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PLSRB Access to Information Act Annual report - 2010-2011

ACCESS TO INFORMATION ACT
ANNUAL REPORT

PUBLIC SERVICE LABOUR
RELATIONS BOARD
2010-2011


© Minister of Public Works and Government Services Canada 2011
Published by the Public Service Labour Relations Board
Cat. No. SR2-2/2011
This publication is also available on the PSLRB website at:
http://www.pslrb-crtfp.gc.ca


June 2, 2011

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 Access to Information Annual Report of the Public Service Labour Relations Board, covering the period from April 1, 2010 to March 31, 2011, 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, 2010 TO MARCH 31, 2011

INTRODUCTION

The purpose of the Access to Information Act (“the 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 on the disclosure of government information should be reviewed independently of government.

This report was prepared in accordance with subsection 72(1) of the Act, which states the following: “The head of every government institution shall prepare for submission to Parliament an annual report on the administration of this Act within the institution during each financial year.”

This annual report will be tabled in Parliament in accordance with subsection 72(2) of the Act, which states the following: “Every report prepared under subsection (1) shall be laid before each House of Parliament within three months after the financial year in respect of which it is made or, if that House is not then sitting, on any of the first fifteen days next thereafter that it is sitting.”

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.

By resolving labour relations issues in an impartial manner, the PSLRB contributes to a productive and efficient workplace that ultimately benefits Canadians through the smooth delivery of government programs and services.

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, an unfair labour practice complaint, 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

The PSLRB received four formal access to information requests and completed one outstanding request from the previous report during the period under review. One request was from the media; the other four were from the public. One request was fully disclosed, and one was transferred to another government department. The PSLRB was unable to process the remaining three requests as no information existed.

The PSLRB also processed six 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 6% 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 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:

Thirteen employees attended an orientation session for new employees held on January 25, 2011.

Complaints, Investigations and Audits

As of March 31, 2011, 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 about 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.