ARCHIVED – Annual Report on the Access to Information Act 2018–19

Annual Report on the Access to Information Act 2018–19 [PDF 3875 KB]

ISSN 2561-7737 (Print)
ISSN 2561-7745 (Online)

Copyright/Permission to Reproduce

About the National Energy Board

The National Energy Board is an independent federal regulator of several parts of Canada’s energy industry. It regulates pipelines, energy development and trade in the public interest with safety as its primary concern. The Minister of Natural Resources is responsible for this organization.

The National Energy Board (NEB or the Board) was established by Parliament to regulate, among other things, the construction, operation and abandonment of pipelines that cross provincial or international borders; international power lines and designated interprovincial power lines; imports of natural gas and exports of crude oil, natural gas liquids, natural gas, refined petroleum products, and electricity; and oil and gas exploration and production activities in certain areas. The NEB is also charged with providing timely, accurate and objective information and advice on energy matters.

For more information about the NEB please visit our website.

The Access to Information Act

The Access to Information Act (the Act) gives the Canadian public a right to access information contained in federal government records, subject to certain specific and limited exceptions.

In accordance with section 72 of the Act, the head of every federal institution is required to submit an Annual Report to Parliament on the administration of the Act following the close of each fiscal year. The Annual Reports are then tabled in Parliament pursuant to section 72 of the Act. This report describes how the National Energy Board (NEB) fulfilled its access to information responsibilities during the fiscal year 2018-2019.

Tabling of the annual report

This annual report is prepared and is tabled in Parliament in accordance with section 72 of the Act.

1. Statistical Report and Interpretation

I. Requests received under the Access to Information Act

In 2018–19, the NEB received 20 requests under the Act (92 fewer requests than the previous reporting period).

The NEB also processed 27 informal requests during the reporting period. A total of 24 informal requests were for previously released packages under the Act identified on the “Completed Access to Information Requests” page of the NEB website.

• 
  Source and Description:

  Source:
  NEB – Annual Report on the Access to Information Act 2018-19

  Description:
  This graph shows the number of pages processed for requests closed during reporting periods from 2014-15 to 2018-19. There was only a marginal decrease of 883 pages from the number of pages processed from fiscal year 2017-18. The ATIP Office’s workload remained relatively constant.

For requests closed during the reporting period, the NEB processed a total of 24,096 pages and disclosed 12,763 pages to requesters. This represents a marginal decrease of 883 pages from the number of pages processed from fiscal year 2017–18. Despite the drastic reduction in the number of access requests received, the ATIP Office’s workload remained relatively constant.

Other federal government agencies and departments also consulted the NEB on 32 occasions on which the records under their control related to NEB activities. The NEB processed 858 pages for these consultations. Similar to our access requests for this year, even though the number of consultations decreased, pages processed increased.

II. Source of requests

The NEB observed a decrease in the number of requests received. The most frequent types of requesters in 2018–19 were public (30 percent), followed by academia and business (25 percent each), and media (20 percent).

• 
  Source and Description:

  Source:
  NEB – Annual Report on the Access to Information Act 2018-19

  Description:
  This graph shows the source of requests closed during reporting periods from 2014-15 to 2018-19. The NEB observed a decrease in the number of requests received. The most frequent types of requesters in 2018-19 were public (30 percent), followed by academia and business (25 percent each), and media (20 percent).

III. Disposition of closed requests

In 2018–19, the NEB closed 22 requests.

This represents a decrease from the 147 requests closed in 2017–18. Of the 22 requests closed during the reporting period, records for 1 was disclosed fully, while records for 15 were disclosed in part. There were no requests for which relevant records were exempted in their entirety. Of the remaining 6 requests, 1 was abandoned by the applicant, 1 was transferred and 4 had no records associated with them.

IV. Exemptions or exclusions invoked

Most of the exemptions invoked by the NEB in 2017–18 fell under three sections of the Act: subsection 19(1), which protects personal information; paragraphs 21(1)(a), (b), (c) and (d), which protect advice, recommendations and the deliberation process of public servants; and section 23, which protects solicitor-client privileged information.

• 
  Source and Description:

  Source:
  NEB – Annual Report on the Access to Information Act 2018-19

  Description:
  This graph shows the exemptions invoked by the NEB in 2018-19. Most fell under three sections of the Act: subsection 19(1), which protects personal information; paragraphs 21(1)(a), (b), and (d) which protect advice, recommendations and the deliberations process of public servants; and section 23, which protects solicitor-client privileged information.

V. Extensions

Section 9 of the Act permits an extension of statutory time limits under certain circumstances. In 2018–17, the NEB invoked extensions on 11 occasions, or on about 55% of files, compared to 81% in the previous year. In 2 of these cases, an extension was required to conduct third-party notifications. In 7 of these cases, an extension was required for consultation within a government institution, with other government institutions or with other levels of government. A further 2 extensions were invoked since searches through large volumes of records made it impossible to meet the original timelines without interfering with NEB operations. All of the extensions, with the exception of 2 files, were for 120 days or less.

• 
  Source and Description:

  Source:
  NEB – Annual Report on the Access to Information Act 2018-19

  Description:
  This graph shows the exemptions invoked by the NEB in 2018-19. Most fell under three sections of the Act: subsection 19(1), which protects personal information; paragraphs 21(1)(a), (b), and (d) which protect advice, recommendations and the deliberations process of public servants; and section 23, which protects solicitor-client privileged information.

VI. Costs

During 2018–19, the NEB Access to Information and Privacy (ATIP) Office incurred $512,596 in salary costs and $0 in goods and services costs to administer the Act.

See annex A for further statistical information.

2. Practices and procedures

I. NEB Structure

Access to information requests at the NEB are processed by the ATIP Office, which reports to the Vice President (VP), Data and Information Management, as the ATIP Coordinator.

Reporting to the VP, Data and Information Management are 5 full-time employees who allocate a portion of their time to activities related to the Act. This includes one Senior ATIP Officer, three ATIP Officers, and a Director.

Access to information requests are received primarily through two channels; either through the mail or the ATIP Online Request Service (AORS). The NEB was among the first departments to onboard to the AORS, enrolling in the system in the fall of 2018-19, and to date has received 7 requests using this service.

Requests received through the mail or the AORS are logged into the NEB’s records management system by the Information Management & Architecture Team’s Records department and then forwarded to the ATIP Office. ATIP Office staff then process the requests in consultation with appropriate offices of primary interest and with external parties, where necessary.

II. NEB ATIP Training

Training was a significant area of focus for the NEB’s ATIP Office this year.

In addition to promoting access to information through in-person meetings, and online training, the ATIP Office also delivered a number of well-received internal presentations on ATIP as part of its training program.

During 2018-19, the NEB continued to require that all NEB staff and contractors successfully pass the Access to Information and Privacy Fundamentals – I015 course offered by the Canadian School of Public Service (CSPS). During this reporting period, 54 NEB employees registered for the course with 44 employees completing it successfully.

Training on the Access to Information Act and the Privacy Act was also offered by the ATIP Office which delivers both specialized training to respond to the needs of officers and clients, and general training to raise employees’ awareness of their responsibilities under these Acts. In this regard, the NEB reviewed its ATIP training materials (i.e. tasking email, PowerPoint presentation, ATIP Tips Sheet, etc.) towards improving its training and communications with NEB leadership and staff.

Specifically, new materials were developed, which aimed to better connect the legislation with the day-to-day work of employees. This was achieved by providing practical examples of typical NEB documents to staff, and showing them how the Act applies in different circumstances. Extended Q&A sessions with staff helped reinforce the information conveyed, and demonstrated the level of interest in understanding this information.

The ATIP Office anticipates that increased awareness of the Act amongst employees will improve their ability to collect records, help them better identify information for potential redaction, and enable them to better support the ATIP Office’s processing of requests. The ultimate goal being release packages that are responsive to requesters.

Training also focused heavily on employees’ obligations under the Privacy Act with respect to protection personal information. This was a considerable focus area for the ATIP Office this year, in light of an uptick in privacy breaches. In this regard, the NEB also reviewed its internal privacy breach procedures and practices to ensure NEB staff are aware of their obligations in the event of a privacy breach. The NEB has adopted TBS’ privacy breach management procedures, and utilizes the available suite of tools to assist in managing breaches.

In 2019-20, the ATIP Office is planning additional activities to raise awareness around ATIP and best practices. These activities will build on the NEB’s previous “ATIP Tip of the Week” campaign, which started in 2016-17, where each week a new ATIP tip was posted on the screensavers of all NEB staff’s computers. New screensaver tips have been created and will be rolled out later this year. The NEB looks forward to reporting on these activities in next year’s report.

Lastly, the NEB’s ATIP Officers received training by attending training conferences/webinars offered by the Treasury Board of Canada Secretariat Information and Privacy Policy Department, as well as attending the Canadian Access and Privacy Association yearly conference held in Ottawa in November 2018. The ATIP Office also participated in this year’s Right to Know week.

III. NEB Policies & Tools

Documentation and materials on the NEB’s ATIP program are being updated and will be made available through the corporate intranet, along with links to other materials, such as the Acts, Treasury Board Secretariat policies and guidance documents, and a range of information management and guidance tools.

With respect to supporting tools, the ATIP Office further improved its analysis table template, used to support the application of exemptions and decision-making, by building it in Microsoft Excel, and adding macros and pre-populated menus for frequently used sections of the Act. The table enables a more streamlined review of files between the ATIP Director, our in-house Legal Services Unit, and the ATIP Coordinator. It also serves as a record that shows the supporting judgement for the application of mandatory exemptions and the degree of deliberation that goes into our application of discretionary exemptions.

An additional tool that has assisted with the management of transitory email records, was the roll-out of an enterprise-wide Skype For Business application. This application was introduced to limit the need for using email for transitory information exchanges.

As an organization that values openness and transparency, the NEB strives to ensure that information is made publicly available without recourse to the Act. Exceptions to public access to information are limited and specific, as required by the legislation.

During the reporting period, the ATIP Office also continued to support enhanced proactive disclosure of information to the public. The goal is to provide all relevant information related to the Board activities in a manner that is clear and transparent.

3. Delegation of authority

The Governor in Council has designated the NEB Chair and CEO with the authority to exercise the powers, duties and functions of the Access to Information Act. However, the Chair and CEO has historically delegated said authority.

Due to changes in the leadership structure at the NEB, the ATIP Office was relocated under the VP, Data and Information Management. In the interim, the VP, Projects, oversaw two business units and retained delegated authority while a competitive staffing process was completed for the VP, Data and Information Management position. After an initial orientation period, authority was permanently delegated to the VP, Data and Information Management, as designed.

This year, the Chair and CEO took steps to increase operational efficiency, improve the Board’s ability to respond to ATIP requests in a timely manner, and minimize disruption to the exercising of this authority. Under the current set of orders, there are now three individuals that have been delegated full authority under the Act, instead of the previous one. They are: the VP, Data and Information Management (primary ATIP Coordinator), and the VP, Projects and Director, Access to Information and Privacy (alternate ATIP Coordinators). From an operational standpoint, granting this authority to three individuals ensures that files can be reviewed and signed-off on without undue delay.

See annex C for a copy of the delegation orders.

4. Compliance

The NEB achieved a compliance rating of approximately 68% for completed Access to Information requests closed within the legislated timeframe in 2018–19; this is the same level achieved in the previous year. While the volume of pages processed is similar over the last two years, added resources and attention were given to closing complaints and applying lessons from these complaints. (Performance improvements are noted in the next section of the report.) The NEB's ATIP Office will continue to strive for both improved compliance rates and quality of information released.

With regards to the timeliness of processing access to information requests, the ATIP Office regularly communicates progress updates to the ATIP Coordinator through the ATIP Director. The ATIP Director receives weekly updates from the ATIP Office regarding the status of all active requests, and has access to a central tracker that is updated on a regular basis to establish action items or flag upcoming due dates.

5. Complaints and appeals to the Federal Court

During 2018–19, there were 5 new complaints registered with the Office of the Information Commissioner (OIC). This is a significant reduction from the 80 complaints reported by the OIC that were received in the previous year.

With 80 complaints registered, the NEB had become the 10^th most complained about organization with respect to the processing of ATIP requests.

To address this situation, the Board worked with the OIC to resolve these complaints as expeditiously as possible. In 2018-19, we took steps to better communicate with the OIC, to understand where complaints are in the process, and how we can work towards their resolution. In many cases, the NEB re- reviewed files towards lifting redactions that are the subject of complaints, or releasing additional documentation.

The Office of the Information Commissioner issued findings and recommendations regarding 31 complaints during 2018-19. Of those findings, 16 complaints were abandoned or discontinued, 6 complaints were recommended as well founded, and 9 complaints were recommended as not well founded.

For the complaints that were ruled well founded, the NEB followed and applied the Office of the Information Commissioner’s recommendations, namely by disclosing information which had been exempted under the Act.

Going forward, the NEB will continue to work closely with the Office of the Information Commissioner to resolve the remaining ongoing complaints in a timely and efficient manner.

No appeals were made to the Federal Court of Canada during 2018–19.

Annex A – Statistical information

Statistical Report on the Access to Information Act

Name of institution:National Energy Board of Canada

Reporting period: 2018-04-01 to 2019-03-31

Part 1: Requests Under the Access to Information Act

1.1 Number of requests

1.2 Sources of requests

1.3 Informal requests

Note: All requests previously recorded as “treated informally” will now be accounted for in this section only.

Part 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time

2.2 Exemptions

2.3 Exclusions

2.4 Format of information released

2.5 Complexity

2.5.1 Relevant pages processed and disclosed

2.5.2 Relevant pages processed and disclosed by size of requests

2.5.3 Other complexities

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline

2.6.2 Number of days past deadline

2.7 Requests for translation

Part 3: Extensions

3.1 Reasons for extensions and disposition of requests

3.2 Length of extensions

Part 4: Fees

Part 5: Consultations Received From Other Institutions and Organizations

5.1 Consultations received from other Government of Canada institutions and organizations

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

5.3 Recommendations and completion time for consultations received from other organizations

Part 6: Completion Time of Consultations on Cabinet Confidences

6.1 Requests with Legal Services

6.2 Requests with Privy Council Office

Part 7: Complaints and Investigations

Part 8: Court Action

Part 9: Resources Related to the Access to Information Act

9.1 Costs

9.2 Human Resources

Note: Enter values to two decimal places.

In addition to completing the forms for the statistical reports for the Access to Information Act for 2018-19, institutions were required to report separately on the application of three new exemptions added to the Access to Information Act. These exemptions are set out in the table below:

Access to Information Act

Annex B –

Statistical information (French)

Annex C –

Delegation Order

Access to Information Act Designation Replacement Order

The Chair and CEO of the National Energy Board (the Board), pursuant to Section 73 of the Access to Information Act (the Act) hereby replaces the Access to Information Act Designation Replacement Order made on the first day of September 2016, at the City of Calgary, in the Province of Alberta, by the following text.

The Chair and CEO of the Board, pursuant to Section 73 of the Access to Information Act^{Note 1} hereby designates the person holding the position of Executive Vice President, Transparency and Strategic Engagement to exercise the powers and perform the duties and functions of the Chair and CEO as head of a government institution under the Act.

Dated at the City of Calgary, in the Province of Alberta, this 6^th day of November 2017.

______________________________
Peter Watson
Chair and CEO

Access to Information Act Designation Replacement Order

The Chair and CEO of the National Energy Board (the Board), pursuant to Section 73 of the Access to Information Act (the Act) hereby replaces the Access to Information Act Designation Replacement Order made on the first day of November, 2017, at the City of Calgary, in the Province of Alberta, by the following text.

The Chair and CEO of the Board, pursuant to Section 73 of the Access to Information Act^{Note 2} hereby designates the person holding the position of Vice President, Projects to exercise the powers and perform the duties and functions of the Chair and CEO as head of a government institution under the Act.

Dated at the City of Calgary, in the Province of Alberta, this 9^th day of April 2018.

______________________________
Peter Watson, FCAE
Chair and CEO

Access to Information Act Designation Replacement Order

The Chair and CEO of the National Energy Board (the Board), pursuant to Section 73 of the Access to Information Act (the Act) hereby replaces the Access to Information Act Designation Replacement Order made on the first day of April, 2018, at the City of Calgary, in the Province of Alberta, by the following text.

The Chair and CEO of the Board, pursuant to Section 73 of the Access to Information Act^{Note 3} hereby designates the person holding the position of Vice President, Projects to exercise the powers and perform the duties and functions of the Chair and CEO as head of a government institution under the Act.

Dated at the City of Calgary, in the Province of Alberta, this 25^th day of July 2018.

______________________________
Peter Watson, FCAE
Chair and CEO

Delegation of Authority pursuant to the Access to Information Act and the Privacy Act

I, the Chair and CEO of the National Energy Board (the Board), pursuant to Section 73 of the Access to Information Act ^{Note 4} and section 73 of the Privacy Act^{Note 5} , hereby designate the persons holding the positions set out in the Delegation of Authority Schedule attached hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Chair and CEO of the National Energy Board under the provisions of the Acts and related regulations set out in the schedule opposite each position. This designation supersedes all previous delegation orders.

Dated at the City of Calgary, in the Province of Alberta, this 17^th day of December 2018.

______________________________
Peter Watson, FCAE
Chair and CEO

Delegation of Authority Schedule

Date modified:

2023-11-27