2023-2024 Administration of the Access to Information Act

• Message from the Chair
• Introduction
• About the Veterans Review and Appeal Board
• Organizational Structure
• Delegation Order
• Performance for 2023-2024
  • Formal Access to Information requests
  • Informal access to information requests
  • Extensions
  • Exemptions
• Consultations
• Training and Awareness
  • Onboarding of new staff
  • The impact of records and information management on access and privacy 
• Policies, guidelines, and procedures
• Proactive publication under Part 2 of the Access to Information Act
• Initiatives and projects to improve privacy
  • Digitization of hearing recordings
  • Service Health Record Search Tool (SHRST)
  • ATIPXpress
• Summary of key issues and actions taken on complaints
• Access to information fees and operating costs
• Monitoring compliance
• Annex A: 2023 Delegation Order Access to Information Act and Privacy Acts
• Annex B: Statistical report on the Access to Information Act
• Annex C: Supplemental statistical report on the Access to information Act and Privacy Act

On behalf of the Veterans Review and Appeal Board (VRAB or the Board), I am pleased to present the 2023-24 annual report to Parliament on the administration of the Privacy Act.

This legislation enhances government transparency by allowing Canadian citizens to access information held by the Government of Canada. It promotes openness, accountability, and dialogue between citizens and their government.

As per of our dedication to uphold transparency and accountability, the Board's ATIP unit collaborated with our offices of primary interest to put in place new processes to ensure we are compliant with the requirements for proactive disclosure.

In the fiscal year 2023-24, VRAB ATIP handled 67,459 pages in response to Access to Information and Privacy requests, representing a 42% workload increase compared to the previous year. We met our legislated timelines 100% of the time.

VRAB is focused on digital innovation and laying the ground work for developing a solid foundation for an effective information management system so that Canadians can exercise their right of access and receive high quality information without delays.

Sincerely,

Christopher J. McNeil

The Access to Information Act (ATIA) gives Canadian citizens and individuals present in Canada a broad right of access to information contained in government records under control of the institution, subject to certain specific and limited exceptions. It maintains that government information should be available to the public and should complement and not replace existing procedures for access to government information.

Section 94 of the Access to Information Act requires that the head of every government institution prepare an Annual Report on the administration of the Act for submission to Parliament during each fiscal year.

The Annual Report is prepared and tabled in Parliament in accordance with section 20 of the Service Fees Act.

The Veterans Review and Appeal Board has full and exclusive jurisdiction to hear, determine and deal with all applications for review and appeal that may be made to the Board under the Pension Act, the Veterans Well-being Act - Part 3, the War Veterans Allowance Act and other Acts of Parliament. All matters related to appeals under this legislation are authorized under the Veterans Review and Appeal Board Act.

The Board also adjudicates applications for review and appeal of duty-related disability pension decisions under the authority of the Royal Canadian Mounted Police Pension Continuation Act and the Royal Canadian Mounted Police Superannuation Act.

The Board follows the open court principle. This means that our hearings and our decisions are open to the public.

All of the Board's published decisions are available on the Canadian Legal Information Institute (CanLII) website. CanLII is a well-known legal resource that organizes decisions by year and is searchable by key word.

To balance openness in decision-making with applicants’ privacy, the Board removes personal information that is not relevant to the reasons for the decision. This includes names of the applicant or appellant and non-expert witnesses, as well as other information that could identify the individual (e.g. file numbers or home address). A published decision may contain some information that is relevant to the decision, such as:

• the relationship between the applicant/appellant and a family member or witness at the hearing;
• medical conditions;
• occupational information;
• personal characteristics that are relevant to the disability application; and
• excerpts of medical opinions and doctors' reports.

This approach is consistent with the principles found in the "Use of Personal Information in Judgments and Recommended Protocol" approved by the Canadian Judicial Council.

The Board’s Access to Information and Privacy (ATIP) positions include a Deputy Coordinator, a Coordinator, and Senior ATIP Analyst, and an ATIP Analyst. The Board has full responsibility for the administration of the Access to Information Act and the Privacy Act. The ATIP unit is under the Director, Strategic and Corporate Services, who acts on behalf of the Chairperson of the Board to oversee the administration of the Access to Information Act and the Privacy Act.

Duties of the ATIP unit include:

• Process requests for information submitted under the Access to information Act and the Privacy Act in accordance with the legislation, regulations, and Treasury Board of Canada Secretariat (TBS) policies, guidelines, and directives.
• Provide VRAB managers and staff with advice and guidance regarding the interpretation and application of the Access to information Act and the Privacy Act and related TBS policies, guidelines, and directives.
• Develop policies, procedures, and guidelines for the administration of the Act and related TBS policies, guidelines, and directives.
• Coordinate the resolution of any complaints against the VRAB made to the Office of the Privacy Commissioner under the Privacy Act.
• Respond to consultations from other government institutions on Access and Privacy requests.
• Promote awareness to ensure employees understand their roles and responsibilities and the Board fulfills its obligations under the Acts.
• Respond to Parliamentary written questions on access to information and privacy breaches.
• Support the VRAB’s commitment to openness and transparency through proactive disclosures, informal releases of information and publishing the summaries of completed access to information requests to the Open Government portal.
• Review contracts with third parties using TBS guidance documents.
• Update the VRAB’s Information about Programs and Information Holdings (formerly known as Info Source) chapter on the VRAB website in accordance with the TBS directive.
• Monitor and report on the Board’s proactive disclosures.
• Prepare the Annual reports to Parliament and the Annual Statistical Report on the Administration of the Access to Information Act.

In September 2023, the Chair of the Veterans Review and Appeal Board delegated his authority for the purposes of the Act. Annex A is a copy of the signed delegation instrument that took effect September 1, 2023.

In the fiscal year 2023-24, the administration’s performance in responding to requests for personal information under the Access to Information Act has been marked by notable efficiency and transparency. The period saw a significant decrease in the volume of pages processed.

Formal Access to Information requests

The Statistical Report supports oversight, accountability, and transparency by providing data on the performance of the Government of Canada’s Access to Information program. The following section provides a summary of the highlights of the Statistical Report (Annex B) the Administration of the Access to Information Act for the period of April 1, 2023, to March 31, 2024.

The Board responded to four ATI requests (100%) within legislated timelines as the key measure of the Board’s performance.

Table 1. Number of Access to Information requests by fiscal year

All information was disclosed in response to two requests. One request was disclosed in part and no records exist for the fourth request.

Given the limited number of requests, it is impractical to present the information in a table or as a figure.

One request was completed within 0-15 days. Three requests were completed within 16 to 30 days.

There were no active requests as of the last day of the reporting period.

Figure 1. Number of pages processed vs the number of pages release by fiscal year

Extensions

Section 9 of the Access to Information Act allows institutions to extend the original 30- day statutory time limit if the request is for a large number of records and meeting the original time limit would unreasonably interfere with the Board’s operations, consultations are necessary, or third-party notification.

No extensions were taken to respond to ATI requests in 2023-24.

Exemptions

An exemption is a provision under the Access to Information Act that authorizes the head of the institution or delegate to refuse to disclose records in response to an access request. Exemptions should always have limited scope and be specific in nature.

The Board’s ATIP Unit applied exemptions under the following sections of the Access to information Act (reference table in Annex 2):

• Subsection 19(1), which protects personal information of individuals, was applied in one request.

Consultations with other government institutions take place when records that originate from another institution are retrieved in response to an ATIP request. Consultations are conducted if the disclosure of another institution’s information could cause an injury to that institution, the conduct of international affairs, an investigation, the defense of our country, or other factors.

in 2023-24, VRAB ATIP did not receive any consultations from another Government of Canada institution for response.

In 2023-24, ATIP and the Information Management (IM) unit at the Board worked together to strengthen training for employees at VRAB.

Onboarding of new staff

ATIP created and implemented a new training program to onboard 47 new hires. The onboarding session provided a comprehensive overview of personal and information of business value (IBV), emphasizing the crucial role these new employees will play in managing information at the Board in compliance with the Access to Information Act, Privacy Act, and other relevant regulations. The training also covered best practices for handling IBV and strategies to prevent privacy breaches.

IM created and conducted onboarding training for 47 new hires. The training focused on efficient and effective management of records and information to support program delivery, inform decision-making, accountability, transparency, collaboration, and compliance with relevant laws. Additionally, employees were reminded of their role in preserving and granting access to information for the benefit of current and future Canadians.

IM provided training to 16 new students working on a hearing recording digitization project. Topics covered included: proper handling and transportation of client records, the proper disposition protocols of physical media once digitized, and the handling of client information in electronic client systems.

Expanding training for new staff and students can positively impact the Access to Information and Privacy regime in several ways:

Awareness of IM Practices: Employees gain a better understanding of how good Information Management (IM) practices support effective record-keeping. This awareness contributes to an efficient ATIP system.

Efficient Record Handling: Proper training ensures that employees handle client records appropriately during digitization. This includes understanding how to manage physical media once it’s digitized, ensuring consistent and accurate information management.

Enhanced Service: Well-trained employees can provide timely and consistent service to requesters. By following proper protocols, they contribute to a smoother ATIP process, benefiting both the public and government institutions.

The impact of records and information management on access and privacy

ATIP presented on the impact of records and information management on access and privacy to managers at the Board. It focused on encouraging information management best practices for the purpose of access, privacy matters, and the duty to document in support of transparency and accountability.

Effective records and information management (RIM) plays a crucial role in enhancing both access to information and privacy protection. By implementing strong RIM practices, organizations can ensure that records are accurately maintained, easily retrievable, and appropriately safeguarded. This reduces the risk of records being lost or inappropriately deleted, which in turn minimizes search times and costs associated with locating mishandled information. Moreover, well-managed records support transparency and accountability, enabling organizations to respond promptly to information requests.

The Access to Information and Privacy unit maintained its focus on supporting managers by offering expert advice and guidance on existing policies, guidelines, and procedures. This approach allowed the unit to provide consistent and reliable support, helping managers effectively implement and adhere to established protocols. By doing so, the unit reinforced its commitment to fostering a compliant and informed organizational environment.

Proactive publication under Part 2 of the ATIA requires federal institutions to automatically publish certain types of information without waiting for specific requests. This includes materials like travel expenses, reclassification of positions, and contracts over $10,000. The goal is to enhance transparency and accountability by making government information readily accessible to the public.

The table below outlines VRAB’s proactive publication requirements and the percentage of time we met these requirements. Note that for 2023-2024, monitoring began in September, when the delegation instrument went into effect.

Table 2. Proactive publications requirements table

VRAB’s proactive publications can be found at the following link: https://open.canada.ca/en.

During the summer of 2023-24, VRAB ATIP led consultations with internal OPIs to develop processes for proactive disclosures, ensuring the Board could meet its responsibilities and legislative requirements going forward. Performance monitoring and reporting began on October 1, 2023, with monthly updates provided to senior management and the Chair’s office.

The Board has made significant progress in proactive disclosure to enhance accountability and transparency. Our next steps involve reviewing the established processes to identify any gaps and make necessary adjustments.

In today’s digital age, it’s important for everyone to have access to information. The Board has a number of key projects underway to help ensure we preserve and safeguard information through innovation to continue to provide and elevate access to justice, productivity, and build a culture that is inclusive of all and empowers our people to support all Veterans.

The Board strives to be open and transparent, so that Veterans and Canadians can hold us accountable for our actions and decisions

Digitization of hearing recordings

The digitization of hearing recordings allows for enhanced access to historical hearing recordings. It ensures the preservation of the information and streamlines the record retrieval process by reducing the time and effort needed to access recordings.

The digitization hearing recordings on cassette tapes began in March 2023 with 115, 744 cassettes that needed to be digitized. From April 1, 2023 to March 31, 2024 16 FSWEP students worked on the cassette digitization project. During this time, the team processed 19,973 cassettes.

The project is on-going and the team is making great progress.

Service Health Record Search Tool (SHRST)

The SHRST is used by the VRAB Pre-hearing team to facilitate the creation of the Statement of Case. The Statement of Case (SOC) is a compilation of relevant evidence and information from various sources, prepared by the Board for your hearing. It includes documentation from Veterans Affairs Canada, Department of National Defence, and previous hearings, and may be updated with new evidence presented during the hearing. This tool enables efficient searching through digital documents for relevant information in the official client repository, which can then be bundled to support clients’ decisions.

The protection of client privacy is a top priority at the Board. The SHRST restricts access to personal information, allowing access only to authorized personnel with a legitimate need to access it. Additionally, the system provides comprehensive auditing capabilities to track who accesses client files within the SHRST. By enabling work completion within the system itself, the tool minimizes the risk of inadvertently sharing client information outside the secure environment, enhancing overall data security

ATIPXpress

VRAB ATIP is dedicated to improving service to Canadians through digital innovation to bring the ATI regime more in line with contemporary expectations by making it more responsive, accessible, and relevant.

VRAB purchased licences of ATIPXpress to begin the work of moving away from Privasoft for processing ATIP requests which has now become outdated. ATIPXpress is a suite of modules that unites request handling, record retrieval, redaction, and compliance tasks on a single solution.

ATIPXpress streamlines and automates time-consuming and costly request management processes while ensuring compliance with government guidelines and legislated requirements.

VRAB ATIP expects to have the new solution implemented by the fall of 2024-25.

The Access to Information Act grants individuals the right to access information held by government institutions. It also allows individuals to file a complaint with the Information Commissioner regarding issues related to an access request made under the Act, such as:

• The institution’s response to the request
• The institution’s failure to respond to the request
• The manner in which the institution handled the request

The Board’s ATIP office has not received any complaints regarding access to information requests. No issues have been raised by individuals concerning the handling of or response to their requests. The VRAB ATIP office remains committed to maintaining transparency and ensuring that all access to information requests are managed efficiently and effectively.

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.

Regarding fees collected under the Access to Information Act, the following details are reported in accordance with section 20 of the Service Fees Act:

Enabling authority: Access to Information Act

Fee payable: The only fee charged for an ATI request is a $5.00 application fee.

Total revenue for the 2023-2024 fiscal year: $10

Fees waived or refunded in 2023-2024: $5

Cost of operating the program: $29,333 for the fiscal year, which includes salaries, goods and services, software tracking, reporting on requests, and training for ATIP staff.

The VRAB ATIP unit monitors all requests for information through Access Pro Case Management (APCM). APCM is a case management system designed to handle ATIP requests. The system allows for tracking requests, managing documents, and ensuring compliance with relevant legislation.

The ATIP unit prepares two reports to provide a monthly snapshot for senior managers and the Chair’s Office. The first report is workload related on ATIP requests. It provides information on the number of requests, the number of pages processed, and the number of pages released for the fiscal year to date. The second report provides trends by fiscal year over a period of five years. Additional feedback is provided when trends present situations that need addressing such workload distribution, balancing priorities, and identifying the need for additional resources.

The Chairperson, Veterans Review and Appeal Board, pursuant to Section 73 of the Access to Information Act and section 73 of the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, 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 Veterans Review and Appeal Board, 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 Charlottetown, this first day of September, 2023.

Christopher J. McNeil

Chairperson, Veterans Review and Appeal Board

TBS/SCT 350-63

Name of institution:
Veterans Review and Appeal Board

Reporting period
From: April 1, 2023

To: March 31, 2024

Name of institution:
Veterans Review and Appeal Board

Reporting period
From: April 1, 2023

To: March 31, 2024