2022/23 Annual Report to Parliament on the Administration of the Access to Information Act

Royal Canadian Mounted Police (RCMP)

In May of 2023, the RCMP marked 150 years of service as Canada’s national police service. As a federal, provincial, territorial and municipal policing body, it provides federal policing services to all Canadians and policing services under contract to the three territories, eight provinces, and more than 150 communities delivered through more than 700 detachments across Canada, 600 Indigenous communities and three international airports.

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

A commissioner leads the RCMP and is supported by a Senior Executive Committee made up of regular members and public servants. The role of Senior Executive Committee is to develop, promote and communicate strategic priorities, strategic objectives, management strategies and performance management for the purpose of direction and accountability.

The organization is subdivided into 16 divisions (ten provinces, three territories, National Division, Depot and National Headquarters in Ottawa), each of which is under the direction of a Commanding Officer or Director General.

National Headquarters includes 10 business lines and is structured as follows: Federal Policing, Contract and Indigenous Policing, Specialized Policing Services, Corporate Management and Comptrollership, Human Resources, Internal Audit and Evaluation, Professional Responsibility Sector, Strategic Policy and External Relations, and Legal Services.

Work began in June 2022 on the transformation of Federal Policing, which will see the consolidation of National Division in fiscal year 2023/24. This change fits in with the broader vision for the RCMP and Federal Policing’s modernization efforts. The Federal Policing program will be shifting from the current divisional model to a regional model, whereby the country will be divided up into four Federal Policing regions. In support of regionalization and in light of National Division’s dual mandates, this shift to regionalization will have an impact on the Division in its entirety.

Access to Information and Privacy (ATIP) Branch

The RCMP established the ATIP Branch in 1983, as the central contact point for matters arising from both the Access to Information Act and Privacy Act. During the reporting period, the ATIP Branch fell within the Strategic Policy and External Relations Directorate.

During the 2022/23 fiscal year, the RCMP was not party to any service agreements in accordance with Section 96 of the Access to Information Act.

With modernizing the ATIP program, significant restructuring of the ATIP Branch occurred during the reporting year. A new executive structure was created and is led by a Director General. This position is supported by three directors. Each of these directors leads a specialized team and they include: Access to Information, Privacy, and Operational Support.

The Director General acts on behalf of the head of the institution as the Departmental Access to Information and Privacy Coordinator for the RCMP. The ATIP Coordinator ensures compliance with both the spirit and the intent of the Access to Information Act and Access to Information Act, as well as all associated regulations, policies and guidelines. The Director General position is also tasked with leading the program’s broad modernization efforts.

Compliance

The ATIP Branch saw an increase in compliance for the number of requests closed within the legislated time frames under the Access to Information Act. In the 2022/23 fiscal year, compliance increased to 42% from 40.1% in the previous fiscal year. The increase is due, in part, to modifications in processes within the Branch, resulting in efficiencies, increased efforts in human resources (staffing, training, retention) and the utilization of contractors to complete complex late files in order to address legislative compliance.

Requests received and closed

As noted in the Statistical Report in Appendix B, the RCMP received a total of 5,510 new requests under the Access to Information Act in 2022/23. In addition, there were 6,171 requests outstanding from the previous reporting periods for a total of 11,681 requests. Of these, 5,633 requests were completed and 6,048 requests carried over to the 2023/24 fiscal year. Of the completed requests, 6.5% were fully disclosed and 53.5% were partially disclosed.

Generally, Access to Information Act requests cover a variety of topics and can include information about contracts/program costs and expenses, information related to security issues, operational file material, as well as the management of the RCMP. Of note, a large number of the Access to Information Act requests processed were for personal information.

As demonstrated below, there has been a moderate increase in the number of requests received compared to the previous reporting period. Similarly, the number of requests closed for this reporting period increased by 2% compared to the previous fiscal year, and was 15.6% higher than the 2020/21 fiscal year. This increase can be associated with the modernization of the program: increased staffing efforts, several process improvements and the assistance of consultants.

Sources of requests

During the 2022/23 fiscal year, a total of 5,510 requests were received. The sources of these requests were as follows:

• 3,331 (60%) from the public
• 1,178 (21%) from business
• 293 (5%) from the media
• 136 (3%) from organizations
• 121 (2%) from academia
• 451 (8%) declined to identify

Pages processed

The ATIP Branch’s level of output for the number of pages processed under the Access to Information Act during the 2022/23 fiscal year decreased by 6% compared to the 2021/22 fiscal year, but was 68% higher than the 2020/21 fiscal year. The decrease in 2022/23 is attributable to the size and type of material being requested. It is not uncommon to process large requests each with thousands of pages each.

Completion time

The ATIP Branch was able to complete a total of 1,500 (27%) requests in 30 days or less. During the reporting period, 844 (15%) requests were completed within 31 to 60 days, 614 (11%) were completed in 61 to 120 days and 2,675 (47%) were completed in more than 121 days compared to 50% in more than 121 days during the previous reporting period.

Extensions

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

For the requests closed during the 2022/23 reporting period, the RCMP sought a total of 3,084 extensions under section 9(1)(a), which pertains to unreasonable interference with operations.

A total of 29 extensions under section 9(1)(b), which pertains to necessary consultations were taken.

No extensions under section 9(1)(c) were taken for third-party consultation.

While the RCMP makes every effort to avoid extensions, the unique operational reality of the organization sometimes requires additional time to process requests. For example, during British Columbia and Alberta’s wildfires and floods, several detachments were structurally impacted at various levels, others had to close, and many were on Evacuation Alert. Extensions were therefore sought for requests in these affected areas.

Consultations for other institutions

During the reporting period, the RCMP completed 344 consultations, totalling 19,720 pages reviewed. Of the 344 completed consultations, 302 were received from other Government of Canada institutions and 42 were from other organizations. Of those, 143 (47%) consultation from Government of Canada institutions were completed within 30 days, and 20 (48%) consultations from other organisations were completed within 30 days.

There was a minimal decrease in the number of consultations received and completed this reporting period compared to the previous reporting period; however, the number of consultations and pages received increased significantly from fiscal year 2019/20, likely due to other Government of Canada institutions’ inability to process requests during the first year of the COVID-19 pandemic.

Active outstanding requests from previous reporting periods

At the conclusion of the 2022/23 fiscal year, a total of 6,048 requests were outstanding which is a decrease of 2% compared to the previous reporting period. Of those outstanding, 12% were carried over within legislated timelines, and 88% were carried over beyond legislated timelines.

Here are the number of the carried over requests received by fiscal year received:

• 2,725 (45%) received in 2022/23
• 1,563 (26%) received in 2021/22
• 1,064 (18%) received in 2020/21
• 331 (5%) received in 2019/20
• 212 (4%) received in 2018/19
• 119 (2%) received in 2017/18
• 31 (1%) received in 2016/17
• 3 (less than 1%) received in 2015/16 or earlier.

Active outstanding complaints from previous reporting periods

At the conclusion of the reporting period, a total of 290 complaints were outstanding. Here are the number of outstanding complaints by the fiscal year received:

• 189 (65%) received in 2022/23
• 74 (26%) received in 2021/22
• 6 (2%) received in 2020/21
• 18 (6%) received in 2019/20
• 2 (less than 1%) received in 2018/19
• 1 (less than 1%) received in 2017/18 or earlier

ATIP modernization

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

The RCMP began implementation of the strategy in the previous reporting period and is committed to seeing it through over the course of the next several years. The objective is to increase compliance rates and enhance public transparency. The RCMP posted the strategy, and is providing quarterly updates on the RCMP external website, and we encourage all Canadians to visit the site and monitor our progress.

Over the reporting period, the RCMP continued to make progress in implementing the strategy. While more details can be found on our external website, some key initiatives include:

Ongoing work enhancements:

The RCMP continued to engage PricewaterhouseCooper (PwC) to assist with its modernization efforts. During the reporting period, new approaches designed to support culture and business process changes (e.g. introduction to new skills and tools for day-to-day work) have been implemented. Branch sustainability plans were also created and are monitored monthly and updated quarterly. A change management plan was also developed that identified new opportunities to promote and push change throughout the RCMP. Stakeholders also provided positive feedback on the modernization efforts.

Restructuring and hiring blitz:

As previously noted, the ATIP Branch has begun implementing a significant restructure and reorganization to ensure that it is bringing the necessary resources and leadership to meet its obligations under the Access to Information Act and the Access to Information Act. The new structure separates the ATIP Branch into three streams: Access to Information (responsible for meeting Access to Information Act obligations); Privacy (responsible for meeting Access to Information Act obligations); and, Operational Supports (responsible for providing critical support services for the entire Branch, such as intake, systems maintenance and data reporting and analysis). Each stream is led by a director, with the Branch now reporting to a Director General. These changes are bringing new personnel into the Branch with the ultimate objective of almost doubling its size over the next four years. As part of its continued modernization efforts, the Branch is looking for people from a variety of places in order to meet its staffing needs. Staffing efforts in all areas, including indigenous recruiting, has resulted in growth from approximately 65 employees to almost 90 by the end of the reporting period. The Branch currently receives funding to staff about 118 positions with a projected organizational chart of 137 staff. For the 2023/24 fiscal year, it will focus on staffing all funded positions.

Focusing on training:

As part of broader modernization efforts, the ATIP Branch continued to promote the online ATIP Fundamentals training course to personnel, which resulted in a positive enrollment rate. The ATIP Branch also provided presentations to RCMP employees in four different divisions and divisions provided internal training to their Offices of Primary Interest. Additional efforts continue on the development of new training and course offerings for ATIP Branch personnel and the broader organization that will be in place for the next reporting period. In fact, expanding training delivery forms a key part of the Branch’s human resources strategy for ATIP modernization, succession planning, and employee retention.

Sharing best practices:

ATIP modernization is underway across the Government of Canada. In order to ensure that the RCMP continues to benefit from the lessons learned and work underway by its partners, and that partners were aware of work underway at the RCMP, the RCMP remains the lead of an interdepartmental working group to exchange best practices and identify areas for collaboration. Some of the topics discussed have included onboarding of new employees, key performance indicators and improved streamlining practices.

Additional efforts include:

• As part of the RCMP’s response to major events such as the Freedom Convoy in Ottawa and the police assistance for pipeline projects in British Columbia, the ATIP Branch assigned key analysts who work directly with the record holders to retrieve relevant records. This provided a consistent and quick response due to their complete and unique knowledge of the records.
• The ATIP Branch was involved in the implementation of the Mass Casualty Commission’s recommendations following the events in Portapique, Nova Scotia. Advice and guidance were given to ensure the RCMP’s response was more open and transparent from the onset.
• Technology is fundamental to ATIP’s ability to meet its obligations under the Acts. The Branch is exploring such options including new case management software, the use of automation, and cloud computing to find efficiencies to improve our response times.
• Money and technology were provided to Divisions/Liaison Officers to enhance their ATIP capabilities with the goal of creating divisional ATIP bureaus.
• The ATIP Branch regularly works with the RCMP’s Audit and Evaluation unit to conduct informal reviews of audits/reports prior to their publication.
• Following a Ministerial Directive, the ATIP Branch continues to support the RCMP’s Management Advisory Board by conducting informal reviews prior to the publication of their recommendations which supports internal reform while remaining transparent with the public.

Nearing the end of this reporting period, the RCMP joined the Treasury Board of Canada Secretariat ATIP Online Management Tools portal. This portal allows requesters to submit their requests under both the Access to Information Act and the Access to Information Act online, directly to the institution, upload any required supporting documentation, and even receive their release packages online.

Complaints and investigations

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

As identified in the Office of the Information Commissioner’s 2022/23 annual report, 2022/23 Annual Report (oic-ci.gc.ca), the Office of the Information Commissioner received a record number of complaints during this reporting period. As the Office of the Information Commissioner worked diligently to respond and investigate these complaints, departments and agencies had to respond accordingly to support the Office of the Information Commissioner investigative process, and respond to the inquiries of the Agent of Parliament. The RCMP was no exception to this, and had to respond accordingly to ensure that it was meeting its expectations.

As part of the modernization strategy, the ATIP Branch continued to utilize a dedicated team of ATIP personnel to serve as the primary point of contact for the Office of the Information Commissioner. The team is led by a manager responsible for coordinating complaints and assisting in complaint-related reporting to both the Office of the Information Commissioner, ATIP management and RCMP senior management. Regular monthly meetings were held between the Office of the Information Commissioner and the ATIP Branch to discuss file progression. These monthly meetings resulted in the resolution of complaints and better collaboration with Office of the Information Commissioner and the ATIP Branch.

Section 9 – Statistical report

Section 9 of the Statistical Report in Appendix B also provides data on the complaints received and closed. Specifically, for the 2022/23 reporting period, the RCMP received and provided the following under the Access to Information Act:

Section 32

The RCMP received 475 notices, which represents nearly 8.4% of all requests closed during the reporting period. The majority of the complaints received relate to delays, where the RCMP was unable to respond within 30 days and therefore considered in deemed refusal in accordance with the Act. Under this section, the Office of the Information Commissioner formally notifies the institution of their intent to investigate a complaint received.

Section 30(5)

The RCMP received 417 notices. Under this section, if the Office of the Information Commissioner refuses or ceases to investigate a complaint, it notifies the complainant, the institution and, if applicable, any third party and the Privacy Commissioner.

Section 35

The RCMP provided 97 formal representations. Under this section, the Office of the Information Commissioner provides an opportunity to institutions to provide representation to an ongoing complaint investigation.

Section 36.1

The RCMP received 11 intent to order notifications. Under this section the Office of the Information Commissioner may issue an order to the institution to release the requested information.

Orders received link to Treasury Board of Canada Secretariat

No notifications were provided to Treasury Board of Canada Secretariat in relation to the Office of the Information Commissioner’s intent to order.

Section 37(1)

The RCMP received 12 initial reports. Under this section, the Office of the Information Commissioner finds that the complaint is well founded and provides the institution the findings of their investigation, specific recommendations to remedy the issue, and when appropriate, a specific time frame that the Office of the Information Commissioner can expect a plan to implement the recommendations. The institution must then decide on whether to implement the recommendations.

Section 37(2)

70 Final reports were issued during the reporting period. One report contained recommendations and 17 stated the Office of the Information Commissioner’s intent to order. No formal orders were received from the Office of the Information Commissioner during this reporting period.

Court action

Two court proceedings were actioned with respect to access requests processed within the 2022/23 fiscal year, and none were discontinued/concluded nor dismissed in this reporting period.

Access to Information Act and Privacy Act Delegation Order

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

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

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

Section 1: Requests under the Access to Information Act

Section 2: Informal requests

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

Section 4: Requests closed during the reporting period

4.5 Complexity

4.6. Closed requests

4.7 Deemed refusals

Section 5: Extensions

Section 6: Fees

Section 7: Consultations received from other institutions and organizations

Section 8: Completion time of consultations on cabinet confidences

Section 9: Investigations and reports of finding

Section 10: Court action

Section 11: Resources related to the Access to Information Act

Note: Enter values to three decimal places.

Statistical Report on the Access to Information Act