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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

INTRODUCTION

STATISTICAL REPORTS / EXPLANATION

SUPPORTING DOCUMENTATION

Organization of Activities and Delegation Instrument

Implementation

Formal/Informal Interface

Institutional Policies

Education and Training

Complaints, Investigations and Audits

Appeals to the Federal Court


ANNUAL REPORT
ACCESS TO INFORMATION ACT
APRIL 1, 2006 TO MARCH 31, 2007

INTRODUCTION

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.

SUPPORTING DOCUMENTATION

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.

Implementation

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.

Formal/Informal Interface

During the reporting period, all requests were submitted formally.

Institutional Policies

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.

Education and Training

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:

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.

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.

_______________________________________________

* 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
OF AUTHORITY

ATIA
SECTION

CHAIR-
PERSON

EXECUTIVE DIRECTOR OF THE BOARD*

DIRECTOR CORPORATE SERVICES*

ATIP
COOR-
DINATOR*

 

 

ACCESS TO INFORMATION
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 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.