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PLSRB Access to Information Act Annual report - 2013-2014
ACCESS TO INFORMATION ACT
PUBLIC SERVICE LABOUR
June 27, 2014
The Honourable Shelly Glover, P.C., M.P.
Minister of Canadian Heritage and Official Languages
House of Commons
Ottawa, K1A 0A6
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, 2013 to March 31, 2014, for submission to Parliament.
David Paul Olsen
TABLE OF CONTENTS
- STATISTICAL REPORTS/EXPLANATION
- SUPPORTING DOCUMENTATION
ACCESS TO INFORMATION ACT
APRIL 1, 2013 TO MARCH 31, 2014
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 about the disclosure of government information should be reviewed independently of government.
This report is 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.
The PSLRB came into being on April 1, 2005, with the enactment of the Public Service Labour Relations Act, replacing the Public Service Staff Relations Board, which had existed since 1967, when collective bargaining was first introduced in the federal public service.
The PSLRB's mandate was amended on December 12, 2013, when Bill C-4: Economic Action Plan 2013 Act No. 2, received royal assent. Specifically, the legislation eliminated the PSLRB's compensation analysis and research services.
The PSLRB's two main services are as follows:
- adjudication - hearing and deciding grievances, complaints and other labour relations matters; and
- mediation - helping parties reach collective agreements, manage their relations under collective agreements and resolve disputes without resorting to a hearing.
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 the following:
- 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.
The PSLRB received 6 formal access to information requests, all of which were from the public, during the review period and concluded 1 carried-over request from 2012-2013. Two (2) of the 6 new requests were fully disclosed, 3 requests were disclosed in part, and 1 was concluded because no records were found.
The PSLRB also processed 8 consultation requests from other government institutions and organizations, for which all related documents were disclosed.
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 4% of a person year to administering the Act, updating the Government of Canada publication, Info Source, and preparing reports.
A reading area is located in the PSLRB 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 Records Office continually reviews and updates its information holdings to ensure information that could be requested under the Act may be retrieved quickly.
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 decision is made 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 on its website.
During the year, the PSLRB did not implement any new or revised access to information policies, procedures or guidelines.
During the reporting period, the PSLRB did not provide any training activities related to access to information.
Complaints, Investigations and Audits
As of March 31, 2014, the PSLRB had received 1 complaint against it 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.
Statistical Report on the Access to Information Act
Access to Information Act
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 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 May 24, 2013.
*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
|DESCRIPTION OF AUTHORITY||ATIA SECTION||CHAIRPERSON*||EXECUTIVE DIRECTOR OF THE BOARD*||ATIP COORDINATOR*|
|1.||Notify where access
|7(a) & (b)||F||F||F|
|3.||Extend time limits||9(1)||F||F||F|
|4.||Notify Information Commissioner
of extension of time limits
|5.||Notify where access refused||10(1)(a) & (b)||F||F||F|
|6.||Require reproduction fees||11(1)||F||F||F|
|7.||Require reproduction fees||11(2)||F||F||F|
|8.||Require fees for machine readable records||11(3)||F||F||F|
|10.||Notify of fee payment requirement||11(5)||F||F||F|
|11.||Waive or refund of fees||11(6)||F||F||F|
|12.||Obtain/Provide translation or not||12(2)||F||F||F|
|13.||Obtain/Provide alternative format or not||12(3)||F||F||F|
|14.||Refuse access – Confidential information||13(1)(a) to (e)||F||F||N|
|15.||Disclose confidential information||13(2)(a) & (b)||F||F||N|
|16.||Refuse access – Federal-
|14(a) & (b)||F||F||N|
|17.||Refuse access – International
affairs and defence
|15(1)(a) to (i)||F||F||N|
|18.||Refuse access – Law enforcement and investigations||16(1)(a) to (d)||F||F||N|
|19.||Refuse access – Security information||16(2)(a) to (c)||F||F||N|
|20.||Refuse access – Personal information received from RCMP acting as a provincial or municipal entity||16(3)||F||F||N|
|21.||Refuse access – Safety of individuals||17||F||F||N|
|22.||Refuse access – Economic
interests of Canada
|18(a) to (d)(vi)||F||F||N|
|23.||Refuse access – Another
individual's personal information
|24.||Disclose personal information||19(2)(a) to (c)||F||F||F|
|25.||Refuse access – Third party information||20(1)(a) to (d)||F||F||N|
|26.||Disclose testing methods||20(3)||F||F||F|
|27.||Disclose third party information on consent||20(5)||F||F||F|
|28.||Disclose in public interest||20(6)||F||F||N|
|29.||Refuse access – Advice, plans,
|21(1)(a) to (d)||F||F||F|
|30.||Refuse access – Tests for audits||22||F||F||F|
|31.||Refuse access – Draft report||22.1(1)||F||F||F|
|32.||Disclose draft report||22.1(2)||F||F||F|
|33.||Refuse access – Solicitor-client privilege||23||F||F||F|
|34.||Refuse access – Restricted information||24(1)||F||F||F|
|35.||Disclose severed information||25||F||F||F|
|36.||Refuse access – Published information||26||F||F||F|
|37.||Notify third parties||27(1)(a) to (c)||F||F||F|
|38.||Extend time for notice||27(4)||F||F||F|
|39.||Notify third party about disclosure||28(1)(b)||F||F||F|
|40.||Waive written representation from third party||28(2)||F||F||F|
|41.||Disclose after notice to third party||28(4)||F||F||F|
|42.||Disclose on Information
|29(1)(a) & (b)||F||F||F|
|43.||Advise Information Commissioner
of third-party notice
|44.||Make representation to
|45.||Respond to Information Commissioner's request to disclose information previously exempted||37(1)(b)||F||F||F|
|46.||Give access to complainant||37(4)||F||F||F|
|47.||Notify third party of court action||43(1)||F||F||F|
|48.||Notify applicant of court action||44(2)||F||F||F|
|49.||Request court hearing be in
National Capital Region
|50.||Make Ex Parte representations to court||52(3)||F||F||F|
|51.||Refuse access – Excluded information||68 & 69||F||F||F|
|52.||Provide facilities to review manuals||71(1)||F||F||F|
|53.||Refuse access – Information severed from manuals based on exemptions/exclusions||71(2)||F||F||F|
|54.||Prepare annual report to Parliament||72(1)||F||F||F|
|55.||Delegate authority by head of institution||73||F||n/a||n/a|
|ACCESS TO INFORMATON REGULATIONS|
|56.||Require access by examination||8(1)||F||F||F|
|57.||Provide for examination in person instead of copy||8(1.1)||F||F||F|
|58.||Provide copy of record||8(2)||F||F||F|
* "F" = Full Authority
* "N" = No Authority. To be obtained from the next level up.