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PLSRB Access to Information Act Annual report - 2006-2007
ACCESS TO INFORMATION ACT
ANNUAL REPORT
PUBLIC SERVICE LABOUR
RELATIONS BOARD
2006-2007
© Minister of Public Works and Government Services Canada 2007
published by the Public Service Labour Relations Board
Cat. No. SR2-2/2007
ISBN 0-662-69782-4
This publication is also available on the Board’s Web site at:
http://www.pslrb-crtfp.gc.ca
June 29, 2007
The Honourable Beverley J. Oda
Minister of Canadian Heritage and
Status of Women
Jules Léger Building, 12th Floor
15 Eddy Street
Gatineau, QC K1A 0M5
Dear Minister:
I am pleased to transmit to you, pursuant to section 72 of the Access to Information Act, the 2006-2007 Annual Report of the Public Service Labour Relations Board covering the period from April 1, 2006 to March 31, 2007, for submission to Parliament.
| Casper Bloom, Q.C., AD. E. Chairperson |
TABLE OF CONTENTS
STATISTICAL REPORTS / EXPLANATION
Organization of Activities and Delegation Instrument
Complaints, Investigations and Audits
ANNUAL REPORT
ACCESS TO INFORMATION ACT
APRIL 1, 2006 TO MARCH 31, 2007
The Public Service Labour Relations Board was established on April 1, 2005, with the coming into force of the Public Service Labour Relations Act. This Board builds on the accomplishments of its predecessor, the Public Service Staff Relations Board, which was established in 1967 with the inception of collective bargaining in the Public Service of Canada.
The Public Service Labour Relations Board (the Board) is an independent, quasi-judicial statutory tribunal responsible for administering the collective bargaining and grievance adjudication systems in the federal Public Service and Parliament. The Board also provides mediation and conflict resolution services to help parties resolve differences without resorting to a formal hearing. As part of its new mandate, the Board has established compensation analysis and research services. Pursuant to the Act, the Board consists of a Chairperson, three Vice-Chairpersons, and such other full-time members and part-time members as the Governor in Council considers necessary.
Proceedings before the Board include grievance adjudication, arbitration, conciliation through Public Interest Commissions, mediation, applications for certification, revocation of certification, displacement, complaints of unfair labour practices, identification of positions whose duties are of a managerial and confidential nature, essential services agreements, determination of successor rights, enforcement of obligations of employer and employee organizations, and complaints of disciplinary actions or discrimination that resulted from federal employees having exercised their rights relating to workplace health and safety under Part II of the Canada Labour Code.
STATISTICAL REPORTS / EXPLANATION
The Board received three formal access to information requests during the period under review. All three requests were from individuals. For two formal requests the Board was unable to process the requests because it did not have the information being sought. The other request led to full disclosure of documents. Access to the disclosed information of the formal request was provided through copies of the documents.
The Board also processed 10 consultation requests. The documents that were part of the consultation requests were fully disclosed, with the exception of two requests where documents were partially disclosed. Third party exemption was used for one of the requests and 29(1) was used for the other.
Organization of Activities and Delegation Instrument
The Chairperson has appointed the Manager, Information Management Services, as Coordinator under the Access to Information Act. All requests received by the Board are referred by the Coordinator to the appropriate Branch for review and report before a decision is rendered on the request by the Coordinator. Where necessary, consultation takes place with the Chairperson. The Coordinator dedicated approximately 1% of a person‑year to administering the Access to Information Act, to updating the Government of Canada Publication Info Source, and to preparing reports.
A reading area is located in the Board's Records Office. A copy of the Government of Canada Publication Info Source is available for reference, as are Access to Information Request Forms, a copy of the Board's Subject Classification Manual and other relevant publications.
In compliance with the Treasury Board Policy on records management, the Board's Records Office continually reviews and updates its information holdings to ensure quick retrieval of information that could be requested under the Access to Information Act. In addition, all information included in the Board's main filing system is linked to its respective Program Record Number.
During the reporting period, all requests were submitted formally.
While the Board's policy is to charge fees for requests where the cost of processing exceeds $5.00, the nature and merit of each request is reviewed before a final decision is made as to whether to request or waive payment.
Information on the Access to Information Act is incorporated into the Board's orientation program for new employees.
An in-house information session was held on March 8, 2007 for employees of the Board and covered such topics as:
- Which emails should be filed to ensure that the Board can respond to an Access to Information request?
- What is the role and responsibility of employees when it comes to information management?
A subsequent session was presented to Board members. Approximately 60 employees and Board members attended these sessions.
Complaints, Investigations and Audits
As of March 31, 2007, the Board had no complaints against it under the Access to Information Act.
There were no appeals to the Federal Court during the period under review with respect to Access to Information requests.
Report on the Access to Information Act (PDF)
Access to Information Act
Designation Order
BY THIS ORDER made pursuant to section 73* of the Access to Information Act, I hereby designate the persons holding the positions of Executive Director of the Board, Director, Corporate Services and Access to Information and Privacy Coordinator to exercise or perform the powers, duties and functions of the head of a government institution under the Act, as specified in the attachment, insofar as they may be exercised or performed in relation to the Public Service Labour Relations Board, effective from April 1, 2007.
_______________________________________________
* 73. The head of a government institution may, by order, designate one or more officers or employees of that institution to exercise or perform any of the powers, duties or functions of the head of the institution under this Act that are specified in the order.
1980-81-82-83, c. 111, Sch. I “73”.
Access to Information Act Designation Order
ATTACHMENT
|
Item # |
DESCRIPTION |
ATIA |
CHAIR- |
EXECUTIVE DIRECTOR OF THE BOARD* |
DIRECTOR CORPORATE SERVICES* |
ATIP
|
|
|
|
ACCESS TO INFORMATION
|
|
|
|
|
|
|
|
|
ACCESS |
|
|
|
|
|
|
|
1. |
Notify where access granted/refused |
7(a) & (b) |
F |
F |
F |
F |
|
|
2. |
Transfer request |
8(1) |
F |
F |
F |
F |
|
|
3. |
Extend time limits |
9(1) |
F |
F |
F |
F |
|
|
4. |
Notify Information Commissioner of extension of time limits |
9(2) |
F |
F |
F |
F |
|
|
5. |
Notify where access refused |
10(1)(a) & (b) |
F |
F |
F |
F |
|
|
6. |
Require reproduction fees |
11(1) |
F |
F |
F |
F |
|
|
7. |
Require reproduction fees |
11(2) |
F |
F |
F |
F |
|
|
8. |
Require fees for machine readable records |
11(3) |
F |
F |
F |
F |
|
|
9. |
Require deposit |
11(4) |
F |
F |
F |
F |
|
|
10. |
Notify of fee payment requirement |
11(5) |
F |
F |
F |
F |
|
|
11. |
Waive or refund of fees |
11(6) |
F |
F |
F |
F |
|
|
12. |
Obtain/Provide translation or not |
12(2) |
F |
F |
F |
F |
|
|
13. |
Obtain/Provide alternative format or not |
12(3) |
F |
F |
F |
F |
|
|
|
EXEMPTIONS |
|
|
|
|
|
|
|
14. |
Refuse access – Confidential information |
13(1)(a) to (e) |
F |
F |
N |
N |
|
|
15. |
Disclose confidential information |
13(2)(a) & (b) |
F |
F |
N |
N |
|
|
16. |
Refuse access – Federal-provincial affairs |
14(a) & (b) |
F |
F |
N |
N |
|
|
17. |
Refuse access – International affairs and defence |
15(1)(a) to (i) |
F |
F |
N |
N |
|
|
18. |
Refuse access – Law enforcement and investigations |
16(1) (a) to (d) |
F |
F |
N |
N |
|
|
19. |
Refuse access – Security information |
16(2)(a) to (c) |
F |
F |
N |
N |
|
|
20. |
Refuse access – Personal information received from RCMP acting as a provincial or municipal entity |
16(3) |
F |
F |
N |
N |
|
|
21. |
Refuse access – Safety of individuals |
17 |
F |
F |
N |
N |
|
|
22. |
Refuse access – Economic interests of Canada |
18(a) to (d)(vi) |
F |
F |
N |
N |
|
|
23. |
Refuse access – Another individual’s personal information |
19(1) |
F |
F |
F |
F |
|
|
24. |
Disclose personal information |
19(2)(a) to (c) |
F |
F |
F |
F |
|
|
25. |
Refuse access – Third party information |
20(1)(a) to (d) |
F |
F |
N |
N |
|
|
26. |
Disclose testing methods |
20(3) |
F |
F |
F |
F |
|
|
27. |
Disclose third party information on consent |
20(5) |
F |
F |
F |
F |
|
|
28. |
Disclose in public interest |
20(6) |
F |
F |
N |
N |
|
|
29. |
Refuse access – Advice, plans, etc. |
21(1)(a) to (d) |
F |
F |
F |
F |
|
|
30. |
Refuse access – Tests for audits |
22 |
F |
F |
F |
F |
|
|
31. |
Refuse access – draft report |
22.1(1) |
F |
F |
F |
F |
|
|
32. |
Disclose draft report |
22.1(2) |
F |
F |
F |
F |
|
|
33. |
Refuse access – Solicitor-client privilege |
23 |
F |
F |
F |
F |
|
|
34. |
Refuse access – Restricted information |
24(1) |
F |
F |
F |
F |
|
|
35. |
Disclose severed information |
25 |
F |
F |
F |
F |
|
|
36. |
Refuse access – Published information |
26 |
F |
F |
F |
F |
|
|
|
THIRD PARTIES |
|
|
|
|
|
|
|
37. |
Notify third parties |
27(1)(a) to (c) |
F |
F |
F |
F |
|
|
38. |
Extend time for notice |
27(4) |
F |
F |
F |
F |
|
|
39. |
Notify third party regarding disclosure |
28(1)(b) |
F |
F |
F |
F |
|
|
40. |
Waive written representation from third party |
28(2) |
F |
F |
F |
F |
|
|
41. |
Disclose after notice to third party |
28(4) |
F |
F |
F |
F |
|
|
42. |
Disclose on Information Commissioner’s recommendation |
29(1)(a) & (b) |
F |
F |
F |
F |
|
|
|
COMPLAINTS |
|
|
|
|
|
|
|
43. |
Advise Information Commissioner of third party notice |
33 |
F |
F |
F |
F |
|
|
44. |
Make representation to Information Commissioner |
35(2)(b) |
F |
F |
F |
F |
|
|
45. |
Respond to Information Commissioner’s request to disclose information previously exempted |
37(1)(b) |
F |
F |
F |
F |
|
|
46. |
Give access to complainant |
37(4) |
F |
F |
F |
F |
|
|
47. |
Notify third party of Court action |
43(1) |
F |
F |
F |
F |
|
|
48. |
Notify applicant of Court action |
44(2) |
F |
F |
F |
F |
|
|
49. |
Request Court hearing be in National Capital Region |
52(2) |
F |
F |
F |
F |
|
|
50. |
Make Ex Parte representations to Court |
52(3) |
F |
F |
F |
F |
|
|
|
EXCLUSIONS |
|
|
|
|
|
|
|
51. |
Refuse access – Excluded information |
68 & 69 |
F |
F |
F |
F |
|
|
|
OTHER |
|
|
|
|
|
|
|
52. |
Provide facilities to review manuals |
71(1) |
F |
F |
F |
F |
|
|
53. |
Refuse access - Information severed from manuals based on exemptions/exclusions |
71(2) |
F |
F |
F |
F |
|
|
54. |
Prepare annual report to Parliament |
72(1) |
F |
F |
F |
F |
|
|
55. |
Delegate authority by Head of institution |
73 |
F |
n/a |
n/a |
n/a |
|
|
|
ACCESS TO INFORMATION REGULATIONS |
|
|
|
|
|
|
|
56. |
Require access by examination |
8(1) |
F |
F |
F |
F |
|
|
57. |
Provide for examination in person instead of copy |
8(1.1) |
F |
F |
F |
F |
|
|
58. |
Provide copy of record |
8(2) |
F |
F |
F |
F |
|
* “F” = Full Authority.
* “N” = No authority. To be obtained from the next level up.
