2021-2022 Annual Report on the Administration of the Access to Information Act

Table of Contents

• Introduction
  • Purpose
  • Institutional Mandate
• Organizational Structure
• Delegation of Authority
• Performance
  • Consultations Completed for Other Institutions
  • COVID-19 Impacts and Operational Measures
  • Annual Statistical Report
• Fees and Operating Costs
  • Access to Information Fees
  • Operating Costs
• Training and Awareness
• Policies, Guidelines, Procedures and Initiatives
• Key Issues and Actions Taken on Complaints
• Monitoring Compliance
• Annex A – Annual Statistical Report on the Access to Information Act
• Annex B – Delegation of ATIP Authority

Introduction

Purpose

The Access to Information Act (Revised Statutes of Canada, 1985, Chapter A‑1) was proclaimed on July 1, 1983.

The Access to Information Act gives Canadian citizens and permanent residents a broad right of access to information contained in government records, subject to certain specific and limited exceptions.

Section 94 of the Access to Information Act requires that the head of every government institution prepare, for submission to Parliament, an annual report on the administration of the Act within the institution during each financial year.

Section 20 of the Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by institutions.

This annual report is tabled in Parliament pursuant to section 94 of the Access to Information Act and section 20 of the Service Fees Act and describes how the Federal Economic Development Agency for Northern Ontario (FedNor) administered its responsibilities for the reporting period.

Institutional Mandate

FedNor is the Government of Canada's economic development organization for Northern Ontario, and as such, it is key to helping deliver on the federal government's Prosperity and Growth Strategy for Northern Ontario.

Through its programs and services, and through its financial support of projects that lead to job creation and economic growth, FedNor works with businesses and community partners to build a stronger Northern Ontario.

FedNor has two main funding vehicles, the Northern Ontario Development Program (NODP), which focuses on community economic development, and the Regional Economic Growth through Innovation (REGI) program, which focuses on business scale-up and productivity, and regional innovation ecosystems.

Through the Community Futures Program, FedNor also supports a network of 24 Community Futures Development Corporations (CFDCs) across Northern Ontario. These locally driven CFDCs provide business financing and services, as well as support for community-based economic development projects.

Also, as the need is determined and priorities change, FedNor delivers other Government of Canada programs designed to contribute to economic development in Northern Ontario. Recent examples include the Economic Development Initiative (EDI) for Official Language Minority Communities, Women Entrepreneurship Strategy, as well as the Steel and Aluminum Initiative.

In addition to its efforts through these funding vehicles, FedNor is strongly focused on outreach and collaboration efforts that engage community leaders and stakeholders as we work to better meet the current and future needs of Northern Ontario. FedNor does this by identifying and actively leading important files including the emerging Ring of Fire mining development – considered a multi-generational mining opportunity that could re-shape Northern Ontario's economy – as well as by collaborating with our federal partners to ensure Northerners have full access to the wide slate of programs and services offered by the Government of Canada.

In short, FedNor is your federal partner in Northern Ontario.

On August 12, 2021, FedNor ceased to operate as a program of Innovation, Science and Economic Development Canada, and became a fully independent agency of the Government of Canada, lead by the Hon. Patty Hajdu, Minister of Indigenous Services and Minister for the Federal Economic Development Agency for Northern Ontario. At the time of this report, FedNor is also lead and supported by an Interim President.

For more information on the Agency's organizational mandate letter commitments, see the ministers' mandate letters section of the Prime Minister's website.

Organizational Structure

Since the establishment of FedNor as a fully independent agency of the Government of Canada on August 12, 2021, Access to Information and Privacy (ATIP) Services has been part of FedNor's Corporate Services office, located in Sudbury, Ontario, where one employee is responsible for coordinating ATIP functions, as one of multiple corporate services responsibilities.

ATIP Services is responsible for the implementation and management of programs and services relating to the administration of the Access to Information Act and the Privacy Act for the Agency. Specifically, ATIP Services makes decisions on the disposition of ATI and privacy requests; promotes awareness of the legislation to ensure departmental responsiveness to statutory obligations; monitors and advises on departmental compliance with the Acts, regulations, procedures, and policies; and represents ISED on ATIP matters when dealing with the Treasury Board of Canada Secretariat (TBS), the Office of the Information Commissioner of Canada, the Office of the Privacy Commissioner of Canada, the Privy Council Office, and other government institutions. ATIP Services is also responsible for consulting with other federal departments and third parties with respect to ATIP requests.

Section 96 of the Access to Information Act permits institutions reporting to the same minister to enter into agreements with each other for the purpose of sharing ATIP resources and capacity. However, FedNor currently has no such agreements in place. However, a memorandum of understanding is in place with Innovation, Science and Economic Development Canada for the ongoing fulfilment of certain ATIP reporting functions, during FedNor's transition to a fully independent Agency.

Delegation of Authority

FedNor's enabling legislation identifies its head as being the Deputy Minister / President. In addition to managing the institution and overseeing management of its personnel, the Deputy Minister / President is responsible for the application of the Access to Information Act (ATI). As at March 31, 2022, the Deputy Minister / President had not delegated any authority to other individuals.

Performance

FedNor received no requests under the Access to Information Act during the reporting period. Further, as FedNor was only established as a fully independent operating agency of the Government of Canada on August 12, 2021, the Agency had no requests carried-in from the previous year. Therefore, there is nil information to report for the following reporting components prescribed by the Treasury Board of Canada Secretariat (TBS):

• Responses Within Legislated Timelines;
• Multi-Year Trends;
• Requests Carried-in From 2020-2021 and Carried-forward to 2022-2023;
• Completion Times for Closed Requests;
• Disposition of Requests;
• Vexatious Requests;
• Exemptions and Exclusions;
• Sources of Requests;
• Extensions; or
• Topics and Formats of Information Requested.

Consultations Completed for Other Institutions

During the reporting period, FedNor received four consultation requests from other departments and institutions. Of those four cases, the Agency completed three, and carried one forward to the following year.

FedNor recommended disclosure in full for all three completed Access Consultations (100%).

With respect to the processing times of consultations, all three were completed within 15 days (100%).

COVID-19 Impacts and Operational Measures

FedNor's ATIP Services were not affected by the COVID-19 pandemic during the reporting period.

Annual Statistical Report

The TBS prescribes requirements for annual statistical reports on the Access to Information Act, which must comprise part of the corresponding annual reports to Parliament. FedNor's Annual Statistical Report on the Access to Information Act is attached to this report as Annex A.

Fees and Operating Costs

Access to Information Fees

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.

In accordance with the changes to the Access to Information Act that came into force on June 21, 2019, FedNor may only charge an application fee of $5, as set out in paragraph 7(1)(a) of the Regulations. Pursuant to the Directive on Access to Information Requests, issued on July 13, 2022, institutions can waive this application fee as deemed appropriate.

As FedNor received no requests under the Access to Information Act during the reporting period, no fees were collected or waived.

Operating Costs

The cost of delivering FedNor's Access to Information program and services for 2021–2022 was $10,509, all of which were salary costs, equating to 0.18 full-time employees, when averaged over the year. There were no additional operating expenses.

Training and Awareness

FedNor did not conduct any ATIP training and awareness activities during the reporting period.

Policies, Guidelines, Procedures, and Initiatives

FedNor did not develop any new policies, guidelines or procedures or undertake any new initiatives pertaining to ATIP during the reporting period.

Key Issues and Actions Taken on Complaints

As FedNor neither carried-in any outstanding requests from the previous year under the Access to Information Act, nor received any new requests during the current reporting period, there is nil information to report on complaints.

No audits relating to the administration of the Access to Information Act were conducted during the reporting period.

Monitoring Compliance

In consideration of having received no requests under the Access to Information Act since becoming a fully independent agency of the Government of Canada on August 12, 2021, FedNor is in the process of developing strategies and plans pertaining to ATIP compliance.

Annex A – Annual Statistical Report on the Access to Information Act

Name of institution: Federal Economic Development Agency for Northern Ontario

Reporting period: 2021-08-12 to 2022-03-31

Section 1: Requests Under the Access to Information Act

Section 2: Informal Requests

Section 4: Requests Closed During the Reporting Period

4.5 Complexity

4.7 Deemed refusals

Section 5: Extensions

Section 7: Consultations Received From Other Institutions and Organizations

Section 8: Completion Time of Consultations on Cabinet Confidence

Section 9: Investigations and Report of Finding

Section 10: Court Action

Section 11: Resources Related to the Access to Information Act

Annex B – Delegation of ATIP Authority

Not applicable:

FedNor's enabling legislation identifies its head as being the Deputy Minister / President. In addition to managing the institution and overseeing management of its personnel, the Deputy Minister / President is responsible for the application of the Access to Information Act (ATI). As at March 31, 2022, the Deputy Minister / President had not delegated any authority to other individuals.