

There has been an increase in non-ATIP related requests which has impacted the time our team can devote to access and privacy requests. This time is not represented in the statistical reporting, but accounts for approximately 1.36 FTE for the reporting period.

Reporting on Access to information fees for the purposes 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 payable: $5.00 application fee is the only fee charged for an ATI request
  • Total revenue: $255.00
  • Fees waived or refunded: 0
  • Cost of operating the program: $607,755.00

Monitoring compliance

Using our case management software, the ATIP Office continues to produce reports on the time taken to process requests. These reports are shared with our ATIP Coordinator throughout the fiscal year. The ATIP Operations team tracks all requests and reports bi-weekly to the team manager on any issues and/or delays in processing requests. This provides an opportunity for the manager to triage requests or allocate resources, for example, to meet legislated timelines. CSE’s Executive Committee (made up of DM and ADM level executives) is also informed of the status of Access to Information Act requests on a weekly basis.

Like many other government departments, CSE is experiencing a backlog in responding to requests for information. The ATIP Operations team has implemented mechanisms and tools to address this backlog such as the team’s bi-weekly tracker for requests for information and access consultations. The ATIP supervisor and manager are briefed every two weeks on the number of new requests, closed requests, and are alerted to any backlogs by ATIP analysts. This is an opportunity to discuss how best to triage requests and allocate resources as required to meet legislated timelines.

As mentioned earlier, the ATIP Operations team reviews any proactively published information for anything that would be injurious. The Strategic Policy and Planning team then reviews for accuracy and completeness of the information before it is shared with CSE’s web team for publication. Prior to publication of proactively published information, CSE prepares a briefing note for the Chief, CSE (Deputy Minister) for final approval. The Chief reviews the material that will be published prior to it being posted on the webpage. For each new preparatory binder that is proactively disclosed, the Parliamentary Affairs team monitors and reviews similarly disclosed materials to ensure overall consistency.

The following statement is referenced in all contracts issued by or on behalf of CSE regarding access to information:

CSE ensures the right of public access in its contracts by including a clause indicating that records created by the Contractor, and under the control of Canada, are subject to the Access to Information Act.

The Contractor acknowledges the responsibilities of Canada under the Access to Information Act and must, to the extent possible, assist Canada in discharging these responsibilities. Furthermore, the Contractor acknowledges that section 67.1 of the Access to Information Act provides that any person, who destroys, alters, falsifies or conceals a record, or directs anyone to do so, with the intent of obstructing the right of access that is provided by the Access to Information Act is guilty of an offence and is liable to imprisonment or a fine, or both.

Appendix I: Delegation of Authority

Communications Security Establishment

Access to Information Act Delegation Order

The Minister of National Defence, pursuant to section 73 or the Access to information Act, hereby designates the persons holding the positions set out below, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Minister of National Defence as the head of the Communications Security Establishment, under the provisions of the Access to information Act and related regulations set out below for each position.

  • Chief, Communication Security Establishment: joint authority under subsection 20(6) (public interest disclosure) with the Deputy Chief, Policy and Communications.
  • Deputy Chief, Policy and Communications: full authority, except joint authority under subsection 20(6) (public interest disclosure) with the Chief, Communications Security Establishment.
  • Director General, Policy, Disclosure and Review: full authority, except for paragraph 20(6) (public interest discloure).
  • Director, Disclosures and Information Sharing: full authority, except for subsection 20(6) (public interest disclosure).
  • Manager, Disclosures: full authority, except for subsection 20(6) (public interest disclosure).
  • Supervisor, Access to Information and Privacy Operations: subsection 7(a) only when no record exists (notice) section 9 (extension of time limits), section 11 (fees), sections 27 and 28(consultation to third party documents).

This delegation order replaces all previous delegation orders.

Dated at Ottawa, this 26th day of April 2018.

Original signed by:
The Hon. Harjit S. Sajjan, PC,OMM. MSM. CD. MP

Appendix II: Statistical report

Statistical Report on the Access to Information Act

Name of institution: Communications Security Establishment

Reporting period: 2022-04-01 to 2023-03-31

Section 1: Requests under the Access to Information Act

1.1 Number of requests
Period Number of requests
Received during reporting period 51
Outstanding from previous reporting periods 149
  • Outstanding from previous reporting period: 50
  • Outstanding from more than one reporting period: 99
Total 200
Closed during reporting period 54
Carried over to next reporting period 146
  • Carried over within legislated timeline: 9
  • Carried over beyond legislated timeline: 137
1.2 Sources of requests
Source Number of requests
Media 18
Academia 14
Business (private sector) 0
Organization 0
Public 18
Decline to identify 1
Total 51
1.3 Channels of requests
Source Number of requests
Online 44
E-mail 0
Mail 7
In person 0
Phone 0
Fax 0
Total 51

Section 2: Informal requests

2.1 Number of informal requests
Period Number of informal requests
Received during reporting period 18
Outstanding from previous reporting periods 4
  • Outstanding from previous reporting period: 2
  • Outstanding from more than one reporting period: 2
Total 22
Closed during reporting period 19
Carried over to next reporting period 3
2.2 Channels of informal requests
Source Number of requests
Online 17
E-mail 1
Mail 0
In person 0
Phone 0
Fax 0
Total 18
2.3 Completion time of 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
13 2 0 0 0 0 4 19
2.4 Pages released informally
Fewer than 100
pages released
100-500
pages released
501-1000
pages released
1001-5000
pages released
More than 5000
pages released
Number of requests Pages released Number of requests Pages released Number of requests Pages released Number of requests Pages released Number of requests Pages released
0 0 0 0 0 0 0 0 0 0
2.5 Pages re-released informally
Fewer than 100
pages re-released
100-500
pages re-released
501-1000
pages re-released
1001-5000
pages re-released
More than 5000
pages re-released
Number of requests Pages re-released Number of requests Pages re-released Number of requests Pages re-released Number of requests Pages re-released Number of requests Pages re-released
8 318 4 1329 5 3781 2 3179 0 0

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

Applications 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
Withdrawn during reporting period 0
Carried over to next reporting period 0

Section 4: Requests closed during the reporting period

4.1 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 0 0 3 0 1 0 3
Disclosed in part 0 1 0 7 2 7 5 22
All exempted 0 0 0 0 1 0 0 1
All excluded 0 0 0 0 0 0 0 0
No records exist 0 6 5 0 2 2 1 16
Request transferred 0 0 0 0 0 0 1
Request abandoned 0 0 0 1 0 1 8 10
Neither confirmed nor denied 0 0 0 1 0 0 0 1
Declined to act with the approval of the Information Commisioner 0 0 0 0 0 0 0 0
Total 1 7 5 12 5 10 14 54
 
4.2 Exemptions
Section Number of requests
13(1)(a) 2
13(1)(b) 0
13(1)(c) 2
13(1)(d) 0
13(1)(e) 0
14 0
14(a) 0
14(b) 0
15(1) 1
15(1) - I.A.Footnote 1 3
15(1) - Def.Footnote 2 24
15(1) - S.A.Footnote 3 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) 11
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
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
16.6 0
17 1
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) 7
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) 6
21(1)(b) 5
21(1)(c) 1
21(1)(d) 2
22 2
22.1(1) 0
23 6
23.1 0
24(1) 1
26 0
 
4.3 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
69(1) 0
69(1)(a) 2
69(1)(b) 0
69(1)(c) 0
69(1)(d) 0
69(1)(e) 3
69(1)(f) 0
69(1)(g) re (a) 6
69(1)(g) re (b) 0
69(1)(g) re (c) 1
69(1)(g) re (d) 1
69(1)(g) re (e) 2
69(1)(g) re (f) 1
69.1(1) 0
 
4.4 Format of information released
Paper Electronic Other
E-record Data set Video Audio
24 0 0 0 0

4.5 Complexity

4.5.1 Relevant pages processed and disclosed for paper and e-record formats
Number of pages processed Number of pages disclosed Number of requests
5309 3391 37
4.5.2 Relevant pages processed per request disposition for paper and e-record formats 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 processed Number of requests Pages processed Number of requests Pages processed Number of requests Pages processed Number of requests Pages processed
All disclosed 3 67 0 0 0 0 0 0 0 0
Disclosed in part 13  376 6 1410  2 1719 1 1729 0 0
All exempted 1 8 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 10 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 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 28  451 1410 1719 1 1729 0 0
4.5.3 Relevant minutes processed and disclosed for audio formats
Number of minutes processed Number of minutes disclosed Number of requests
0 0 0
4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition Less than 60 minutes processed

60 to 120 minutes
minutes processed

More than 120 minutes processed
Number of requests Minutes processed Number of requests Minutes processed Number of requests Minutes processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0
Total 0 0 0 0 0 0
4.5.4 Relevant minutes processed and disclosed for video formats
Number of minutes processed Number of minutes disclosed Number of requests
0 0 0
4.5.6 Relevant minutes processed per request disposition for video formats by size of requests
Disposition Less than 60 minutes processed

60 to 120 minutes
minutes processed

More than 120 minutes processed
Number of requests Minutes processed Number of requests Minutes processed Number of requests Minutes processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0
Total 0 0 0 0 0 0
4.5.7 Other complexities
Disposition Consultation required Legal advice sought Other Total
All disclosed 0 0
Disclosed in part 15  0 0 15 
All exempted 0 0 0 0
All excluded 0 0 0 0
Request abandoned 0 0 0 0
Neither confirmed nor denied 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0
Total 15 0 0 15

4.6 Closed requests

4.6.1 Number of requests closed within legislated timelines
Number of requests closed within legislated timelines 10 
Percentage of requests closed within legislated timelines (%) 18.51851852

4.7 Deemed refusals

4.7.1 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
44 1 3 1 25
4.7.2 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 timeline where an
extension was taken
Total
1 to 15 days 3 1 4
16 to 30 days 2 0 2
31 to 60 days 2 0 2
61 to 120 days 10 0 10
121 to 180 days 3 1 4
181 to 365 days 9 0 9
More than 365 days 11 2 13
Total 40 4 44
4.8 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 5: Extensions

5.1 Reasons for extensions and disposition of requests
Disposition of requests where an
extension was taken
9(1)(a)
Interference with
operations/workload
9(1)(b)
Consultation
9(1)(c)
Third-party notice
Section 69 Other
All disclosed 0 0 0 0
Disclosed in part 1 1 5 1
All exempted 0 0 0 0
All excluded 0 0 0 0
Request abandoned 1 0 1 1
No records exist 0 0 0 0
Decline to act with the approval of the Information Commisioner 0 0 0 0
Total 2 1 6 2
5.2 Length of extensions
Length of extensions 9(1)(a)
Interference with
operations/workload
9(1)(b)
Consultation
9(1)(c)
Third-party notice
Section 69 Other
30 days or less 1 0 1 0
31 to 60 days 0 1 3 1
61 to 120 days 0 0 1 0
121 to 180 days 0 0 1 1
181 to 365 days 1 0 0 0
365 days or more 0 0 0 0
Total 2 1 6 2
Section 6: Fees
Fee type Fee collected Fee waived Fee refunded
Number of requests Amount Number of requests Amount Number of requests Amount
Application 51 $255.00 0 $0.00 0 $0.00
Other Fees 0 $0.00 0 $0.00 0 $0.00
Total 51 $255.00 0 $0.00 0 $0.00

Section 7: Consultations received from other institutions and organizations

7.1 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 the reporting period 79 4763 0 0
Outstanding from the previous reporting period 107 30424 0 0
Total 186 35187 0 0
Closed during the reporting period 90 4666 0 0
Carried over within negotiated timelines 14 1578 0 0
Carried over beyond negotiated timelines 82 28943 0 0
7.2 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 3 5 7 6 0 11 1 33
Disclose in part 3 8 14 15 5 3 5 53
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 1 1 0 0 0 2 4
Total 6 14 22 21 5 14 8 90
7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
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 8: Completion time of consultations on Cabinet confidences

8.1 Requests with Legal Services
Number of days Fewer than 100
pages processed
100-500
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 2 2 0 0 0 0 0 0 0 0
16 to 30 4 15 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 1 122 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 6 17 0 0 1 122 0 0 0 0
8.2 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 9: Investigations and reports of finding

9.1 Investigations
Section 32
Notice of intention to
investigate
Subsection 30(5)
Ceased to
investigate
Section 35 Formal
representations
7 1 1
9.2 Investigations and reports of finding
Section 37(1) Initial reports Section 37(2) Final reports
Received Containing
recommendations
issued by the
Information
Commissioner
Containing order
issued by the
Information
Received Containing
recommendations
issued by the
Information
Commissioner
Containing order
issued by the
Information
0 0 1 0 0 1

Section 10: Court action

10.1 Court actions on complaints
Section 41
Complainant (1) Institution (2) Third party (3) Privacy Commissioner (4) Total
0 0 0 0 0
10.2 Court actions on third party notifications under paragraph 28(1)(b)
Section 44 - under paragraph 28(1)(b)
0

Section 11: Resources related to the Access to Information Act

11.1 Allocated costs
Expenditures Amount
Salaries $579,821
Overtime $0
Goods and Services $27,934
  • Professional services contracts: $0
  • Other: $27,934
Total $607,755
11.2 Human resources
Resources Person years dedicated to Access to information activities
Full-time employees 6.275
Part-time and casual employees 0.000
Regional staff 0.000
Consultants and agency personnel 0.000
Students 0.000
Total 6.275

Note: Enter values to three decimal places.

Supplemental statistical report on the Access to Information Act and the Privacy Act

Name of institution: Communications Security Establishment

Reporting period: 2022-04-01 to 2023-03-31

Section 1: Capacity to receive requests under the Access to Information Act and the Privacy Act

Enter the number of weeks your institution was able to receive ATIP requests through the different channels.
Condition Number of weeks
Able to receive requests by mail 52
Able to receive requests by email 52
Able to receive requests through the digital request service 52

Section 2: Capacity to process records under the Access to Information Act and the Privacy Act

2.1 Enter the number of weeks your institution was able to process paper records in different classification levels.
Records No capacity Partial capacity Full capacity Total
Unclassified paper records 0 0 52 52
Protected B paper records 0 0 52 52
Secret and Top Secret paper records 0 0 52 52
2.2 Enter the number of weeks your institution was able to process electronic records in different classification levels.
Records No capacity Partial capacity Full capacity Total
Unclassified electronic records 0 0 52 52
Protected B electronic records 0 0 52 52
Secret and Top Secret electronic records 0 0 52 52

Section 3: Open requests and complaints under the Access to Information Act

3.1 Enter the number of open requests that are outstanding from previous reporting periods
Fiscal year open requests were received Open requests
that are within
legislated
timelines as of
March 31, 2023
Open requests
that are beyond
legislated
timelines as of
March 31, 2023
Total
Received in 2022 to 2023 7 21 28
Received in 2021 to 2022 0 26 26
Received in 2020 to 2021 1 15 16
Received in 2019 to 2020 0 17 17
Received in 2018 to 2019 1 8 9
Received in 2017 to 2018 0 17 17
Received in 2016 to 2017 0 18 18
Received in 2015 to 2016 0 4 4
Received in 2014 to 2015 0 8 8
Received in 2013-2014 or earlier 0 3 3
Total 9 137 146
3.2 Enter the number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods
Fiscal year open
complaints were received
by institution
Number of open
complaints
Received in 2022 to 2023 6
Received in 2021 to 2022 1
Received in 2020 to 2021 0
Received in 2019 to 2020 0
Received in 2018 to 2019 0
Received in 2017 to 2018 1
Received in 2016 to 2017 0
Received in 2015 to 2016 0
Received in 2014 to 2015 0
Received in 2013-2014 or earlier 0
Total 8

Section 4: Open requests and complaints under the Privacy Act

4.1 Enter the number of open requests that are outstanding from previous reporting periods.
Fiscal year open
requests were
received
Open requests
that are within
legislated
timelines as of
March 31, 2023
Open requests
that are beyond
legislated
timelines as of
March 31, 2023
Total
Received in 2022 to 2023 1 7 8
Received in 2021 to 2022 0 4 4
Received in 2020 to 2021 0 4 4
Received in 2019 to 2020 0 2 2
Received in 2018 to 2019 0 0 0
Received in 2017 to 2018 0 0 0
Received in 2016 to 2017 0 1 1
Received in 2015 to 2016 0 0 0
Received in 2014 to 2015 0 2 2
Received in 2013 to 2014 or earlier 0 1 1
Total 1 21 22
4.2 Enter the number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods
Fiscal year open
complaints were received
by institution
Number of open
complaints
Received in 2022 to 2023 3
Received in 2021 to 2022 4
Received in 2020 to 2021 0
Received in 2019 to 2020 1
Received in 2018 to 2019 1
Received in 2017 to 2018 0
Received in 2016 to 2017 0
Received in 2015 to 2016 0
Received in 2014 to 2015 0
Received in 2013 to 2014 or earlier 0
Total 9

Section 5: Social Insurance Number (SIN)

Did your institution receive authority for a new collection or new consistent use of the SIN in 2022 to 2023 No

Section 6: Universal Access under the Privacy Act

How many requests were received from confirmed foreign nationals outside of Canada in 2022 to 2023? 0

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