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ATIP/Reporting
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Reporting
Please note that some sections are still under review. For more information, please email OCIO-APCDO-BDPI-BPCAP@tbs-sct.gc.ca.
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Information, reference, and guidance documents related to reporting on the administration of the Access to Information Act and Privacy Act. |
Annual Reports to Parliament
Annual Reports to Parliament are required by the Access to Information and Privacy Act. The Annual Reports describe how federal institutions administer the Access to Information and Privacy Acts. This provides institutions with the opportunity to highlight accomplishments and challenges as well as addressing mandatory requirements established by the TBS.
Reports tabled in Parliament
The Journals are available on the Parliament of Canada website by date.
Tabling of 2019-2020 Annual Reports on the Access to Information Act and Privacy Act in Parliament
This section sets out requirements for 2019-2020 annual reports to Parliament concerning the administration of the Access to Information Act and the Privacy Act. The requirements are established by the President of the Treasury Board as per subsection 94(5) of the Access to Information Act and paragraph 71(1)(e) of the Privacy Act. Annual reports are the means by which federal institutions account for their administration of the two acts, including their successes and challenges.
Timing
Under section 94 of the Access to Information Act and 72 of the Privacy Act, institutions are required to table an Annual Report on the administration of each Act in both the House of Commons and the Senate. The reports must be tabled in each house on any of the first 15 sitting days on which that house is sitting after September 1, 2020.
Content Requirements
The reports for this year cover the reporting period from April 1, 2019 to March 31, 2020.
Institutions are required to table two separate annual reports: one on the administration of the Access to Information Act (ATIA); and one on the administration of the Privacy Act. Institutions may combine the two reports into one document for tabling purposes; however, the document must contain two separate reports: one for the report pursuant to the obligation under section 94 of the ATIA, and the other for the report pursuant to the obligation under section 72 of the PA.
The content requirements for each report are set out in Annex A and B.
- Annex A is for institutions that are not subject to the Service Fees Act
- Annex B is for institutions that are subject to the Service Fees Act
| A2, B2 (Annex A & B) – Organizational Structure |
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| Include a description of any service agreement in accordance with section 96 of the Access to Information Act and section 73.1 of the Privacy Act to which your institution was a party during the reporting period. |
| A4, B4 (Annex A & B - COVID-19 Operational impact |
| Describe the impact of COVI-19-related measures on your institution’s ability to fulfill its Access to Information Act and Privacy Act responsibilities; and any mitigation measures that were implemented. |
Under section 94 of the Access to Information Act and 72 of the Privacy Act and section 20 of the Service Fees Act, institutions are required to table their Annual Reports on the administration of each Act in both the House of Commons and the Senate.
Annual reports must be approved, but do not need to be signed, by the head of the institution (which is the Minister in the case of departments and ministries of state). However, letters of transmittal to the Clerk of the House of Commons and to the Clerk of the Senate must be signed by the Minister. For institutions where the head is not a Minister, a transmittal letter is required from the Minister through whom the institution reports to Parliament. Both reports may be submitted with a single transmittal letter.
For institutions who only have ATI fees to report, the tabling of the ATI Annual Report with the fee content must also meet section 20 of the Service Fees Act requirement.
In instances where an institution changes names between the end of the reporting period and the preparation of the report, TBS recommends that the report refer to the institution by the name in effect at the end of the reporting period, and that the transmittal letter make note of the change.
Annex C provides more details on the tabling process, including sample transmittal letters.
Submission of the Access to Information Act and Privacy Act Annual Reports to the Commissioners and Treasury Board of Canada Secretariat
Within two weeks of tabling the Annual Reports, institutions must submit electronic copies of the reports in both official languages to the Office of the Information Commissioner, the Office of the Privacy Commissioner, and to the Information and Privacy Policy Division of the Treasury Board of Canada Secretariat pursuant to subsection 94(4) of the Access to Information Act and subsection 72(4) of the Privacy Act. The emails must indicate the date on which the Annual Reports were tabled in Parliament, and a link to where the Reports are posted on the institution’s website.
More details, including sample emails, are set out in Annex D.
Posting Annual Reports on the Institution’s Website
In accordance with section 84 of the Access to Information Act, each institution must publish their Annual Reports on their website within 30 days after the reports were tabled. This supports the Government’s commitment to openness, accessibility and transparency. Please consult your institution’s communications office to complete this requirement.
| Questions? Contact us at [[1]] |
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Attachments:
Annex B: [[Media:Annex_B_-_Reporting_Requirements_for_2019-20_Annual_Reports_to_Parliament-_Subject_to_the_Service_Fees_Act.docx | Content Requirements for Annual Reports to Parliament for institutions that are subject to the Service Fees Act
Annex C: Tabling Annual Reports in the House of Commons and the Senate
