Annual Report - Access to Information Act
April 1, 2016 – March 31, 2017

Introduction

The Canadian Institutes of Health Research (CIHR) is pleased to submit to Parliament its annual report on the administration of the Access to Information Act for the fiscal year commencing April 1, 2016 and ending March 31, 2017. This report is submitted in accordance with section 72 of the Act.

The purpose of the Access to Information Act is to provide a right of access to information in records under the control of a government agency such as CIHR.

CIHR is the major federal agency responsible for funding health research in Canada. The CIHR concept is unique – a multi-disciplinary approach organized through a framework of 13 "virtual" institutes each dedicated to a specific research area, linking and supporting researchers pursuing common goals. Institutes bring together researchers who approach health challenges from different disciplinary perspectives, drawing on the combined strengths of these approaches.

According to the Canadian Institutes of Health Research Act, the mandate of CIHR is to excel, according to internationally accepted standards of scientific excellence, in the creation of new knowledge and its translation into improved health for Canadians, more effective health services and products and a strengthened Canadian health care system.

CIHR reports to Parliament through the Minister of Health.

CIHR is led by a President and a Governing Council comprised of up to 18 members appointed by Order-in-Council. The Governing Council sets the overall strategic direction, goals and policies. It establishes, maintains, and terminates Health Research Institutes and determines the mandate of each. As outlined in the legislation, the Governing Council is responsible for the management of CIHR, including: developing its strategic direction, goals and policies; evaluating its performance, approving its budget; establishing a peer review process for research proposals submitted to CIHR; approving funding for research; approving other expenditures to carry out its objective; establishing policies that encourage consultation and collaboration with persons and organizations that have an interest in health research; and dealing with any other matter that the Governing Council considers related to the affairs of CIHR.

CIHR's administration of its Access to Information and Privacy (ATIP) activities is in accordance with the government's stated principles that government information should be available to the public with only specific and limited exceptions. Furthermore, CIHR treats personal information in compliance with the code of fair information practice expressed in the Privacy Act.

Organization and Delegation of Authority

The President of CIHR is the designated head of the institution for the purposes of the Access to Information Act. In accordance with his authority under Section 73, the President has designated the Executive Vice-President, External Affairs and Business Development to exercise any of his powers, duties or functions under the Act.

He has also designated the Director General, Corporate and Government Affairs and the Access to Information and Privacy (ATIP) Coordinator to exercise these duties and functions.

A copy of the Delegation Order is attached as Appendix A.

The ATIP Coordinator is the only CIHR employee with full-time responsibilities related to the administration of the Access to Information Act. She is responsible for managing CIHR's responses to formal Access to Information Act requests, for providing advice and training to CIHR managers and staff, for drafting reports, and for developing and updating CIHR's chapters in the public repositories of institutional information holdings (Info Source) maintained by the Treasury Board Secretariat. She is also responsible for developing and implementing policies, guidelines, and procedures to ensure that CIHR meets its responsibilities under the Act. She is tasked with the same duties and responsibilities with respect to the administration of the Privacy Act.

Disposition of Requests

CIHR received twenty five requests under the Access to Information Act in 2016-2017 compared to sixteen requests in 2015-2016. Eight requests were brought forward from the previous fiscal year and three were carried forward to the next fiscal year. A total of thirty one requests were completed. A statistical summary showing the disposition of these requests is attached as Appendix B.

Eighteen of the requests were submitted by the media, two by the academia, two by the public, two by organization one by business.

Seventeen requests resulted in the full disclosure of the requested information. Fourteen requests resulted in partial disclosure as some information was withheld based on exemption provisions.

Three of the requests were completed in thirty or fewer days, seven within sixty days and twenty requests in one hundred and twenty days or under.

CIHR cited Section 19 under the Access to Information Act for the fourteen requests that resulted in partial disclosure and two requests cited Section 21.

The ATIP Office deals with both formal requests made pursuant to the Act and informal requests and provides functional advice and guidance to managers and employees concerning the release of information and protection of privacy.

The ATIP office responded to thirty one informal requests.

Fees

Owing to the difficulty of tracking all of the operational costs related to the administration of the Act, the costs and person year usage statistics are conservative estimates. Almost all costs are attributable to salary, and include fractions of the salaries of the directors, managers and employees who participated in work related to the Act.

Training and Education

CIHR delivered one awareness session on the Privacy Act to the members of the executive management committee and the extended executive in 2016-2017 (thirteen people).

The ATIP Coordinator attended the annual Canadian Access and Privacy Association workshop as well as various workshops organized by the Treasury Board Secretariat throughout the fiscal year. These workshops provide valuable information on trends and best practices within the ATIP community, updates on recent complaints and court cases, and tools to help improve service standards within the field.

Policies, Guidelines and Procedures

There were no significant revisions to access to information policies, guidelines or procedures implemented by CIHR during the reporting period.

Complaints

Two complaints were received in the reporting year. The complaints are from one requester. The complainant alleged CIHR took an invalid extension of time under the Access to Information Act and alleged CIHR improperly applied exemptions. CIHR has provided a copy of its files to the OIC. The OIC's investigations remained underway at the end of the current report period.

One complaint was carried over from the reporting period 2013-2014. The complainant alleged CIHR improperly applied exemptions. CIHR reviewed it's records and released additional information to the complainant during the reported period 2016-2017. The OIC's investigation remained under way at the end of the current reporting period.

Monitoring Compliance

No monitoring was conducted during the reporting period.

However, Senior Management is kept abreast of all requests received under the Access to Information Act.

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