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PLSRB Access to Information Act Annual report - 2009-2010
ACCESS TO INFORMATION ACT
ANNUAL REPORT
PUBLIC SERVICE LABOUR
RELATIONS BOARD
2009-2010
© Minister of Public Works and Government Services Canada 2010
published by the Public Service Labour Relations Board
Cat. No. SR2-2/2010
ISBN 978-1-100-51834-3
This publication is also available on the PSLRB website at:
http://www.pslrb-crtfp.gc.ca
July 28, 2010
The Honourable James Moore, P.C., M.P.
Minister of Canadian Heritage and Official Languages
House of Commons
Ottawa, K1A 0A6
Dear Minister:
I am pleased to submit to you, pursuant to section 72 of the Access to Information Act, the Annual Report of the Public Service Labour Relations Board, covering the period from April 1, 2009 to March 31, 2010, for submission to Parliament.
Yours sincerely,
Casper M. Bloom, Q.C., Ad. E.
Chairperson
TABLE OF CONTENTS
ANNUAL REPORT
ACCESS TO INFORMATION ACT
APRIL 1, 2009 TO MARCH 31, 2010
INTRODUCTION
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 institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific, and that decisions about the disclosure of government information should be reviewed independently of government.
The Public Service Labour Relations Board (PSLRB) is an independent quasi-judicial tribunal responsible for administering the collective bargaining and grievance adjudication systems in the federal public service.
In accordance with its mandate under the Public Service Labour Relations Act (PSLRA), which was enacted on April 1, 2005, the PSLRB provides the following three main services: adjudication, mediation, and compensation analysis and research.
The PSLRB benefits Canadians by supporting a harmonious relationship between federal public service employees and their employers, which improves the ability of the public service to serve the public interest.
A proceeding before the PSLRB may involve a grievance adjudication, an arbitration, a conciliation through a Public Interest Commission, a mediation, an application for certification, a revocation of certification, a displacement, a complaint of unfair labour practices, an identification of a position or positions as having duties of a managerial or confidential nature, an essential services agreement, a determination of successor rights, an enforcement of obligations of the employer or of an employee organization, or a complaint of disciplinary action or discrimination that resulted from one or more federal employees exercising workplace health and safety rights under Part II of the Canada Labour Code.
STATISTICAL REPORTS/EXPLANATION
During the period under review, the PSLRB received seven access to information requests — one formal, six informal. Three requests were from the media; the other four were from the public. The formal request has been carried forward to the next fiscal year. No copies were issued for the informal requests since the files were consulted at the PSLRB’s premises.
The PSLRB also processed five consultation requests. The related documents were fully disclosed with the exception of one, for which subsection 19(1) of the Act was invoked for certain information.
SUPPORTING DOCUMENTATION
Organization of Activities and Delegation Instrument
The Chairperson has appointed the head of records and mail as the coordinator under the Act. The coordinator refers all requests received by the PSLRB to the appropriate branch for review and reporting before rendering a decision. The Chairperson is consulted if necessary. The coordinator dedicated approximately 3% of a person-year to administering the Act, updating the Government of Canada publication, Info Source, and preparing reports.
Implementation
A reading area is located in the PSLRB’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 PSLRB’s Subject Classification Manual and other relevant publications.
In compliance with the Treasury Board’s Policy on Information Management, the PSLRB’s Records Office continually reviews and updates its information holdings to ensure that information that could be requested under the Act may be retrieved quickly. In addition, all information included in the PSLRB’s main filing system is linked to its respective Program Record Number.
Institutional Policies
While the PSLRB’s policy is to charge fees for formal requests when 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 the processing fee.
PSLRB case files containing correspondence exchanged between the parties are available to the public for consultation at the PSLRB’s premises with appropriate notice. Exhibits filed at a hearing are also available to the public for consultation at the PSLRB’s premises with appropriate notice, once the decision on the merits of the case has been rendered or the PSLRB has otherwise closed its case file. PSLRB decisions are available electronically on its website.
Education and Training
Information about the Act is incorporated into the PSLRB’s orientation program for new employees and covers topics such as the following:
- the emails that should be filed to ensure that the PSLRB can respond to an access to information request, and
- the roles and responsibilities of employees with respect to information management.
Fifteen employees attended an orientation session for new employees held on November 18, 2009.
Complaints, Investigations and Audits
As of March 31, 2010, there were no complaints against the PSLRB under the Act.
Appeals to the Federal Court
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.
Chairperson / président
*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. III, Sch. II "73".
Access to Information Act Designation Order
ATTACHMENT
| Item # |
DESCRIPTION OF AUTHORITY | ATIA SECTION | CHAIRPERSON* | EXECUTIVE DIRECTOR OF THE BOARD* | DIRECTOR CORPORATE SERVICES* | ATIP COORDINATOR* | |
|---|---|---|---|---|---|---|---|
| ACCESS TO INFORMATON ACT | |||||||
| 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 INFORMATON 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.
