ARCHIVED - Annual Report to Parliament: Access to Information Act and Privacy Act 2008 - 2009

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Author: Published under the authority of the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians
Date: 2009
Annual Report to Parliament: Access to Information Act 2008 - 2009
ISBN: 978-0-662-06849-5
QS- QS-6220-077-BB-A1

Annual Report to Parliament: Privacy Act 2008 - 2009
ISBN: 978-0-662-06982-9
QS- QS-6220-077-BB-A1

PDF Version   (1.63 Mb, 16 Pages)

PDF Version   (1.64 Mb, 18 Pages)



Table of Contents




Report on the Access to Information Act

Introduction

The purpose of the Access to Information Act (ATIA), proclaimed in July 1983, along with its companion legislation, the Privacy Act , is "to extend the present laws of Canada to provide a right of access to information in records under the control of a government institution" (section 2) to Canadians, permanent residents and anyone living in Canada.

Overview

The principles underlying this legislation are:

This Annual Report to Parliament is for the 2008-2009 fiscal year, as required under subsection 72(1) of the Access to Information Act.

Indian and Northern Affairs and the Access to Information and Privacy Directorate - Administration

The Access to Information and Privacy (ATIP) Directorate reports to the Corporate Secretary who is directly accountable to the Deputy Head and is a member of the Department's Executive Committee. The Directorate is essentially comprised of two groups, Access and Privacy.

In order to meet our obligations under the Access to Information Act, effective access to our departmental records must be done within a culture of openness and transparency. In this respect, by continually examining our practices and processes, we can adapt new procedures to meet the needs of those seeking government records.

Indian and Northern Affairs Canada (INAC) recognizes that timely access to information requires effective management of its information holdings. In this regard, the ATIP Directorate within INAC has changed the manner in which it defines access requests.

The restructuring of the ATIP Directorate will enable it to process access requests more effectively. The Access Division will be composed of three distinct teams: the Administrative Team, the Records Retrieval Team and the Analytical Team. This will streamline the processing of requests and improve response time. The Records Retrieval Team will play a key component by ensuring that records are received from the program areas in a timely manner and that any issues relating to records management will be identified and mitigated with the respective programs. This will provide more time to conduct record analysis by those responsible within the Access Division.

The new organization will also place greater emphasis on accountability in responding to access requests, and at the same time, we are confident that this new approach will facilitate more effective cooperation amongst all concerned and enhance the manner in which we manage the processing of our requests.

Indian Residential Schools Resolution of Canada (IRSRC) was integrated with the Department in June 2008. A separate Annual Report to Parliament was provided by IRSRC for the fiscal year 2007-2008. For the fiscal year 2008-2009, all information and figures, regarding the former IRSRC, have been fully integrated into this Annual Report.

Departmental Mandate

The Department is responsible for two separate yet equally important mandates: Indian and Inuit Affairs and Northern Development. This broad mandate is derived largely from the Department of Indian Affairs and Northern Development Act , the Indian Act , territorial acts and legal obligations arising from section 91(24) of the Constitution Act . The Department is responsible for administering more than 50 statutes in total. Consequently, INAC's mandate is complex and its responsibilities encompass a broad spectrum of programs.

The Department is responsible for meeting the Government of Canada's obligations and commitments to First Nations, Inuit and Métis and for fulfilling the federal government's constitutional responsibilities in the North. The Minister of Indian Affairs and Northern Development is also the Federal Interlocutor for Métis and Non-Status Indians. The Federal Interlocutor's role is to provide a point of contact between the Government of Canada and Métis, Non-Status Indians and urban Aboriginal peoples.

Delegated Authorities

Under section 73 of the ATIA Act, the Minister's authority is delegated to enable the Department to meet its legislated requirements as well as to exercise its powers. Responsibility for all sections of the Acts has been delegated to the Corporate Secretary and to the Departmental Access to Information and Privacy Coordinator (Director) within the Corporate Secretariat. Certain staff are also delegated to carry out specific administrative functions. The Department's Delegation Orders for the Act can be found at Appendix A.

Education and Training

During the last fiscal year, the promotion and delivery of information sessions focussed more at headquarters than at a regional level, involving 20 sessions. Extensive regional training was conducted in 2007-2008 and will again be conducted in 2009-2010.

The objective of these information sessions was to educate employees with regard to the ATIP process and their responsibilities in support of the department's compliance with both the ATI and Privacy Acts. These sessions have proven to be very effective in building up good relationships between the ATIP office and the various sectors of the department and thus are considered a valuable investment.

ATIP sessions are also now being offered as part of regular training programs to staff via the Human Resources' training calendar. Discussions were also initiated to have ATIP training become mandatory for all employees of the Department.

Ultimately, staff training will improve our capacity to meet our legislative obligations including the "duty to assist" requesters.

Information Holdings

A description of the classes of institutional records held by the department can be found in the following Info Source publications for 2008-2009: Sources of Federal Government Information and Sources of Federal Employee Information.

Info Source can be accessed through public and academic libraries and constituency offices of federal members of Parliament, as well as on the Internet at Info Source .

Reading Room

A reading room is available for individuals wanting to review departmental records publications, and other materials. The room is situated in the departmental library and individuals can contact library personnel for use of the facility. The departmental library is located at:

10 Wellington Street
Gatineau, Québec
K1A 0H4
Telephone: 819-997-8205
Fax: 819-953-5491

Requests Under the Access to Information Act

Between April 1, 2008 and March 31, 2009, the Department received three hundred and seventy-eight (378) requests for information under the Access to Information Act. Along with these new requests, ninety-eight (98) requests were carried over from the previous fiscal year, for a total of four hundred and seventy-six (476) requests for the reporting period. During this reporting period, three hundred and fifty-six (356) requests were completed; one hundred and twenty (120) active files will be carried over to the next reporting period. The annual statistical report on the operation of the Access to Information Act can be found on page 8 and 9.

Sources

The sources of Access to Information requests received during the reporting period break down as follows (see Figure 1):

Media67
Academia14
Business137
Organization59
Public101
TOTAL378

 

Figure 1: Number of Access to Information requests received between April 1, 2007, and March 31, 2008.
Figure 1 - Number of Access to Information requests received between April 1, 2008, and March 31, 2009

 

Disposition of Completed Requests

The distribution of completed requests is as follows (see Figure 2):

All Disclosed 83
Disclosed in Part 135
Nothing Disclosed (Excluded)1
Nothing Disclosed (Exempt)5
Transferred 4
Unable to Process[Note 1] 53
Abandoned by the Applicant70
Treated Informally5
TOTAL 356

 

Figure 2: Disposition of completed requests received between April 1, 2008, and March 31, 2009.
Figure 2 - Disposition of completed requests received between April 1, 2008, and March 31, 2009

 

Fees and Costs

For the reporting period, the Department collected $9,537.20 in fees for reproduction searching and preparation costs, and waived $2,890.95 in fees. The ATIP office incurred an estimated $484,095 in salary and $110,144 in administrative costs to administer the Access to Information Act. These costs do not include the resources expended by the program areas of the Department to meet the requirements of the Act.

Consultations with Other Institutions

When a request contains records that are of interest to another institution, the Access to Information and Privacy Coordinator of that institution is consulted. Indian and Northern Affairs Canada was consulted in one hundred and thirty nine (139) cases in the reporting period.

Complaints and Investigations

During the 2008-2009 reporting period, thirteen (13) complaints against the Department were filed with the Office of the Information Commissioner of Canada in relation to the processing of requests under the Act. It should be noted that eleven (11) complaints were carried over from last fiscal-year. As such, eighteen (18) investigations were completed and six (6) will be carried over to the next reporting period. Of the eighteen (18) completed investigations, the Information Commissioner of Canada concluded that ten (10) complaints were not substantiated and seven (7) were resolved to the satisfaction of the requestor and one (1) was discontinued. None of the complaints were considered to be founded.

Report on the Access to Information Act

Institution Indian and Northern Affairs Canada
Reporting Period 04/01/2008 to 03/31/2009
Source
Media 67
Academia 14
Business 137
Organization 59
Public 101

I. Requests under the Access to Information Act
Received during reporting period 378
Outstanding from previous period 98
TOTAL 476
Completed during reporting period 356
Carried forward 120

II Disposition of requests completed
1. All disclosed 83
2. Disclosed in part 135
3. Nothing disclosed (excluded) 1
4. Nothing disclosed (exempt) 5
5. Transferred 4
6. Unable to process 53
7. Abandoned by applicant 70
8. Treated informally 5
TOTAL 356

III Exemptions invoked
S. 13(1)(a) 5
  (b) 1
  (c) 9
  (d) 1
S. 14 17
S. 15(1) International rel. 0
  Defence 5
  Subversive activities 0
S. 16(1)(a) 3
  (b) 0
  (c) 3
  (d) 0
S. 16(2) 3
S. 16(3) 1
S. 17 0
S. 18(a) 0
  (b) 0
  (c) 0
  (d) 3
S. 19(1) 111
S. 20(1)(a) 7
  (b) 62
  (c) 31
  (d) 23
S. 21(1)(a) 42
  (b) 40
  (c) 29
  (d) 10
S. 22 1
S. 23 33
S. 24 0
S. 26 0

IV Exclusions cited
S. 68(a) 7
  (b) 2
  (c) 2
S. 69(1)(a) 8
  (b) 0
  (c) 0
  (d) 1
  (e) 11
  (f) 0
  (g) 20

V Completion time
30 days or under 177
31 to 60 days 67
61 to 120 days 45
121 days or over 67

VI Extensions
  30 days or under 31 days or over
Searching 52 28
Consultation 11 39
Third Party 9 60
TOTAL 72 127

VII Translations
Translations requested 0
Translations prepared
English to French 0
French to English 0

VIII Method of Access
Copies given 215
Examination 2
Copies and examination 1

IX Fees
Net fees collected
Application fees $1,741.40
Reproduction $1,777.00
Searching $6,013.80
Preparation $0.00
Computer processing $0.00
TOTAL $9,537.20

Fees waived No. of times $
$25.00 or under 50 $435.30
Over $25.00 25 $2,455.60

X Costs
Financial (all reasons)
Salary $484,095.50
Administration (O and M) $110,144.42
Total $594,239.92
Person year utilization (all reasons)
Person year (decimal format) 13.04

Supplemental Reporting Requirements for 2008-2009 - 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): 6
14(b): 10

Part IV – Exclusions cited:

Subsection 69.1: 0

Return to Table of Contents




Appendix A - Access to Information Act - Delegation Order

This is an image of the watermark used for the Minister of Indian and Northern Affairs' letterheads.

 

Minister of Indian Affairs and
Northern Development and Federal Interlocutor
for Métis and Non-Status Indians

Access to Information Act - Delegation Order

Pursuant to the powers of designation conferred upon me by Section 73 of the Access to Information Act, the persons exercising the functions or positions of Corporate Secretary, Corporate Secretariat (position number 12294), and the departmental Access to Information and Privacy Coordinator (position number 62185) and their respective successors, including in their absence, a person or officer designated in writing to act in the place of the holder of any such functions or positions are hereby designed to exercise those powers, duties or functions of the Minister as the Head of the government institution under the Act, and as set out in the attached Schedule A.

The departmental Access to Information and Privacy Senior Advisors (position numbers 62364, 12590, 12061 and 12058) and their respective successors, including in her/his absence, a person or officer designated in writing as being authorized to act in the place of the holder of any such function or position, are hereby designated to exercise those powers, duties or functions of the Minister as the Head of the government institution under the Act, and as set out in the attached Schedule B.

This is an image of the minister of Indian and Northern Affairs' signature.
___________________________________________
Minister of Indian Affairs and Northern Development

Dated at Gatineau, the 26th of May, 2008

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Appendix A - Designation pursuant to Section 73 of the Access to Information Act

Sections and Powers, Duties or Functions

8(2)
Disclose personal information without the consent of the individual to whom it relates

8(4)
Keep copies of requests made under 8(2)(e), keep records of information disclosed pursuant to such requests and to make those records available to Privacy Commissioner

8(5)
Notify the Privacy Commissioner in writing of disclosure under paragraph 8(2)(m)

9(1)
Retain a record of use of personal information

9(4)
Notify the Privacy Commissioner of consistent use of personal information and update index accordingly

10
Include personal information in personal information banks

11(a)
Publish annually an index of all personal information banks and their respective contents

11(b)
Publish annually an index of all personal information held by the institution which is not part of a bank

14
Respond to request for access, within statutory deadline; give access or give notice

15
Extend time limit and notify applicant

16
Where access is refused

17(2)(b)
Language of access or alternative format of access

17(3)(b)
Access to personal information in alternative format

18(2)
May refuse to disclose information contained in an exempt bank

19(1)
Shall refuse to disclose information obtained in confidence from another government

19(2)
May disclose any information referred to in 19(1) if the other government consents to the disclosure or makes the information public

20
May refuse to disclose information injurious to federal-provincial affairs

21
May refuse to disclose information injurious to international affairs and/or defence

22
May refuse to disclose information injurious to law enforcement and investigation

23
May refuse to disclose information injurious to security clearances

24
May refuse to disclose information collected by the Canadian Penitentiary Service, the National Parole Service or the National Parole Board

25
May refuse to disclose information injurious to which could threaten the safety of individuals

26
May refuse to disclose information about other individuals, and shall refuse to disclose such information where disclosure is prohibited under section 8

27
May refuse to disclose information subject to solicitor-client privilege

28
May refuse to disclose information relating to an individual's physical or mental health where disclosure is contrary to the best interests of the individual

31
Receive notice of investigation by the Privacy Commissioner

33(2)
Make representations to the Privacy Commissioner during an investigation

35(1)
Receive the Privacy Commissioner's report of findings of the investigation and give notice of action taken

35(4)
Give complainant access to information after 35(1)(b) notice

36(3)
Receive Privacy Commissioner's report of findings of investigation of exempt

37(3)
Receive report of Privacy Commissioner's findings after compliance investigation where the institution has not complied with sections 4 to 8

51(2)(b)
Request that matter be heard and determined in National Capital Region

51(3)
Request and be given right to make representations in Section 51 hearing

72(1)
Prepare Annual Report to Parliament

77
Carry out responsibilities conferred on the head of the institution by the regulations made under section 77 which are not included above

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Report on the Privacy Act

Introduction

The purpose of the Privacy Act (PA), proclaimed in July 1983, along with its companion legislation, the Access to Information Act, is "to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution and that provide individuals with a right of access to that information" (section 2).

Overview

The principles underlying this legislation are:

This Annual Report to Parliament is for the 2008-2009 fiscal year, as required under subsections 72(2) Privacy Act.

Indian and Northern Affairs and the Access to Information and Privacy Directorate - Administration

The Access to Information and Privacy (ATIP) Directorate reports to the Corporate Secretary who is directly accountable to the Deputy Head and is a member of the Department's Executive Committee. The Directorate is essentially comprised of two groups, Access and Privacy.

A priority for Indian and Northern Affairs Canada (INAC) is strengthening its accountability with respect to privacy and the management of its personal information holdings.

To this effect, INAC created a Privacy Policy Division under the Access to Information and Privacy Directorate. The main purpose of the Privacy Policy Division is to ensure that INAC is in a position to meet its obligations under the Privacy Act and to assist in building privacy into its program management activities, as necessary. Increased emphasis is being placed on the Department's ability to be accountable for and to report on the personal information it holds.

The Department recognizes the importance of managing personal information and is undertaking various initiations to improve upon our existing privacy practices. These improvements will be reported on in our next Annual Report.

Indian Residential Schools Resolution of Canada (IRSRC) was integrated with the Department in June 2008. A separate Annual Report to Parliament was provided by IRSRC for the fiscal year 2007-2008. For the fiscal year 2008-2009, all information and figures, regarding the former IRSRC, have been fully integrated into INAC's ATIP Annual Report.

Departmental Mandate

Indian and Northern Affairs Canada (INAC) is responsible for two separate yet equally important mandates: Indian and Inuit Affairs and Northern Development. This broad mandate is derived largely from the Department of Indian Affairs and Northern Development Act , the Indian Act , territorial acts and legal obligations arising from section 91(24) of the Constitution Act . The Department is responsible for administering more than 50 statutes in total. Consequently, INAC's mandate is complex and its responsibilities encompass a broad spectrum of programs.

The Department is responsible for meeting the Government of Canada's obligations and commitments to First Nations, Inuit and Métis and for fulfilling the federal government's constitutional responsibilities in the North. The Minister of Indian Affairs and Northern Development is also the Federal Interlocutor for Métis and Non-Status Indians.

The Federal Interlocutor's role is to provide a point of contact between the Government of Canada and Métis, Non-Status Indians and urban Aboriginal peoples.

Delegated Authorities

Under section 73 of the Privacy Act, the Minister's authority is delegated to enable the Department to meet its legislated requirements as well as to exercise its powers. Responsibility for all sections of the Acts has been delegated to the Corporate Secretary and to the Departmental Access to Information and Privacy Coordinator (Director) within the Corporate Secretariat. Certain staff are also delegated to carry out specific administrative functions. The Department's Delegation Orders for the Privacy Act can be found at Appendix A.

Education and Training

During the last fiscal year, the promotion and delivery of information sessions focussed more at headquarters than at a regional level, involving 20 sessions. Extensive regional training was conducted in 2007-2008 and will again be conducted in 2009-2010.

The objective of these information sessions was to educate employees with regard to the ATIP process and their responsibilities in support of the department's compliance with both the ATI and Privacy Acts. These sessions have proven to be very effective in building up good relationships between the ATIP office and the various sectors of the department and thus are considered a valuable investment.

ATIP sessions are also now being offered as part of regular training programs to staff via the Human Resources' training calendar. Discussions were also initiated to have ATIP training become mandatory for all employees of the department.

Ultimately, staff training will improve our capacity to meet our legislative obligations including the "duty to assist" requesters.

Information Holdings

A description of the classes of institutional records held by the department can be found in the following Info Source publications for 2008-2009: Sources of Federal Government Information and Sources of Federal Employee Information.

Info Source can be accessed through public and academic libraries and constituency offices of federal members of Parliament as well as on the Internet at Info Source .

Reading Room

A reading room is available for individuals wanting to review departmental records publications, and other materials. The room is situated in the departmental library and individuals can contact library personnel for use of the facility.

The departmental library is located at:

10 Wellington Street
Gatineau, Québec
K1A 0H4
Telephone: 819-997-8205
Fax: 819-953-5491

Privacy Impact Assessments (PIA)

A PIA is a step-by-step evaluation of the flow of personal information held within a given program or service. This process enables the Department to determine whether new technologies, information systems, initiatives, and proposed programs or policies meet federal government privacy requirements.

The Privacy Policy division of the Access to Information and Privacy (ATIP) unit has been instrumental in making the Privacy Impact Assessments (PIA) process a focal point for privacy activities at Indian and Northern Affairs Canada (INAC). By providing advice and guidance, including written and verbal training, the Privacy Policy Division has enabled all INAC program offices to incorporate privacy into their fundamental program planning.

A PIA outlines salient points about new or existing personal information, including hard copy format or through technology systems, by answering questions about the information that will be collected, who will be able to access the information, how the information and data will be maintained, what administrative controls will be in place, and how the decision to use the information was made. From the initiation of a PIA to the final product, the Privacy Policy division has provided PIA direction to program offices and their components.

The Privacy Policy division has provided critical privacy advice to new initiatives, resulting in changes that will improve privacy protection in departmental programs. Procedures are being established to ensure that privacy is considered throughout the life cycle of INAC's processes and programs and that fair information principle inform policy decisions concerning data collection and use.

In the past fiscal year, INAC completed three (3) PIAs:

Treaty Payment System (TPS): (Privacy Impact Assessment forwarded to the Office of the Privacy Commissioner)

Treaty Payment System (TPS) PIA is a system that tracks, and logs treaty payments to First Nations. In order to manage data resulting from the fulfillment of Canada's treaty payment obligations, the Treaty Payment System (TPS) was deployed under the authority of Lands and Trust Services Sector in 1995. The treaty payment process is a unique blend of treaty obligation and tradition, which shapes the practice and procedure of treaty payment. The Treaty Payment System (TPS) has been re-developed by INAC in May 2005 and is fully supported by Indian and Northern Affairs Canada. The new TPS application is a web-enabled system that will completely replace the current TPS, including functionality and data. The new system will be accessible via the Internet through Indian and Northern Affairs Canada secured Intranet.

The TPS will maintain personal information collected by INAC. INAC has initiated a Privacy Impact Assessment (PIA) to investigate the privacy implications of the TPS and to ensure that privacy issues are identified at the early stages of the project development cycle and appropriately addressed in future phases of the project.

Real Time Identification System (RTID): (Privacy Impact Assessment forwarded to the Office of the Privacy Commissioner)

RTID is the proposed solution to address challenges in the current fingerprint identification and criminal record system by re-engineering and automating current processes. Transforming the current paper-based infrastructure into a seamless paperless electronic system will allow INAC to do work in only hours and days that now takes weeks and months. The electronic processes planned for RTID are primarily a re-engineering of existing services, meaning that the information received from clients will change only slightly.

Executive Appointment System (EAS): (Privacy Impact Assessment forwarded to the Office of the Privacy Commissioner)

The proposed Executive Appointment System (EAS) will enable users to create and manage Ministerial appointments and contracts. Oracle will be implemented as the backbone, thus enabling immediate on-site IT support when required. The system will also provide reports and allow users to maintain reference tables such as sectors and organizations (boards, commissions, claims, etc.). New security features promote administrators to have tighter controls over usernames and passwords - limiting access on a need-to-know basis.

The following hyperlinks are provided to access departmental Privacy Impact Assessments:

Treaty Payment System (TPS)

Real Time Identification System (RTID)

Executive Appointment System (EAS)

Data Matching

Data Matching is an activity involving the comparison of personal information from different sources, including sources within the same government institution, for administrative or non-administrative purposes. The data-matching activity that is established can be systematic or recurring. The data-matching activity can also be conducted on a periodic basis when deemed necessary. Under this policy, data matching includes the disclosure or sharing of personal information with another organization for data-matching purposes.

Indian and Northern Affairs Canada is pleased to report that there were no data matching activities undertaken in 2008-2009.

Requests Under the Privacy Act

Between April 1, 2008 and March 31, 2009, the Department received one hundred and eighty (180) requests for information under the Privacy Act. In addition, one hundred and fifty-one (151) requests were carried over from the previous fiscal year, for a total of three hundred and thirty-one (331) requests. During the reporting period, three hundred and twenty-four (324) requests were processed and seven (7) active files will be carried over to the next reporting period. The annual statistical report on the operation of the Privacy Act can be found on page 20 and 21.

Please note that in June 2008, the Department known as Indian Residential Schools Resolution of Canada (IRSRC) was amalgamated with INAC thus resulting in an increase of approximately 300 requests above the previous years.

Disposition of Completed Requests

The distribution of completed requests is as follows:

All Disclosed8
Disclosed in Part244
Nothing Disclosed (Excluded)0
Nothing Disclosed (Exempt)0
Unable to Process59
Abandoned by the Applicant13
Transferred0
TOTAL324

Disclosure of Personal Information

Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be disclosed by the institution except in accordance with subsection 8(1) of the Privacy Act.

Further to the formal three hundred and twenty-four (324) requests received under the Privacy Act, as indicated above, there are permissible disclosures of personal information under subsection 8(2) of the Privacy Act which may be disclosed without the consent of the individual to whom the information pertains (see Figure 3). These disclosures constitute four hundred and eighty-six (486) requests and their breakdown is identified in the following paragraphs.

Paragraph 8(2)(b)

Personal information may be disclosed "for any purpose in accordance with any Act of Parliament or any regulation made thereunder that authorizes its disclosure."

Under this paragraph of the Privacy Act, one (1) request was received and treated.

Paragraph 8(2)(d)

Personal information may be disclosed "to the Attorney General of Canada for use in legal proceedings involving the Crown in right of Canada or the Government of Canada."

Under this paragraph of the Privacy Act, forty-nine (49) requests were received and treated.

Paragraph 8(2)(e)

Personal information may be disclosed "to an investigative body […] for the purpose of enforcing any law of Canada or a province or carrying out a lawful investigation…"

Under this paragraph of the Privacy Act, one hundred and seventy-eight (178) requests were received and treated.

Paragraph 8(2)(f)

Personal information may be disclosed "under an agreement or arrangement between the Government of Canada […] and the government of a province [or territory] […] for the purpose of administering or enforcing any law or carrying out a lawful investigation."

Under this paragraph of the Privacy Act, two hundred and twenty-seven (227) requests were received and treated.

Paragraph 8(2)(j)

Personal information may be disclosed "to any person or body for research or statistical purposes if the head of the government is satisfied that the purpose for which the information is disclosed cannot reasonably be accomplished unless the information is provided in a form that would identify the individual to whom it relates and obtains from the person or body a written undertaking that no subsequent disclosure of the information will be made in a form that could reasonably be expected to identify the individual to whom it relates."

Under this paragraph of the Privacy Act, two (2) requests were received and treated.

Paragraph 8(2)(k)

Personal information may be disclosed "to any association of aboriginal peoples, Indian band, government institution or part thereof, or to any person acting on behalf of such association, band, institution or part thereof, for the purpose of researching or validating the claims, disputes or grievances of any of the aboriginal peoples of Canada."

Under this paragraph of the Privacy Act, twenty-nine (29) requests were received and treated.

Disclosures made under the various paragraphs of Section 8(2) of the Privacy Act.
Figure 3 - Disclosures made under the various paragraphs of Section 8(2) of the Privacy Act

Complaints and Investigations

During fiscal year 2008-2009, no complaints against the Department were filed with the Office of the Privacy Commissioner of Canada, in relation to the processing of requests under the Act.

Report on the Privacy Act

Institution Indian and Northern Affairs Canada
Reporting Period 04/01/2008 to 03/31/2009

I Requests under the Privacy Act
Received during reporting period 180
Outstanding from previous period 151
TOTAL 331
Completed during reporting period 324
Carried forward 7

II Disposition of requests completed
1. All disclosed 8
2. Disclosed in part 244
3. Nothing disclosed (excluded) 0
4. Nothing disclosed (exempt) 0
5. Unable to process 59
6. Abandonned by applicant 13
7. Transferred 0
TOTAL 324

III Exemptions invoked
S. 18(2) 0
S. 19(1)(a) 1
  (b) 0
  (c) 1
  (d) 0
S. 20 0
S. 21 0
S. 22(1)(a) 0
  (b) 0
  (c) 0
S. 22(2) 0
S. 23(a) 0
  (b) 0
S. 24 0
S. 25 0
S. 26 91
S. 27 2
S. 28 0

IV Exclusions cited
S. 69(1)(a) 0
  (b) 0
S. 70(1)(a) 0
  (b) 0
  (c) 0
  (d) 0
  (e) 0
  (f) 0

V Completion time
30 days or under 118
31 to 60 days 57
61 to 120 days 68
121 days or over 81

VI Extensions
  30 days or under 31 days or over
Interference with operations 6 0
Consultation 1 0
Translation 1 0
TOTAL 8 0

VII Translations
Translations requested 0
Translations prepared
English to French 0
French to English 0

VIII Method of Access
Copies given 251
Examination 0
Copies and examination 1

IX Corrections and notation
Corrections requested 0
Corrections made 0
Notation attached 0

X Costs
Financial (all reasons)
Salary $150,000.00
Administration (O and M) $15,000.00
Total $165,000.00
Person year utilization (all reasons)
Person year (decimal format) 3.00

Supplemental Reporting Requirements for 2008-2009 - Privacy Act

Treasury Board Secretariat is monitoring compliance with the Privacy Impact Assessment (PIA) Policy (which came into effect on May 2, 2002) through a variety of means. Institutions are therefore required to report the following information for the 2008-2009 reporting period.

Indicate the number of:

Preliminary Privacy Impact Assessments initiated: 3

Preliminary Privacy Impact Assessments completed: 4

Privacy Impact Assessments initiated: 7

Privacy Impact Assessments completed: 3

Privacy Impact Assessments forwarded to the Office of the Privacy Commissioner (OPC): 7

If your institution did not undertake any of the activities noted above during the reporting period, this must be stated explicitly.

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Appendix B - Privacy Act - Delegation Order

This is an image of the watermark used for the Minister of Indian and Northern Affairs' letterheads.

 

Minister of Indian Affairs and
Northern Development and Federal Interlocutor
for Métis and Non-Status Indians

Privacy Act - Delegation Order

Pursuant to the powers of designation conferred upon me by Section 73 of the Privacy Act, the persons exercising the functions or positions of Corporate Secretary, Coporate Secretariat (position number 12294), and the departmental Access to Information and Privacy Coordinator/Manager (position number 62185) and their respective successors, including in their absence, a person or officer designated in writing to act in the place of the holder of any such functions or positions are hereby designated to exercise those powers, duties or functions of the Minister as the Head of the government institution under the Act, and as set out in the attached Schedule A.

The departmental Access to Information and Privacy Senior Advisors (position numbers 62364, 125590, 12061 and 12058) and their respective successors, including in her/his absence, a person or officer designated in writing as being authorized to act in the place of the holder of any such function or position, are hereby designated to exercise those powers, duties or functions of the Minister as the Head of the government institution under the Act, and as set out in the attached Schedule B.

This is an image of the minister of Indian and Northern Affairs' signature.
___________________________________________
Minister of Indian Affairs and Northern Development

Dated at Gatineau, the 26th of May, 2008

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Schedule A.2 - Designation pursuant to Section 73 of the Privacy Act

Sections and Powers, Duties or Functions

8(2)
Disclose personal information without the consent of the individual to whom it relates

8(4)
Keep copies of requests made under 8(2)(e), keep records of information disclosed pursuant to such requests and to make those records available to Privacy Commissioner

8(5)
Notify the Privacy Commissioner in writing of disclosure under paragraph 8(2)(m)

9(1)
Retain a record of use of personal information

9(4)
Notify the Privacy Commissioner of consistent use of personal information and update index accordingly

10
Include personal information in personal information banks

11(a)
Publish annually an index of all personal information banks and their respective contents

11(b)
Publish annually an index of all personal information held by the institution which is not part of a bank

14
Respond to request for access, within statutory deadline; give access or give notice

15
Extend time limit and notify applicant

16
Where access is refused

17(2)(b)
Language of access or alternative format of access

17(3)(b)
Access to personal information in alternative format

18(2)
May refuse to disclose information contained in an exempt bank

19(1)
Shall refuse to disclose information obtained in confidence from another government

19(2)
May disclose any information referred to in 19(1) if the other government consents to the disclosure or makes the information public

20
May refuse to disclose information injurious to federal-provincial affairs

21
May refuse to disclose information injurious to international affairs and/or defence

22
May refuse to disclose information injurious to law enforcement and investigation

23
May refuse to disclose information injurious to security clearances

24
May refuse to disclose information collected by the Canadian Penitentiary Service, the National Parole Service or the National Parole Board

25
May refuse to disclose information injurious to which could threaten the safety of individuals

26
May refuse to disclose information about other individuals, and shall refuse to disclose such information where disclosure is prohibited under section 8

27
May refuse to disclose information subject to solicitor-client privilege

28
May refuse to disclose information relating to an individual's physical or mental health where disclosure is contrary to the best interests of the individual

31
Receive notice of investigation by the Privacy Commissioner

33(2)
Make representations to the Privacy Commissioner during an investigation

35(1)
Receive the Privacy Commissioner's report of findings of the investigation and give notice of action taken

35(4)
Give complainant access to information after 35(1)(b) notice

36(3)
Receive Privacy Commissioner's report of findings of investigation of exempt

37(3)
Receive report of Privacy Commissioner's findings after compliance investigation where the institution has not complied with sections 4 to 8

51(2)(b)
Request that matter be heard and determined in National Capital Region

51(3)
Request and be given right to make representations in Section 51 hearing

72(1)
Prepare Annual Report to Parliament

77
Carry out responsibilities conferred on the head of the institution by the regulations made under section 77 which are not included above

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Footnotes

  1. There were no records in response to these requests. (return to source paragraph)
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