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Home > Reports > Annual Reports pursuant to Access to Information Act and Privacy Act > Annual Report Pursuant to Access to Information Act- 1 April 2008 - 31 March 2009

Annual Report Pursuant to Access to Information Act- 1 April 2008 - 31 March 2009

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Annual Report Pursuant to Access to Information - 1 April 2008 - 31 March 2009 [PDF 553 KB]

ISSN 1926-3759

19 June 2009

The Honourable Lisa Raitt, P.C., M.P.
Minister of Natural Resources Canada
580 Booth Street
Ottawa, Ontario
K1A 0E4

Dear Minister:

In accordance with the provisions of Section 72 of the Access to Information Act, I am pleased to submit the Annual Report of the National Energy Board on the administration of this Act for the period 1 April 2008 to 31 March 2009.

Yours truly,

Gaétan Caron
Chair and CEO

Attachment

Table of Contents

1. Introduction
2. Description of Institution Structure
3. Designation Orders
4. Statistical Report
5. Interpretation / Explanation
6. Description of Education and Training Activities
7. Complaints / Investigations

I. Introduction

The purpose of the Access to Information Act is to provide individuals with a right of access to that information in records under the control of a government institution in accordance with the principle that government information should be available to the public.

The National Energy Board (Board) is an independent federal regulatory agency that was established in 1959. The Board regulates the following specific aspects of the energy industry:

• the construction and operation of interprovincial and international pipelines;
• pipeline traffic, tolls and tariffs;
• the construction and operation of international and designated interprovincial power lines;
• the export and import of natural gas;
• the export of oil and electricity; and
• Frontier oil and gas activities.

Other responsibilities include:

• providing energy advice to the Minister of Natural Resources in areas where the Board has expertise derived from its regulatory functions;
• carrying out studies and preparing reports when requested by the Minister;
• conducting studies into specific energy matters;
• holding public inquiries when appropriate; and
• monitoring current and future supplies of Canada's major energy commodities.

In addition to its responsibilities under the National Energy Board Act (NEB Act), the Board also has responsibilities under the Canada Oil and Gas Operations Act, the Canadian Environmental Assessment Act, the Northern Pipeline Act, and certain provisions of the Canada Petroleum Resources Act. As a result of the Canada Transportation Act, which came into effect on 1 July 1996, the Board's jurisdiction has been broadened to also include pipelines that transport commodities other than oil or natural gas.

II. Description of Institution Structure

Activities relating to the Access to Information Act are the responsibility of the Secretary of the Board, who has been designated by the Chairman of the Board as the Coordinator. The ATIP Analyst and Executive Support Officer position was created to assist the Secretary of the Board in Access to Information requests. In addition, the Board's Legal Counsels and staff members of Personnel are available to provide advice, as required. All the individuals have other responsibilities in addition to those described above.

III. Designation Orders

ACCESS TO INFORMATION ACT DESIGNATION ORDER

The Chairman of the National Energy Board, pursuant to Section 73 of the Access to Information Act* hereby designates the person holding the office of Secretary of the National Energy Board to exercise the powers and perform the duties and functions of the Chairman as head of a government institution under the Act save and except the power to refuse access to a record requested under the Act. Where the Secretary does not intend to give access to a record requested under the act, he shall refer the request to the Standing Committee on Regulatory Process which Committee shall have the power to grant or refuse access to the record.

Dated at Ottawa this 18^th day of March, 1983.

______________________________
C.G. Edge
Chairman

*S.C. 1980-81-82, c. 111

ACCESS TO INFORMATION ACT DESIGNATION REPLACEMENT ORDER

The Chairman of the National Energy Board (the Board), pursuant to Section 73 of the Access to Information Act, (the Act) hereby replaces the Access to Information Act Designation Ordermade on the 18^th day of March 1983, at the City of Ottawa in the Province of Ontario, as modified by the Access to Information Act Designation Amendment Ordermade on the 27^th day of May 1998, at the City of Calgary, in the Province of Alberta by the following text.

The Chairman of the Board, pursuant to Section 73 of the Access to Information Act* hereby designates the person holding the office of Secretary of the Board to exercise the powers and perform the duties and functions of the Chairman as head of a government institution under the Act save and except the power to refuse access to a record requested based on a discretionary exemption under the Act. Where the Secretary does not intend to give access to a record requested based on a discretionary exemption under the Act, he shall refer the request to the Executive Team which Team shall have the power to grant or refuse access to the record.

The Discretionary exemptions are introduced in the Act by the phrase "the head of a government institution may refuse to disclose..."

Dated at the City of Calgary, in the Provice of Alberta, this 15^th day of October 2002.

______________________________
Kenneth W. Vollman
Chairman

*S.C. 1980-81-82, c. 111

IV. Statistical Report

Requests under the Access to Information Act [PDF 26 KB]

Supplemental Reporting Requirements

Access to Information Act

In addition to the reporting requirements addressed in form TBS/SCT 350-62 "Report on the Access to Information Act", institutions are required to report on the following using this form:

Part III - Exemptions invoked

Section 13

Subsection 13(e): 0

Section 14

Subsection 14(a): 0

Subsection 14(b): 0

Part IV - Exclusions cited

Subsection 69.1(1): 0

Discrepancies

V. Interpretation / Explanation

Received During Reporting Period

During the reporting period, the Board received five requests under the Access to Information Act, and there were two requests outstanding from the previous period.

Disposition of Requests Completed

The Board disclosed all documents in one case, in four cases documents were disclosed in part and two of the requests were treated informally.

Exemptions Invoked

The following exemptions were invoked during the processing of the Access requests during this period: Section 16(1)(c); Section 19(1); Section 21(1)(a); Section 21(1)(b); Section 23; and Section 24.

Completion Time and Extensions

Three requests were completed within 30 days of receipt, while one request was completed within 60 days of receipt. Two requests were completed between 61 to 120 days, and one request took over 121 days to complete. In all cases over 30 days time extensions were sought for records searching. The scope of Access requests received by the National Energy Board has become broader and has increased in complexity.

Fees and Costs

For all five requests the application fees were waived.

The costs incurred for handling Access requests and administrative matters totaled $29,500.00 for 489 hours.

The Board estimates that 489 hours equates to 0.25 person-year.

VI. Description of Education and Training Activities

Two employees were provided formal training related to the use of Privasoft for approximately three days during the reporting period.

VII. Complaints / Investigations

At the end of the reporting period the National Energy Board was aware that an investigation, based on a complaint, was underway by the Office of the Information Commissioner.

 

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Date Modified:

2012-02-02