2021 to 2022 Annual report on the Access to Information Act

​​​On this page

• Introduction and purpose of the Access to Information Act
• Immigration and Refugee Board of Canada
• Communications and Access to Information Directorate
• Delegation of authority
• Statistical report on the Access to Information Act – Interpretation
• Section 1: Requests under the Access to Information Act
• 1.1 Number of requests
• 1.2 Sources of requests
• 1.3 Channels of requests
• Section 2: Informal requests
• 2.1 Number of informal requests
• 2.2 Channels of informal requests
• 2.3 Completion time of informal requests
• 2.4 Pages released informally
• 2.5 Pages re-released informally
• Section 3: Applications to the Information Commissioner on declining to act on requests
• Section 4: Requests closed during the reporting period
• 4.1 Disposition and completion time
• 4.2 Exemptions
• 4.3 Exclusions
• 4.4 Format of information released
• 4.5 Complexity
• 4.5.1 Relevant pages processed and disclosed for paper and e-records formats
• 4.5.2 Relevant pages processed by request disposition for paper and e-records formats by size of requests
• 4.5.3 Relevant minutes processed and disclosed for audio formats
• 4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
• 4.5.5 Relevant minutes processes and disclosed for video formats
• 4.5.6 Relevant minutes processed per request disposition for video formats by size of requests
• 4.5.7 Other complexities
• 4.6 Closed requests
• 4.6.1 Requests closed within legislated timelines
• 4.7 Deemed refusals
• 4.7.1 Reasons for not meeting legislated timelines
• 4.7.2 Request closed beyond legislated timelines (including any extension taken)
• 4.8 Requests for translations
• Section 5: Extensions
• 5.1 Reasons for extensions and disposition of requests
• 5.2 Length of extensions
• Section 6: Fees
• Section 7: Consultations received from other institutions and organizations
• 7.1 Consultations received from other Government of Canada institutions and other organizations
• 7.2 Recommendations and completion time for consultations received from other Government of Canada institutions
• 7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
• Section 8: Completion time of consultations on cabinet confidences
• 8.1 Requests with Legal Services
• 8.2 Requests with Privy Council Office
• Section 9: Investigations and reports of finding
• 9.1 Investigations
• 9.2 Investigations and reports of finding
• Section 10: Court action
• 10.1 Court actions on complaints
• 10.2 Court actions on third party notifications under paragraph 28(1)(b)
• Section 11: Statistical report on the Access to Information Act – Interpretation
• 11.1 Allocated costs
• 11.2 Human resources
• Training and awareness
• Monitoring activities
• Education and training activities
• Policies, guidelines, procedures, and initiatives
• Privacy implementation notice
• Reading rooms
• Impact of pandemic (COVID-19)
• Appendix A - Delegation orders (Access to Information Act)
• Appendix B - Statistical report on the Access to Information Act
• Appendix C - Supplemental Access to Information and Privacy statistical form

Introduction and purpose of the Access to Information Act

The Access to Information Act (the Act) provides Canadian citizens, permanent residents or any person or corporation present in Canada with a general right of access to information in records under the control of federal government institutions, subject to specific and limited exceptions.

Section 94 of the Act requires deputy heads of all government institutions to table an annual report on the administration of the Act within their respective institutions during each financial year.

This annual report provides a summary of the management and administration of the Act within the Immigration and Refugee Board of Canada (IRB) during the 2021–2022 reporting period. It is intended for use by the general public, members of Parliament, and IRB personnel.

Immigration and Refugee Board of Canada

The IRB is Canada’s largest independent administrative tribunal. It is responsible for resolving immigration and refugee cases efficiently, fairly and in accordance with the law.

The IRB is currently composed of four divisions:

• The Refugee Protection Division (RPD), which decides:
• claims for refugee protection made within Canada
• applications for vacation of refugee protection, and
• applications for cessation of refugee protection.
• The Immigration Division (ID), which conducts:
• admissibility hearings for foreign nationals or permanent residents who seek entry into Canada, or who are already in Canada and are alleged to be inadmissible, and
• detention reviews for foreign nationals or permanent residents who are detained for immigration reasons.
• The Immigration Appeal Division (IAD), which hears:
• appeals of family sponsorship applications refused by Immigration, Refugees and Citizenship Canada (IRCC)
• appeals from certain removal orders made against permanent residents, Convention refugees and other protected persons, and holders of permanent resident visas
• appeals by permanent residents against whom an IRCC officer outside of Canada has decided that they have not fulfilled their residency obligation, and
• appeals by the Minister of Public Safety of ID decisions at admissibility hearings.

The fourth division, the Refugee Appeal Division (RAD), was established in December 2012 with the coming into force of the Balanced Refugee Reform Act and the Protecting Canada's Immigration System Act.

• The RAD hears:
• appeals from decisions of the RPD allowing or rejecting claims for refugee protection
• appeals from decisions of the RPD rejecting applications by the Minister for a determination that refugee protection has ceased, and
• appeals from decisions of the RPD rejecting applications by the Minister to vacate a decision to allow a claim for refugee protection.

The Chairperson of the IRB reports to Parliament through the Minister of Immigration, Refugees and Citizenship Canada.

Communications and Access to Information Directorate

The Communications and Access to Information Directorate ensures that the IRB meets its statutory obligations under the Access to Information Act and the Privacy Act by:

• processing access and privacy requests for the IRB
• responding to consultation requests submitted by other federal institutions
• providing advice and guidance to IRB personnel regarding the interpretation of both acts as well as related Treasury Board of Canada Secretariat (TBS) policies and guidelines
• liaising on behalf of the IRB with the TBS, the offices of the Information Commissioner and the Privacy Commissioner as well as other government departments and agencies on a wide variety of ATIP-related issues ranging from legislative interpretation to details of process and procedures
• providing input into the development of IRB policies and procedures to ensure that they are in compliance with the provisions of both acts
• coordinating the preparation of the IRB’s Info Source chapter
• preparing the annual reports to Parliament on the administration of each act, and
• participating in ATIP forums such as the TBS’s ATIP Community meetings and working groups.

The Access to Information and Privacy (ATIP) Unit, which is within the Communications and Access to Information Directorate, is part of the Strategic Directions and Corporate Affairs Branch and is staffed by a manager/coordinator, a supervisor, six ATIP officers and two clerks.

Although section 96 of the Access to Information Act allows institutions reporting to the same Minister to enter into agreements with each other for the purpose of sharing ATIP resources and capacity, the IRB did not have any such service agreement for the reporting period.

Delegation of authority

Pursuant to section 95(1) of the Access to Information Act, the deputy head of a government institution may by order designate one or more officers or employees of the institution to exercise or perform any of the powers, duties or functions of the deputy head of the institution.

Authority to exercise the powers and perform the duties and functions of the Chairperson (deputy head) of the IRB for the purposes of the Act has been delegated to the Executive Director, the Director General of the Strategic Directions and Corporate Affairs Branch, Director of the Communications and Access to Information Directorate and the ATIP Manager/Coordinator.

A copy of the delegation order is enclosed at Appendix A.

Statistical report on the Access to Information Act – Interpretation

The following provides an overview of the statistical information contained in Appendix B of this report.

Section 1: Requests under the Access to Information Act

1.1 Number of requests

The IRB received 180 formal Access to Information requests in 2021–22, representing an 12.5 percent increase in volume from fiscal year 2020–21, during which 160 formal requests were submitted.

An additional 41 requests were outstanding from the previous reporting period and a total of 37 requests received in 2021–22 were carried over to fiscal year 2022–23. As of March 31, 2022, these requests were processed within the legislated timelines.

The principal highlights for the last five reporting periods are set out in the table below:

Over the last five years, the number of requests received and completed by the IRB has fluctuated from year to year. However, the ATIP Unit is pleased to report that, on average, 206 requests were received, and 207 requests were completed annually.

1.2 Sources of requests

Consistent with past reporting periods, most requests came from the business sector and the public. The chart below shows the sources of requests for the last five reporting periods.

1.3 Channels of requests

During 2021–22, 160 requests (89%) were received online, 16 requests (9%) were received by mail, 3 requests were received by email (1.5%) and 1 request was received by fax (0.5%).

No request was received in person or by phone.

Section 2: Informal requests

2.1 Number of informal requests

The IRB processed a total of 296 informal access to information requests during the reporting period. From these requests, 288 requests were received during this reporting period and 8 requests were outstanding from the previous reporting period (2020–21). A total of 238 requests were closed during 2021–22 and 58 requests were carried over into 2022–23.

The majority of the material reviewed in response to informal access requests consisted of immigration and refugee decisions that are made available to the public electronically through the website of the Canadian Legal Information Institute (CanLII).

As the majority of RPD/RAD proceedings are held in private, RPD/RAD decisions must be sanitized by the ATIP Unit prior to being made public, in order to maintain the confidentiality of the proceedings and the privacy of the refugee protection claimants.

ID and IAD proceedings are held in public unless the proceedings are ordered to be held, in whole or in part, in private. Where such an order is made, the decision is sanitized by ATIP prior to it being made public.

2.2 Channels of informal requests

All the informal requests (288) were received by email.

2.3 Completion time of informal requests

Of the 296 requests processed, 238 were closed during the reporting period. Of these 238 requests, 98 were processed within 15 days, 65 within 16-30 days, 36 within 31-60 days, 20 within 61-120 days, 15 within 121-180 days, 3 within 181-365 days, and 1 in more than 365 days.

2.4 Pages released informally

A total of 131,896 pages were released informally.

2.5 Pages re-released informally

An additional 24,924 pages were also re-released in 2021–22.

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

The IRB has not submitted any applications to the Information Commissioner on declining to act on requests.

Section 4: Requests closed during the reporting period

4.1 Disposition and completion time

The chart below summarizes the length of time required to process the 184 requests completed in 2021–22.

This means that the IRB responded to a total of:

• 48 requests within 15 days (26%)
• 105 requests within 16-30 days (57%)
• 11 requests within 31-60 days (6%)
• 9 requests within in 61-120 days (5%)
• 3 requests within 121-180 days (1.6%)
• 5 requests within 181-365 days (2.8%), and
• 3 requests in more than 365 days (1.6%)

Furthermore, and regarding the disposition:

• 39% of requests were closed as all disclosed
• 21.7% of requests were closed as disclosed in part
• 22.3% of requests were closed as no records exist
• 8.5% of requests were closed as transferred
• 8.5% of requests were closed as abandoned

Cases in which no access to records was provided are attributable to situations beyond the control of the IRB. A total of 16 requests were transferred to other government institutions. An additional 41 requests could not be processed as no relevant records existed under the control of the IRB. Finally, 16 requests were deemed abandoned as the applicants either did not provide the application fee or the clarification needed to process the request.

4.2 Exemptions

Section 4.2 of the statistical report outlines the exemptions that were applied in accordance with the Act. In 2020–21, the IRB relied primarily on the exemptions provided for in the following provision of the Act:

• Subsection 16 dealing with law enforcement and investigations and security
• Subsection 19(1) dealing with personal information
• Subsection 21(1) dealing with operations of Government, and
• Section 23 dealing with the solicitor-client privilege.

It should be noted that if an exemption was applied several times within the same request, it is reported only once in the enclosed statistical report.

4.3 Exclusions

During the 2020–21 reporting period, only one exclusion pursuant to section 68 of the Act was applied by the IRB.

No exclusion pursuant to section 69 of the Act was applied by the IRB.

4.4 Format of information released

In 2021–22, and consistent with the previous reporting period, the electronic format was mostly used (121 requests). In addition, the other formats of information released were audio (8 requests), paper copy (1 request) and data set (1 request).

4.5 Complexity

4.5.1 Relevant pages processed and disclosed for paper and e-records formats

A total of 112,139 pages were processed and 82,695 were released during last fiscal year. To compare, approximately 29,300 more pages were processed, and 22,200 more pages were released in 2021–22 than in the previous fiscal year.

The chart below summarizes the number of pages processed and released in the last five reporting periods.

4.5.2 Relevant pages processed by request disposition for paper and e-records formats by size of requests

Last fiscal year, a total of 56 requests had less than 100 pages processed. Furthermore, 40 requests had between 100-500 pages processed, 11 had between 501-1,000 pages processed, 17 had between 1,001-5,000 pages processed, and 3 had more than 5,000 pages processed.

4.5.3 Relevant minutes processed and disclosed for audio formats

Overall, 8 requests for audio were received last fiscal year, which represent a total of 1,270 minutes that were processed and disclosed.

4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests

With regard to the relevant minutes processed by size of those 8 requests, we can establish the following:

• in 1 case, less than 60 minutes were processed (total of 11 minutes)
• in 2 cases, between 60 and 120 minutes were processed (total of 141 minutes), and
• in 5 cases, more than 120 minutes were processed (total of 1,118 minutes).

4.5.5 Relevant minutes processes and disclosed for video formats

No request for video was received last fiscal year.

4.5.6 Relevant minutes processed per request disposition for video formats by size of requests

No request for video was received last fiscal year.

4.5.7 Other complexities

Last fiscal year, 30 requests had complexities; they either required consultation (3) or legal advice (5), or some other complexities (22).

4.6 Closed requests

4.6.1 Requests closed within legislated timelines

During 2021–22, 174 requests were closed within the legislated timeframe, which represent 94.6%.

4.7 Deemed refusals

4.7.1 Reasons for not meeting legislated timelines

During the 2021–22 reporting period, a total of 10 requests were closed past the legislated timelines. In 9 cases, the reason for closing past the legislated timelines was that meeting the original time limit would have unreasonably interfered with the operations of the IRB. In one case, an internal consultation was necessary and could not reasonably be completed within the original time limit.

4.7.2 Request closed beyond legislated timelines (including any extension taken)

Of these 10 requests, 4 were processed within 15 days past legislated timelines 1 was processed within 16-30 days past legislated timelines, 3 were processed within 31-60 days past legislated timelines, 1 was processed within 61-120 days past legislated timelines and 1 was processed within 181-365 days past legislated timelines.

4.8 Requests for translations

There were no requests for the translation of records from one official language to the other during the reporting period.

Section 5: Extensions

5.1 Reasons for extensions and disposition of requests

Section 9 of the Act allows government institutions to extend the statutory 30-day time limit for processing a request.

During the 2021–22 reporting period, a total of 23 extensions were taken by the IRB. In 22 cases, the statutory deadline was extended as the requests were for a large number of records or necessitated a search through a large number of records and meeting the original time limit would have unreasonably interfered with the operations of the IRB.

In 1 other case, a consultation with a third party was necessary which could not reasonably be completed within the original time limit.

5.2 Length of extensions

Of these 22 extensions taken, 6 were for within 30 days, 3 for 31-60 days, 5 for 61-120 days, 1 for 121-180 days, 5 for 181-365 days and 3 for more than 365 days.

Section 6: 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 section 20 of the Service Fees Act.

• Enabling authority: Access to Information Act
• Fee amount: $5, the only fee charged for an access to information request
• Total revenue: $890
• Fees waived: In accordance with the changes to the Access to Information Act that came into force on June 21, 2019, the IRB may only charge an application fee of $5, as set out in paragraph 7(1)(a) of the Regulations. Pursuant to section 11 of the Access to Information Act, institutions can waive this application fee as deemed appropriate.

Section 7: Consultations received from other institutions and organizations

7.1 Consultations received from other Government of Canada institutions and other organizations

The IRB responded to 31 consultation requests made by other government institutions or organizations in 2021–22. Of these, 30 were received last fiscal year and one was outstanding from the previous reporting period. A total of 4,424 pages were reviewed in response to these consultations.

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

Of these 31 consultations, a total of 28 consultations requests were disclosed entirely, 2 were disclosed in part and 1 was exempt entirely.

7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada

There was no consultation received from other organizations outside the Government of Canada.

Section 8: Completion time of consultations on cabinet confidences

8.1 Requests with Legal Services

There was no consultation request on cabinet confidence with Legal Services.

8.2 Requests with Privy Council Office

There was no consultation request on cabinet confidence with the Privy Council Office.

Section 9: Investigations and reports of finding

9.1 Investigations

In fiscal year 2021–22, the IRB processed 8 complaints in total: 7 new complaints were filed with the Office of the Information Commissioner of Canada against the IRB. Of these 7 complaints, 2 were resolved and closed by end of fiscal year and 5 were ongoing at year end and have been carried over into 2022–23.

In addition, one (1) complaint which had been received in the previous reporting period (2020–21) was ongoing at year end and has also been carried over into 2022–23.

These 8 complaints represent 3.6% of all requests received during 2021-22, including those outstanding from previous reporting periods.

Section 10: Court action

10.1 Court actions on complaints

The IRB has no court actions on complaints.

10.2 Court actions on third party notifications under paragraph 28(1)(b)

The IRB has no court actions on third party notifications under paragraph (28)(1)(b).

Section 11: Resources related to the Access to Information Act

11.1 Allocated costs

In 2021–22, the total costs incurred by the Communications and Access to Information Directorate for the administration of the Act is estimated to be $406,047, which are distributed as follows: $234,022 in salaries, $115,346 in overtime and $56,679 in goods and services.

The chart below shows the expenditures’ breakdown for 2021–22:

11.2 Human resources

The human resources used for this reporting period are estimated at four (4) FTEs.

Training and awareness

Monitoring activities

The manager, in cooperation with the supervisor and analysts, monitors the processing times for access to information requests, on a weekly basis. In addition, ATIP staff periodically perform diagnostic activities related to the processing of the various requests received.

Education and training activities

No formal session was delivered to IRB employees. However, individual and informal training was offered when needed.

Policies, guidelines, procedures, and initiatives

Privacy implementation notice

The IRB continues to implement the Privacy Implementation Notice 2020-03: Protecting privacy when releasing information about a small number of individuals during the 2021–22 reporting period, to prevent inadvertent identification of individuals from small data sets in highly sensitive contexts (e.g. refugee claims).

Reading rooms

Individuals who wish to examine records released under the Act can contact the Communications and Access to Information Directorate to make arrangements to view release packages at the IRB Headquarters in Ottawa or at one of its regional offices. However, and due to the exceptional measures to curb COVID-19 implemented by the Government of Canada, it has not been possible to do so in 2021–22.

Impact of pandemic (COVID-19)​

In fiscal year 2021-22, the pandemic had no impact on the IRB’s ability to receive requests as set out in the Access Act. No procedural challenges were observed while employees were working from home. Teleworking was already in place in the ATIP Unit before the pandemic.

Appendix A - Delegation orders (Access to Information Act)

The Chairperson of the Immigration and Refugee Board of Canada, pursuant to section 95(1) of the Access to Information Act^{Footnote 1}, hereby designates the persons holding the positions set out in the schedule below, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Chairperson as the head of the Immigration and Refugee Board of Canada, under the provisions of the Act and related regulations set out in the Schedule opposite each position. This designation replaces all previous delegation orders.

Dated, at the City of Ottawa, this 12 day of January 2021.

Richard Wex,
Chairperson

Appendix B - Statistical report on the Access to information Act

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 othe institutions and organizations

Section 8: Completion time of consultations on cabinet confidences

Section 9: Investigations and reporting of finding

Section 10: Court action

Section 11: Resources related to the Access to Information Act

Appendix C - Supplemental Access to Information and Privacy statistical form

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

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

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

Section 4: open requests and complaints under the Privacy Act

Section 5: Social Insurance Number (SIN)