## General

The Canadian Nuclear Safety Commission (CNSC) regulates the use of nuclear energy and materials to protect health, safety, security and the environment; to implement Canada’s international commitments on the peaceful use of nuclear energy; and to disseminate objective scientific, technical and regulatory information to the public.

The CNSC’s mandate, derived from the Nuclear Safety and Control Act, involves four major areas:

• regulation of the development, production and use of nuclear energy in Canada to protect health, safety and the environment
• regulation of the production, possession, use and transport of nuclear substances, and the production, possession and use of prescribed equipment and prescribed information
• implementation of measures respecting international control of the development, production, transport and use of nuclear energy and substances, including measures respecting the non-proliferation of nuclear weapons and nuclear explosive devices
• dissemination of scientific, technical and regulatory information concerning the CNSC’s activities, and the effects on the environment and the health and safety of persons, of the development, production, possession, transport and use of nuclear substances

The CNSC also administers the Nuclear Liability Act, conducts environmental assessments under the Canadian Environmental Assessment Act, 2012, and implements Canada’s bilateral agreement with the International Atomic Energy Agency (IAEA) on nuclear safeguards verification.

The purpose of the Access to Information Act (AIA) is to extend the laws of Canada to provide a right of access to information in records under the control of a government institution, in accordance with the principles stating 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.

## Tabling of the annual report

This annual report is prepared and tabled in Parliament in accordance with section 72 of the AIA.

## 1. Statistical report

In 2018–19, the CNSC received 248 requests under the AIA (41 fewer requests than in the previous reporting period, see table titled Workload).

The CNSC also processed 38 informal requests during the reporting period. Seven of these were internal requests for a review before documents were released informally on the external website or by other means. The other 31 were informal requests for previously released AIA packages identified on the “Proactive disclosure” page of the CNSC website.

For requests closed during the reporting period, the CNSC processed a total of 88,473 pages and disclosed 37,884 pages to requesters. This represents an increase of 130% compared with the number of pages (38,507) processed in fiscal year 2017–18.

Other federal government agencies and departments responsible for records related to CNSC activities also consulted with the CNSC on 30 occasions. The CNSC processed 1,582 pages for these consultations.

2014-15 2015-16 2016-17 2017-18 2018-19 139 157 287 289 248 136 171 283 267 261 21 24 10 14 36 24 10 14 36 23

### II. Source of requests

The organizations continue to submit an increasing number of requests to the CNSC (see table titled Source of Requests Received). In 2018–19, requests were made most frequently by organizations (81%), followed by businesses (9%), members of the public (6%), media (2%), requesters who declined to identify themselves (2%) and academia (0%).

2014-15 2015-16 2016-17 2017-18 2018-19 11 16 13 24 200 82 115 237 245 23 34 13 18 13 1 3 6 5 0 4 9 7 14 7 4

### III. Disposition of closed requests

In 2018–19, the CNSC closed 261 requests. This represents a slight decrease compared with the 267 requests closed in 2017–18. As the table titled Disposition of Closed Requests shows, of the 261 requests closed during the reporting period, records for 50 were disclosed fully, while records for 91 were disclosed in part. There were only 4 requests for which relevant records were exempted in their entirety. The remaining 116 requests were either abandoned by the requester, transferred to another government institution or had no records associated with them.

Closed requests 50 91 4 0 105 1 20 38

### IV. Exemptions or exclusions invoked

Most of the exemptions invoked by the CNSC in 2018–19 came under three sections of the AIA: subsection 19(1), which protects personal information; paragraphs 20(1)(a), (b), (c) and (d), which protects confidential information supplied by a third party; and paragraphs 21(1)(a), (b), (c) and (d), which protects advice, recommendations and the deliberation process of public servants.

### V. Completion time

#### VI. Extensions

Section 9 of the AIA permits an extension of statutory time limits under certain circumstances. In 2018–19, the CNSC requested extensions on 74 occasions.
In 23 of these cases, an extension was required to provide third-party notifications. In 22 of these cases, an extension was required for consultation within a government institution, other government institutions or other levels of government. Because of the increase in the volume of records processed at the CNSC, a further 29 extensions were needed (since searches through large volumes of records made it impossible to meet the original timelines without interfering with CNSC operations). Most of the extensions were for 31 to 120 days.

#### VII. Costs

During 2018–19, the CNSC’s Access to Information and Privacy (ATIP) Office incurred $249,244 in salary costs and$3,905 in goods and services costs to administer the AIA.

See annex A for further statistical information.

With respect to fees collected under the AIA, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.

• Enabling authority: AIA
• Fee amount: $5 • Total revenue: :$1, 290
• Fees waived: $10 • In accordance with the Interim Directive on the Administration of the AIA, issued on May 5, 2016, the CNSC waives all fees prescribed by the AIA and Regulations made under it, other than the$5 application fee set out in paragraph 7(1)(a) of the Regulations.
• Cost of operating the program: $3,905 ## 2. Practices and procedures At the CNSC, the Information Management Division (IMD), within the Information Management and Technology Directorate, administers the AIA. Access to information requests are received by the Records Office and forwarded to the ATIP Office, IMD. Staff members in the ATIP Office process requests in consultation with the appropriate CNSC directorates and with external parties, where necessary. The CNSC has three full-time employees dedicated to access-to-information activities. During 2018–19, the CNSC continued to concentrate on providing training to its employees on information management, the AIA, the Privacy Act and information security. This involved formal training given over several sessions, including a directorate all-staff meeting of approximately 59 people; three divisional sessions delivered to 15, 13 and 7 people respectively and an inspection fundamentals program delivered to 13 people. In addition, there were informal training one-on-one awareness sessions. All training and awareness sessions, both formal and informal, focused on informing employees of their responsibilities under the legislation on access to information. IMD offers an integrated training approach, emphasizing the connections between sound information management practices and an effective ATIP program. The ATIP Office also provides advice and support as required. Documentation and training materials on the CNSC’s ATIP program are available through its corporate intranet, along with links to other materials, such as legislation, Treasury Board Secretariat policies and guidance documents, and a range of information management and guidance tools. The CNSC did not implement any new policies, guidelines or procedures during the reporting period. As an organization that values openness and transparency, the CNSC strives to ensure that information is made publicly available without recourse to the AIA. Exceptions to public access to information are limited and specific, as required by the AIA. The CNSC frequently makes copies of the following documents available to members of the public for their examination: • current licences and approvals • revocation or suspension notices • reports concerning occurrences • applications for approval of licences • information on hazards to individuals, the public or the environment • orders for corrective measures to be taken as a result of significant occurrences • notices of intent to establish nuclear facilities • Commission hearing minutes and supporting documentation • requests for temporary help • proactive disclosure of senior management travel and hospitality expenses • proactive disclosure of contract information • Auditor General of Canada reports (pertaining to the CNSC) • internal audits The CNSC also posts, via the Open Government portal, summaries of completed access to information requests processed by the ATIP Office. ## 3. Delegation of authority The Governor in Council has delegated to the President of the CNSC the authority to exercise the powers, duties and functions in the AIA. In turn, the President has designated the Vice-President of the Corporate Services Branch, the Director General of the Information Management and Technology Directorate, the Director of the Information Management Division, and the Senior ATIP Advisor to exercise her powers, duties and functions with respect to the AIA. See annex C for a copy of the instrument of delegation. ## 4. Compliance The CNSC achieved a compliance rating of approximately 96% for completed access- to-information requests closed within the legislated time frame in 2018–19. Many factors led to this rate of compliance, including an electronic retrieval system in use since 2009. This electronic system has reduced the time needed for the ATIP Office to receive the required documents and prepare the files for review and approval. The ATIP Office has established a five-day service standard for subject matter experts to retrieve relevant records and obtain director general sign-off. In addition, through training and awareness sessions, CNSC staff members were generally receptive to their obligations under the AIA and delays were reduced. ## 5. Complaints and appeals to the Federal Court During fiscal year 2018–19, the Office of the Information Commissioner (OIC) received 21 complaints. The reasons for the complaints include missing records and refusal – exemptions. Of these complaints 13 were closed in 2018–19. Of these closed complaints, the OIC findings include 8 well-founded, 4 settled and 1 discontinued. The CNSC takes the issue of complaints seriously and works closely with the OIC to develop best practices and lessons learned strategies. One complaint was carried over from 2017–18. As always, the CNSC will continue to work closely with the Office of the Information Commissioner to resolve the remaining ongoing complaints in a timely and efficient manner. No appeals were made to the Federal Court of Canada during 2018–19. ## Annex A: Statistical Information Name of institution: Canadian Nuclear Safety Commission Reporting period: 2018-04-01 to 2019-03-31 ### Part 1: Requests Under the Access to Information Act Number of Requests 248 36 284 261 23 1.2 Sources of Requests Source Number of requests Media 4 Academia 1 Business (private sector) 23 Organization 200 Public 16 Decline to Identify 4 Total 248 1.3 Informal requests Completion Time 1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total 31 2 0 0 5 0 0 38 Note: All requests previously recorded as “treated informally” will now be accounted for in this section only. ### Part 2: Requests Closed During the Reporting Period 2.1 Disposition and completion time Disposition of Requests Completion Time 1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total All disclosed 11 26 8 4 1 0 0 50 Disclosed in part 4 38 11 26 6 4 2 91 All exempted 3 0 0 1 0 0 0 4 All excluded 0 0 0 0 0 0 0 0 No records exist 83 16 4 1 0 1 0 105 Request transferred 1 0 0 0 0 0 0 1 Request abandoned 7 2 0 0 1 0 0 10 Neither confirmed nor denied 0 0 0 0 0 0 0 0 Total 109 82 23 32 8 5 2 261 2.2 Exemptions Section Number of Requests 13(1)(a) 3 13(1)(b) 2 13(1)(c) 10 13(1)(d) 0 13(1)(e) 0 14 0 14(a) 1 14(b) 0 15(1) 0 15(1) - I.A.* 9 15(1) – Def.* 9 15(1) – S.A.* 9 16(1)(a)(i) 0 16(1)(a)(ii) 0 16(1)(a)(iii) 0 16(1)(b) 0 16(1)(c) 1 16(1)(d) 0 16(2) 0 16(2)(a) 0 16(2)(b) 1 16(2)(c) 15 16(3) 0 16.1(1)(a) 0 16.1(1)(b) 0 16.1(1)(c) 0 16.1(1)(d) 0 16.2(1) 1 16.3 0 16.4(1)(a) 0 16.4(1)(b) 0 16.5 0 17 0 18(a) 4 18(b) 4 18(c) 0 18(d) 2 18.1(1)(a) 1 18.1(1)(b) 1 18.1(1)(c) 1 18.1(1)(d) 0 19(1) 54 20(1)(a) 0 20(1)(b) 40 20(1)(b.1) 40 20(1)(c) 2 20(1)(d) 0 20.1 0 20.2 0 20.4 0 21(1)(a) 35 21(1)(b) 35 21(1)(c) 2 21(1)(d) 0 22 0 22.1(1) 0 23 16 24(1) 0 26 0 * I.A.: International Affairs Def.: Defence of Canada S.A.: Subversive Activities 2.3 Exclusions Section Number of Requests 68(a) 0 68(b) 0 68(c) 0 68.1 0 68.2(a) 0 68.2(b) 0 69(1) 0 69(1)(a) 0 69(1)(b) 0 69(1)(c) 0 69(1)(d) 0 69(1)(e) 0 69(1)(f) 0 69(1)(g) re (a) 0 69(1)(g) re (b) 0 69(1)(g) re (c) 0 69(1)(g) re (d) 0 69(1)(g) re (e) 0 69(1)(g) re (f) 0 69.1(1) 0 2.4 Format of information released Disposition Paper Electronic Other formats All disclosed 45 5 0 Disclosed in part 46 45 0 Total 91 50 0 ### 2.5 Complexity 2.5.1 Relevant pages processed and disclosed Disposition of Requests Number of Pages Processed Number of Pages Disclosed Number of Requests All disclosed 1866 1815 50 Disclosed in part 82623 35518 91 All exempted 82 0 4 All excluded 0 0 0 Request abandoned 3902 551 10 Neither confirmed nor denied 0 0 0 2.5.2 Relevant pages processed and disclosed by size of requests Disposition Less Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More Than 5000 Pages Processed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed All disclosed 45 710 5 1105 0 0 0 0 0 0 Disclosed in part 45 1096 28 5043 6 2347 6 2991 6 24041 All exempted 4 0 0 0 0 0 0 0 0 0 All excluded 0 0 0 0 0 0 0 0 0 0 Request abandoned 9 0 0 0 0 0 1 551 0 0 Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0 Total 103 1806 33 6148 6 2347 7 3542 6 24041 2.5.3 Other complexities Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total All disclosed 8 0 0 4 12 Disclosed in part 41 0 2 21 64 All exempted 1 0 0 1 2 All excluded 0 0 0 0 0 Request abandoned 1 0 0 0 1 Neither confirmed nor denied 0 0 0 0 0 Total 51 0 2 26 79 #### 2.6 Deemed refusals 2.6.1 Reasons for not meeting statutory deadline Number of Requests Closed Past the Statutory Deadline Principal Reason Workload External Consultation Internal Consultation Other 10 3 0 7 0 2.6.2 Number of days past deadline Number of Days Past Deadline Number of Requests Past Deadline Where No Extension Was Taken Number of Requests Past Deadline where an Extension Was Taken Total 1 to 15 days 0 1 1 16 to 30 days 0 1 1 31 to 60 days 0 3 3 61 to 120 days 2 2 4 121 to 180 days 0 0 0 181 to 365 days 0 1 1 More than 365 days 0 0 0 Total 2 8 10 2.7 Requests for translation Translation Requests Accepted Refused Total English to French 0 0 0 French to English 0 0 0 Total 0 0 0 ### Part 3: Extensions 3.1 Reasons for extensions and disposition of requests Disposition of Requests Where an Extension Was Taken 9(1)(a) Interference with Operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice Section 69 Other All disclosed 7 0 3 3 Disclosed in part 17 0 17 19 All exempted 0 0 1 0 All excluded 0 0 0 0 No records exist 4 0 1 1 Request abandoned 1 0 0 0 Total 29 0 22 23 3.2 Length of extensions Length of Extensions 9(1)(a) Interference with Operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice Section 69 Other 30 days or less 7 0 1 0 31 to 60 days 7 0 6 4 61 to 120 days 12 0 12 14 121 to 180 days 3 0 3 3 181 to 365 days 0 0 0 2 365 days or more 0 0 0 0 Total 29 0 22 23 ### Part 4: Fees Fee Type Fee Collected Fee Waived or Refunded Number of Requests Amount Number of Requests Amount Application 258$1,290 2 $10 Search 0$0 0 $0 Production 0$0 0 $0 Programming 0$0 0 $0 Preparation 0$0 0 $0 Alternative format 0$0 0 $0 Reproduction 0$0 0 $0 Total 258$1,290 2 $10 ### Part 5: Consultations Received From Other Institutions and Organizations 5.1 Consultations received from other Government of Canada institutions and organizations Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review Received during reporting period 30 1582 2 22 Outstanding from the previous reporting period 2 29 0 0 Total 32 1611 2 22 Closed during the reporting period 32 1611 2 0 Pending at the end of the reporting period 0 0 0 22 5.2 Recommendations and completion time for consultations received from other Government of Canada institutions Recommendation Number of Days Required to Complete Consultation Requests 1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More than 365 Days Total Disclose entirely 19 8 2 0 0 0 0 29 Disclose in part 0 2 0 0 0 0 0 2 Exempt entirely 1 0 0 0 0 0 0 1 Exclude entirely 0 0 0 0 0 0 0 0 Consult other institution 0 0 0 0 0 0 0 0 Other 0 0 0 0 0 0 0 0 Total 20 10 2 0 0 0 0 32 5.3 Recommendations and completion time for consultations received from other organizations Recommendation Number of Days Required to Complete Consultation Requests 1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More than 365 Days Total Disclose entirely 2 0 0 0 0 0 0 2 Disclose in part 0 0 0 0 0 0 0 0 Exempt entirely 0 0 0 0 0 0 0 0 Exclude entirely 0 0 0 0 0 0 0 0 Consult other institution 0 0 0 0 0 0 0 0 Other 0 0 0 0 0 0 0 0 Total 2 0 0 0 0 0 0 2 ### Part 6: Completion Time of Consultations on Cabinet Confidences 6.1 Requests with Legal Services Number of Days Fewer Than 100 Pages Processed 101‒500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More than 5000 Pages Processed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed 1 to 15 0 0 0 0 0 0 0 0 0 0 16 to 30 0 0 0 0 0 0 0 0 0 0 31 to 60 0 0 0 0 0 0 0 0 0 0 61 to 120 0 0 0 0 0 0 0 0 0 0 121 to 180 0 0 0 0 0 0 0 0 0 0 181 to 365 0 0 0 0 0 0 0 0 0 0 More than 365 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 6.2 Requests with Privy Council Office Number of Days Fewer Than 100 Pages Processed 101‒500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More than 5000 Pages Processed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed 1 to 15 0 0 0 0 0 0 0 0 0 0 16 to 30 0 0 0 0 0 0 0 0 0 0 31 to 60 0 0 0 0 0 0 0 0 0 0 61 to 120 0 0 0 0 0 0 0 0 0 0 121 to 180 0 0 0 0 0 0 0 0 0 0 181 to 365 0 0 0 0 0 0 0 0 0 0 More than 365 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 ### Part 7: Complaints and Investigations Section 32 Section 35 Section 37 Total 21 0 0 21 ### Part 8: Court Action Section 41 Section 42 Section 44 Total 0 0 0 0 ### Part 9: Resources Related to the Access to Information Act 9.1 Costs Expenditures Amount Salaries$249,244
Overtime $0 Goods and Services$3,905
Professional services contracts
$0 Other$3,905
Total \$253,149
9.2 Human resources
Full-time employees 3.20
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.20
Total 3.40

## Annex B: Delegation order

The President of the Canadian Nuclear Safety Commission, pursuant to section 73 of the Access to Information Act and section 73 of the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the President as the head of the Canadian Nuclear Safety Commission, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designations replaces all previous delegation orders.

Schedule
Vice-President, Corporate Services Branch Full authority Full authority
Director General, Information Management and Technology Directorate Full authority Full authority
Director, Information Management Division Full authority Full authority
Senior ATIP Advisor Full authority Full authority

Original signed by

Rumina Velshi
President