ARCHIVED - Annual Report to Parliament: Access to Information Act and Privacy Act 2010 - 2011

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Author: Published under the authority of the Minister of Aboriginal Affairs and Northern Development
Date: 2011

Annual Report to Parliament: Access to Information Act 2010-2011
ISBN: 978-1-100-16922-4
QS-6220-056-BB-A1

PDF Version   (958 Kb, 25 Pages)



Author: Published under the authority of the Minister of Aboriginal Affairs and Northern Development
Date: 2011

Annual Report to Parliament: Privacy Act 2010-2011
ISBN: 978-1-100-16923-1
QS-6220-078-BB-A1

PDF Version    (900 Kb, 26 Pages)

 


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Note to Readers:

On May 18, 2011, Prime Minister Stephen Harper announced his new Cabinet. Minister John Duncan continues in this portfolio. However, the Minister's title is changing from Indian Affairs and Northern Development to Aboriginal Affairs and Northern Development Canada.

Effective June 13, 2011, for general public use, the new applied title for the department under the Government of Canada's Federal Identity Program (FIP) is Aboriginal Affairs and Northern Development Canada (AANDC).




Table of Contents

Report on the Access to Information Act


Report on the Privacy Act




Report on the Access to Information Act

1. Introduction

The purpose of the Access to Information Act (ATIA) is to provide Canadians with access to records under the control of federal institutions, except for records subject to limited and specific exemptions and exclusions.

This report to Parliament describes the activities of Aboriginal Affairs and Northern Development (AANDC) that support compliance with the ATIA pursuant to section 72 of the ATIA. The report details the activities and accomplishments of the AANDC’s Access to Information and Privacy (ATIP) Directorate, including highlights such as:

AANDC 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, and the 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, AANDC’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 Aboriginal 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. The goal of this relationship is to advocate for and work with off-reserve Aboriginal Canadians in order to achieve equal services to those living on reserves.


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2. Organization

The ATIP Directorate is responsible for the administration of requests made under the ATIA. It was established within the Corporate Secretariat and reports to the Corporate Secretary, who is directly accountable to the Deputy Head and is a member of the AANDC Senior Management

Committee (SMC). The Directorate also coordinates and implements policies, guidelines and procedures to ensure departmental compliance with the ATIA. Workshop presentations, training courses and awareness sessions designed to increase knowledge and understanding of ATI and Privacy issues and concerns across the Department are also provided by the Directorate.

The Directorate is comprised of two divisions, the ATIP Unit and the Privacy Policy Division. The ATIP Unit consists of the following positions:

During the 2010-2011 reporting period, the ATIP Unit was challenged by a number of vacancies in its organizational structure. This created a gap in analytical capacity and resulted in reliance on support from ATI consultants.


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3. Order of Delegation

Under section 73 of the ATIA, the Minister’s authority is delegated to departmental officials in order to administer the ATIA within AANDC.

At the outset of the reporting period, a delegation order dated May 26, 2008 was still in effect (Appendix A). This delegation order designated the following positions as having the authority to administer the ATIA:

A new delegation order was signed on November 3rd, 2010 following AANDC’s transition to a new Minister (Appendix B). Under section 73 of the ATIA, the order delegated full authority and responsibility for the ATIA to the Corporate Secretary and to the Departmental ATIP Coordinator within the Corporate Secretariat. Fully delegated authority to the ATIP Coordinator ensured AANDC’s continued commitment to timely administration of requests.


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4. Interpretation of the Statistical Report

The Statistical Report was submitted to the Treasury Board Secretariat (TBS) on May 27, 2011 (Appendix C). The Statistical Report details all aspects of the requests the ATIP Unit received and processed during the period of April 1, 2010 to March 31, 2011. During the reporting period, 278 requests were processed, while 134 active files will be carried over to the next year.

4.1 Sources of Requests

The sources of ATIA requests received during the reporting period from April 1, 2010 and March 31, 2011 are included below in Table 1.

Table 1. Sources of ATI requests for the 2010-2011 reporting period.
Source Number of Requests Percentage (%)
Public 162 51.92
Media 77 24.68
Organization 33 10.58
Business 27 8.65
Academia 13 4.17
Total 312 100

As Table 1 shows, the ATIP Unit received the majority its access requests from the public – 162 (51.92%), followed by requests from media – 77 (24.68%).

The public encompasses requests received from any member of the Canadian public, including individual band members. These requesters are predominantly interested in issues affecting reserves, namely, surveys, water treatment, law enforcement, post-secondary education, treaty land entitlements, by-law agreements, elections and lands.

Media requests often revolve around money matters – salaries of chiefs and counselors, grants and contributions, funding to First Nations, audit reports and operational costs.

4.2 Requests Received

The number of ATIA requests received during the reporting period from April 1, 2010 and March 31, 2011 is included in Table 2.

Table 2. ATI requests received during the 2010-2011 reporting period.
Requests Number of Requests Percentage (%)
Received during reporting period 312 75.73
Carried forward from previous year 100 24.25
Total 412 100

The Unit received 312 requests for information under the ATIA. In addition, 100 requests were carried over from the previous fiscal year, for a total of 412 requests. Compared to the previous year, the number of requests received did not significantly change between 2009-2010 and 2010-2011 (increase of 12 requests). The number of requests carried over from the previous fiscal year (100 requests), however, was 20 requests lower than the number carried over the year before.

4.3 Disposition of Completed Requests

The disposition of completed ATI requests during the reporting period from April 1, 2010 and March 31, 2011 is included below in Table 3.

Table 3. Disposition of completed ATI requests from the 2010-2011 reporting period.
Disposition Number of Requests Percentage (%)
Disclosed in Part 90 32.37
Abandoned by the Applicant 83 29.86
Unable to Process 43 15.47
All Disclosed 39 14.03
Nothing Disclosed (Exempted) 17 6.12
Transferred 3 1.08
Treated Informally 2 0.72
Nothing Disclosed (Excluded) 1 0.35
Total 278 100

The most frequent outcome of the requests processed during the reporting period was Partial Disclosure, which occurred with 90 requests (32.37%). By nature, many of the records requested contain personal information and/or third party financial, scientific or technical information protected under subsections 19(1) and 20(1)(b) of the ATIA, respectively.

The second-most frequent outcome was Abandoned by the Applicant, which occurred with 83 requests (29.86%). Backlog files were closed when requesters were no longer interested in their initial request, agreed to have their files treated informally, or re-scoped in such a manner that a new file was opened for administrative purposes.

The third-most frequent outcome was Unable to Process, which occurred in 43 requests (15.47%). The ATIP Unit was unable to process requests seeking access to records that were not under AANDC’s control.

4.4 Exemptions Invoked

A list of ATIA exemptions invoked during the reporting period from April 1, 2010 and March 31, 2011 is included below in Table 4.

Table 4. Exemptions invoked during the 2010-2011 reporting period.
Section of the ATIA Number of Requests Percentage (%)
13(1)(c) 4 1.76
14 3 1.30
15(1) (Defence) 2 0.87
16(1)(c) 3 1.30
16(2) 3 1.30
17 3 1.30
18(a) 7 3.31
18(b) 1 0.41
18(d) 2 0.87
   Subtotal for section 18 10 4.41
19(1) 71 31.28
20(1)(a) 1 0.41
20(1)(b) 33 14.54
20(1)(c) 18 7.93
20(1)(d) 9 3.96
   Subtotal for subsection 20(1) 61 26.87
21(1)(a) 19 8.37
21(1)(b) 17 7.49
21(1)(c) 10 4.41
21(1)(d) 3 1.30
   Subtotal for subsection 21(1) 49 21.59
22 4 1.75
23 13 5.73
26 1 0.41
Total 227 100

As was the case in previous years, the most common exemption invoked during the reporting period was the severing of personal information pursuant subsection 19(1), which was cited in 71 (31.28%) release packages.

The second-most frequent exemption applied was under paragraph 20(1)(b), which protects financial, scientific or technical information of third parties. This exemption was applied in 33 (14.54%) requests.

4.5 Exclusions Cited

A list of ATIA exclusions cited during the reporting period from April 1, 2010 and March 31, 2011 is included in Table 5.

Table 5. Exclusions cited during the 2010-2011 reporting period.
Section of the Act Number of Citations Percentage (%)
Section of the Act Number of Citations Percentage (%)
68(a) 4 23.53
69(1)(a) 1 5.88
69(1)(d) 2 11.76
69(1)(e) 3 17.65
69(1)(g) 7 41.18
   Subtotal for subsection 69(1) 13 76.47
Total 17 100

During the reporting period, exclusions were cited predominantly under subsection 69(1), which were applied in 13 requests (76.47%). These exclusions can be attributed to the process of requesting funding via TBS Submissions and Memoranda to Cabinet.

4.6 Completion Times

The completion times required for each processed request during the reporting period from April 1, 2010 and March 31, 2011 are captured below in Table 6.

Table 6. Completion times for requests received during the 2010-2011 reporting period.
Period Number of Requests Percentage (%)
30 days or less 94 33.81
31-60 days 47 16.91
61-120 days 47 16.91
181 days or over 90 32.37
Total 278 100

The ATIP Unit was successful in responding to 94 (33.81%) access requests within the legislated timeframe of 30 days without the application of extensions. Beyond the 30 day timeframe, 47 (16.91%) requests were completed within an additional 30 days while 47 (16.91%) requests required between 61 and 120 days to complete. According to Table 6, 90 (32.37%) requests required over 180 days to process.

4.7 Extensions

The completion times required for each processed request during the reporting period from April 1, 2010 and March 31, 2011 are captured in Table 7.

Table 7. Extensions to the statutory timelines applied during the 2010-2011 reporting period.
Reason 30 Days or Less 31 Days or More Total Percentage (%)
Volume/Searching 20 29 49 47.57
Third Party 2 26 28 27.19
Consultation 8 18 26 25.24
Total 30 73 103 100

The most significant reason for extending the statutory timeline was due to volume, which occurred in 49 requests (47.57%). The majority of extensions (73) that were applied to requests were longer than 31 days.

4.8 Translations

There were no translations requested during the reporting period.

4.9 Method of Access

The methods of access provided by AANDC during the reporting period from April 1, 2010 and March 31, 2011 are shown below in Table 8.

Table 8. Method of access for requests received during the 2010-2011 reporting period.
Method Number of Occurrences Percentage (%)
Copies given 128 100
Total 129 100

The exclusive method of access to records requested under the ATIA was the distribution of copies, including digital copies when the requester had proper means to access them. The ATIP Unit did not receive any requests to provide the applicant an opportunity to examine the records requested.

4.10 Fees and Costs

The fees charged and waived over the reporting period from April 1, 2010 and March 31, 2011 are indicated below in Table 9.

Table 9. Fees received during the 2010-2011 reporting period.
Type of Fee Amount
Application $1,350.00
Reproduction $1,275.70
Total $2,625.70
Fees Waived Fees Waived Amount
$25.00 or under 27 $180.80
Over $25.00 37 $44,268.91
Total 64 $44,449.71

For the 2010-2011 reporting period, AANDC collected $1,350.00 in application fees and $1,275.70 in reproduction costs. AANDC succeeded in waiving $44,449.70 in fees over $25.00 and $180.80 in fees under $25.00.

The costs incurred during the reporting period from April 1, 2010 and March 31, 2011 are included below in Table 10.

Table 10. Costs to administer the AANDC ATIP Unit during the 2010-2011 reporting period.
Financial Amount
Salary $739,897.34
Salary $739,897.34
Administration (O&M) $110,515.51
Total $850,412.85
Person Year (decimal format) 10.95

Costs incurred during the reporting period are calculated based on the salaries of ATIP

Directorate employees (10.95 FTEs) and the Operational and Management (O&M) expenses associated with the administration of the ATIA. A significant proportion of the O&M expenses were for the hiring of temporary help services and ATIP consultants to treat large volume of requests.


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5. Other ATIP Directorate Functions

The ATIP Unit also processes other types of files, including informal requests such as Access Consultation (AC), Access Informal (AI), and Pre-posting of Audits (AU). All of these files lend significantly to the workload in ATIP. As such, in the 2010-2011 reporting period, over 2,700 requests were received in the ATIP Directorate.

5.1 Consultations from Other Institutions

When a request contains records that are of interest to another institution, the ATIP Coordinator of that institution is consulted. AANDC was consulted in 135 cases in the 2010-2011 reporting period, totaling a volume of over 3,400 pages provided by different levels of government.

5.2 Informal Treatment of Access Requests

AANDC receives requests for information that can be answered without citing the ATIA but keeping within the spirit of the legislation. No $5 application fee is required.

Requests are treated informally when the information requested is mostly in the public domain or can be disclosed for other reasons (ex. a band audit to a band member). When requests are processed informally, applicants do not have the right to complain to the Information Commissioner.

Any request for a copy of a release package from a previously completed ATI request, as listed on the AANDC Proactive Disclosure web page, is captured as an informal access request. Over the 2010-2011 reporting period, 141 access requests were treated through informal means.


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6. Complaints and Investigations

Every complaint that AANDC receives is pursued diligently. Table 11 indicates the complaints registered with the OIC over the reporting period from April 1, 2010 and March 31, 2011.

Table 11. Complaints filed with the Information Commissioner during the 2010-2011 reporting period.
Type of Complaint Number of Complaints Percentage (%)
Delay (deemed refusal) 18 38.30
Time Extension 10 21.28
Exemption/Exclusion 8 17.02
Miscellaneous 7 14.88
Fees 2 4.26
No Records/Incomplete Search 2 4.26
Total 47 100

During the 2010-2011 reporting period, 47 complaints against the Department were filed with the Office of the Information Commissioner (OIC) in relation to the processing of requests under the ATIA. The largest proportion of complaints – 18 (38.30%) – resulted from citations of delay (deemed refusal) in giving access to records. The second greatest reason for complaints was the application of time extensions and exemptions/exclusions, which attributed to 10 (21.28%) and eight (17.02%) complaints, respectively.

In addition to the complaints incurred this year, 32 complaints were carried over from the previous year.

Table 12 lists the outcome of complaints registered with the OIC over the reporting period from April 1, 2010 and March 31, 2011.

Table 12. Outcome of complaints investigated by the Information Commissioner during the 2010-2011 reporting period.
Outcome Number of Occurrences Percentage (%)
Well founded (Resolved) 23 74.19
Discontinued 5 16.13
Not well founded/unsubstantiated 3 9.68
Total 31 100

As Table 12 indicates, 31 investigations were completed in 2010-2011 while 57 complaints will be carried over to the next reporting period. Of the 31 completed investigations, the OIC concluded that three complaints (9.68%) were not substantiated, 23 complaints (74.19%) were well-founded, and five complaints (16.13%) were discontinued. Each of the 23 well-founded complaints were resolved.


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7. AANDC Highlights in 2010-2011

AANDC supports and emphasizes a culture of openness through the efficient processing of access requests. AANDC is actively committed to transparency through compliance with the ATIA and its corporate policies and procedures on the subject. Over the 2010-2011 fiscal year, AANDC made progress in working towards a solution-oriented culture that relies on efficient processing of access requests, and building education and awareness on access to information throughout the Department. Highlights of the year include:

7.1 Education and Training

Educating staff on the ATIA, its implications on the Department and its functions are of paramount importance to AANDC.

It has become clear in recent years that the ability to access government records is of great interest and concern to the public. Openness, accountability and speed of service, with regard to requestors’ right of access to government records, are some of the key areas of focus in AANDC’s educational training on the ATIA.

Furthermore, with a solid understanding of the ATIA, staff are better able to handle requests for records and respond with confidence and efficiency. Therefore, AANDC has made it a priority to train staff on understanding and implementing the TBS policies and procedures related to the ATIA.

Altogether AANDC has run 19 ATIP training sessions in the 2010-2011 fiscal year. Nine of the ATIP sessions were conducted in English and 10 sessions were conducted in French. Each session averaged approximately three hours in length. During the reporting period, the ATIP Directorate trained more than 275 staff on ATIP protocols.

Ultimately, staff training will continue to improve AANDC’s capacity to meet their legislative obligations including the "duty to assist" requestors, as per the Federal Accountability Act (FAA).

7.2 Backlog Resolution

This year, the ATIP Directorate faced significant challenges brought about by the accumulation of late ATI requests carried forward from previous years. This backlog of requests arose primarily from extensive capacity issues and staff turnaround within the Directorate. As a result, in November 2010 the backlog had grown to 115 late requests.

Recognizing this issue, the ATIP Directorate undertook a comprehensive backlog resolution strategy in order to eliminate the backlog and continue promoting timely access to AANDC records. The strategy details the progress of each backlog file and projects target dates for their release. Since regular monitoring of the backlog first began in November 2010, its size has been reduced from 115 to 63 requests. This represents a numeric decline of 52 requests, or a percentage reduction of 45.22%. It is anticipated that the backlog will be fully eliminated by Q3 of the 2011-2012 reporting period.


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8. Changes to the Organization, Policies, Guidelines and Procedures

AANDC implemented the following novel procedures during the reporting period:

8.1 Proactive Disclosure of Completed Access to Information Requests

By proactively disclosing government information on departmental websites, Canadians and Parliament are better able to hold the Government and public sector officials to account. To this end, TBS has proposed that institutions post a monthly list of summaries, in both official languages, of completed access to information requests. AANDC launched its Proactive Disclosure page on Completed Access to Information Requests (http://www.ainc-inac.gc.ca/prodis/atip/rqs-eng.asp) at the end of December 2010. The webpage lists all completed requests dating back to April 2010. The posting of completed access to information requests also allows the ATIP Directorate to treat some incoming access requests informally by simply reproducing a previous release package.

8.2 Management and Use of Electronic Mail (Email)

AANDC implemented sound Information Management (IM) practices for the management of e-mail records. This includes avoiding duplication of email correspondence in subject files, ensuring that emails are relevant to the subject matter, identifying records of business activities, creating folders to contain similar e-mail messages, deleting e-mail messages which are no longer required in a timely fashion and filing or archiving messages in the appropriate tracking systems. AANDC’s proactive support to this initiative has ensured a decrease in the volume of pages of Access to Information requests and has improved AANDC’s information management practices as a whole.


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Appendix A - ATIA Order of Delegation dated May 26, 2008.

Canadian Coat of Arms

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

Ottawa, Canada K1A 0H4

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.

Signature of the Minister of Indian and Northern Affairs
___________________________________________
Minister of Indian Affairs and Northern Development

Dated at Gatineau, the 26th of May, 2008

SCHEDULE A

DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT SCHEDULE TO DELEGATION ORDER

DESIGNATION PURSUANT TO SECTION 73 OF THE ATIA

Sections and Powers, Duties or Functions

6
Advise requestors that we need additional information to proceed with their request

7(a)
Give written notice to requestor that we can proceed with the request

8(1)
Transfer request to another institution or accept transfer from another institution

9
Extend time limits

10
Refuse to acknowledge or deny the existence of records

11
Charge additional fees

12(2)(3)
Provide access in alternate format

13
Exempt information obtained in confidence

14
Exempt information pertaining to federal-provincial affairs

15
Exempt information pertaining to international affairs and/or defence

16
Exempt information pertaining to law enforcement and investigations

17
Exempt information pertaining to the safety of individuals

18
Exempt information pertaining to the economic interests of Canada

19
Exempt personal information

20
Exempt or disclose third party information

21
Exempt information pertaining to advice, decision-making processes of government plans and positions etc.

22
Exempt information pertaining to testing procedures or audits

23
Exempt information pertaining to solicitor-client privilege

24
Exempt information subject to statutory prohibitions or other Acts of Parliament

25
Sever information

26
Exempt information to be published within 90 days

27(1)(4)
Notify third parties of their rights to provide communications/representations regarding the disclosure of their records

28
Receive third party representations; make a decision as to whether to disclose the record or part thereof; and, notify third party of the right to appeal to the Federal Court

29(1)
Disclose information on Information Commissioner during an investigation

33
Advise the Information Commissioner of any third party involvement

35(2)
Make representations to the Information Commissioner during an investigation

37(4)
Release information to complainant

43(1)
Issue a notice to a third party of an application for Court review

44(2)
issue a notice to an applicant that a third party has applied for Court review

52
Request special rules for hearings

69
Exclude Cabinet Confidences

71
Inspect and exempt information in manuals

72(1)
Prepare Annual Report to Parliament

77
Carry out responsibilities conferred to the Head of institution by the regulations made under section 77 which are not included in the above

SCHEDULE B

DEPARTMENT OF INDIAN AND NORTHERN DEVELOPMENT SCHEDULE TO DELEGATION ORDER

DESIGNATION PURSUANT TO SECTION 73 OF THE ATIA

Sections and Powers, Duties or Functions

6
Advise requestors that we need additional information to proceed with their request

7(a)
Give written notice to requestors that we can proceed with their request

8(1)
transfer request to another institution or accept transfer from another institution

9
Extend time limits

11
Charge additional fees

27(1)(4)
Notify third parties of their rights to provide comments/representations regarding the disclosure of their records

28
Receive third party representations; make a decision as to whether to disclose the record or part thereof; and, notify third party of right to appeal to Federal Court

33
Advise the Information Commissioner of any third party involvement

35(2)
Make representations to the Information Commissioner during an investigation

43(1)
Issue a notice to a third party of an application for Court review

44(2)
Issue a notice to an applicant that a third party has applied for Court review

Appendix B - ATIA Order of Delegation dated November 3, 2010.

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 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, 12590 and 12061) 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.

Signature of the Minister of Indian and Northern Affairs
___________________________________________
Minister of Indian Affairs and Northern Development

Dated at Gatineau, the 3rd of November, 2010

SCHEDULE A

DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT SCHEDULE TO DELEGATION ORDER

DESIGNATION PURSUANT TO SECTION 73 OF THE ACCESS TO INFORMATION ACT

Sections and Powers, Duties or Functions

6
Advise requesters that we need additional information to proceed with their request

7(a)
Give written notice to requestor that we can proceed with the request

8(1)
Transfer request to another institution or accept transfer from another institution

9
Extend time limits

10
Refuse to acknowledge or deny the existence of records

11
Charge additional fees

12(2)(3)
Provide access in alternate format

13
Exempt information obtained in

14
Exempt information pertaining to federal-provincial affairs

15
Exempt information pertaining to international affairs and/or defence

16
Exempt information pertaining to law enforcement and investigations

17
Exempt information pertaining to the safety of individuals

18
Exempt information pertaining to the economic interests of Canada

19
Exempt personal information

20
Exempt or disclose third party information

21
Exempt information pertaining to advice, decision-making processes of government plans and positions etc.

22
Exempt information pertaining to testing procedures or audits

23
Exempt information pertaining to solicitor-client privilege

24
Exempt information subject to statutory prohibitions or other Acts of Parliament

25
Sever information

26
Exempt information to be published within 90 days

27(1)(4)
Notify third parties of their rights to provide comments/representations regarding the disclosure of their records

28(4)
third party representations; make a decision as to whether to disclose the record or part thereof; and, notify third party of right to appeal to Federal Court

29(1)
Disclose information on Information Commissioner’s recommendation

33
Advise the Information Commissioner of any third party involvement

35(2)
Make representations to the Information Commissioner during an investigation

37(4)
Release information to complainant

43(1)
Issue a notice to a third party of an application for Court review

44(2)
a notice to an applicant that a third party has applied for Court review

52
Request special rules for hearings

69
Exclude Cabinet Confidences

71
Inspect and exempt information in manuals

72(1)
Prepare Annual Report to Parliament

77
Carry out responsibilities conferred to the Head of the institution by the regulations made under section 77 which are not included in the above

SCHEDULE B

DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT SCHEDULE TO DELEGATION ORDER

DESIGNATION PURSUANT TO SECTION 73 OF THE ACCESS TO INFORMATION ACT

Sections and Powers, Duties or Functions
6
Advise requesters that we need additional information to proceed with their request

7(a)
Give written notice to requestor that we can proceed with the request

8(1)
Transfer request to another institution or accept transfer from another institution

9
Extend time limits

11
Charge additional fees

27(1)(4)
Notify third parties of their rights to provide comments/representations regarding the disclosure of their records

28(1)(2)
Receive third party representations

28(4)
Make a decision as to whether to disclose the record or part thereof; and, notify third party of right to appeal to Federal Court

33
Advise the Information Commissioner of any third party involvement

35(2)
Make representations to the Information Commissioner during an investigation

43(1)
Issue a notice to a third party of an application for Court review

44(2)
Issue a notice to an applicant that a third party has applied for Court review


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Appendix C - AANDC Statistical Report on the ATIA.

Institution Indian and Northern Affairs Canada
Reporting Period 04/01/2010 to 03/31/2011
Source
Media 77
Academia 13
Business 27
Organization 33
Public 162

I Requests under the Access to Information Act
Received during reporting period 312
Outstanding from previous period 100
Total 412
Completed during reporting period 278
Carried forward 134

II Disposition of requests completed
1. All disclosed 39
2. Disclosed in part 90
3. Nothing disclosed (excluded) 1
4. Nothing disclosed (exempt) 17
5. Transferred 3
6. Unable to process 43
7. Abandoned by applicant 83
8. Treated informally 2
Total 278

III Exemptions invoked
S. Art. 13(1)(a) 0
  (b) 0
  (c) 4
  (d) 0
S. Art. 14 3
S. Art. 15(1) International rel. 0
  Defence 2
  Subversive activities 0
S. Art. 16(1)(a) 0
  (b) 0
  (c) 3
  (d) 0
S. Art. 16(2) 3
S. Art. 16(3) 0
S. Art. 17 3
S. Art. 18(a) 7
  (b) 1
  (c) 0
  (d) 2
S. Art. 19(1) 71
S. Art. 20(1)(a) 1
  (b) 33
  (c) 18
  (d) 9
S. Art. 21(1)(a) 19
  (b) 17
  (c) 10
  (d) 3
S. Art. 22 4
S. Art. 23 13
S. Art. 24 0
S. Art. 26 1

IV Exclusions cited
S. Art. 68(a) 4
  (b) 0
  (c) 0
S. Art. 69(1)(a) 1
  (b) 0
  (c) 0
  (d) 2
  (e) 3
  (f) 0
  (g) 7

V Completion time
30 days or under 94
31 to 60 days 47
61 to 120 days 47
121 days or over 90

VI Extensions
  30 days or under 31 days or over
Searching 20 29
Consultation 8 18
Third Party 2 26
Total 30 73

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

VIII Method of Access
Copies given 129
Examination 0
Copies and examination 0

IX Fees
Net fees collected
Application fees $1,350.00
Reproduction $1,275.70
Searching $0.00
Preparation $0.00
Computer processing $0.00
Total $2,625.70

Fees waived No. of times $
$25.00 or under 27 $180.80
Over $25.00 37 44,268.90

X Costs
Financial (all reasons)
Salary $ 739,897.34
Administration (O&M) $ 110,515.51
Total $ 850,412.85
Person year utilization (all reasons)
Person year (decimal format) 10.95

In addition to the reporting requirements addressed in the TBS Statistical Report, institutions are required to report supplemental information on exemptions and exclusions invoked. AANDC’s Supplemental Reporting Requirements are as follows:

Table C-1. Supplemental Reporting Requirements for the 2010-2011 ATIA Statistical Report

Part III – Exemptions Invoked
Section 13

Paragraph 13(1)(e) 0

Section 16

Subsections 16.1(1)(a) 0
  16.1(1)(b) 0
  16.1(1)(c) 0
  16.1(1)(d) 0
  16.2(1) 0
  16.3 0
  16.4(1)(a) 0
  16.4(1)(b) 0
  16.5 0

Section 18

Subsections 18.1(1)(a) 6
  18.1(1)(b) 0
  18.1(1)(c) 0
  18.1(1)(d) 0

Section 20

Subsections 20(1)(b.1) 4
  20.1 0
  20.2 0
  20.4 0

Section 22

Subsections 22.1(1) 3

Part IV – Exclusions Cited
Section 68

Subsections 68.1 0
  68.2(a) 0
  68.2(b) 0

Section 69

Subsections 69.1(1) 0

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Report on the Privacy Act

1. Introduction

The purpose of the Privacy Act (PA) is to protect the privacy of individuals with respect to personal information about themselves held by federal institutions, and to provide individuals with a right of access to that information.

This report to Parliament describes the activities of Aboriginal Affairs and Northern Development (AANDC) that support compliance with the PA pursuant to section 72 of the PA. The report details the activities and accomplishments of the AANDC’s Access to Information and Privacy (ATIP) Directorate, including highlights such as:

AANDC 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, and the 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, AANDC’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 Aboriginal 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. The goal of this relationship is to advocate for and work with off-reserve Aboriginal Canadians in order to achieve equal services to those living on reserves.


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2. Organization

The ATIP Directorate is responsible for the administration of requests made under the PA. It was established within the Corporate Secretariat and reports to the Corporate Secretary, who is directly accountable to the Deputy Head and is a member of the AANDC Senior Management Committee (SMC).

The Directorate is comprised of two groups, the ATIP Unit and the Privacy Policy Division. While the ATIP Unit of the Directorate handles incoming requests for record review, the Privacy Policy Division’s role is to provide critical privacy advice to new initiatives, resulting in changes that will improve privacy protection in departmental programs. Policies and procedures are being established to ensure that privacy is considered throughout the life cycle of AANDC’s processes and programs and that the fair information principles inform policy decisions concerning the collection and use of personal data.

The AANDC Privacy Policy Division provides advice and guidance to the Department on a number of topics;

The Privacy Policy Division comprises the following positions:

During the 2010-2011 reporting period, the Privacy Policy Division was challenged by a number of departures and vacancies in its organizational structure.


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3. Delegation Order

Under section 73 of the PA, the Minister’s authority is delegated to departmental officials in order to administer the PA within AANDC.

At the outset of the reporting period, a delegation order dated May 26, 2008 was still in effect (Appendix A). This delegation order designated the following position as having the authority to administer the PA:

A new delegation order was signed on November 3rd, 2010 following AANDC’s transition to a new Minister (Appendix B). Under section 73 of the PA, the order delegated full authority and responsibility for the PA to the Corporate Secretary and to the Departmental ATIP Coordinator within the Corporate Secretariat. Fully delegated authority to the ATIP Coordinator ensured AANDC’s continued commitment to timely administration of requests.


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4. Interpretation of the Statistical Report

The Statistical Report was submitted to the Treasury Board Secretariat (TBS) on May 27, 2011 (Appendix C). The Statistical Report details all aspects of the privacy requests received by the ATIP Unit during the period of April 1, 2010 to March 31, 2011. This year, 70 requests were processed while 14 active files will be carried over to the next fiscal year.

4.1 Requests received under the Privacy Act

Table 1 indicates the number of PA requests received during the reporting period from April 1, 2010 to March 31, 2011.

Table 1. Privacy requests received during the 2010-2011 reporting period.
Requests Number of Requests Percentage (%)
Received during reporting period 70 87.5
Carried forward from previous year 10 12.5
Total 80 100

This fiscal year, the Directorate received a significant increase in requests under the PA. In addition to the 70 requests received during the 2010-2011 reporting period, 10 requests were carried over from the previous year, for a total of 80 requests. This yields a workload increase of 31 total privacy requests in 2010-2011.

4.2 Disposition of Completed Requests

Table 2 shows the disposition of completed privacy requests during the reporting period from April 1, 2010 to March 31, 2011.

Table 2. Disposition of completed Privacy requests from the 2010-2011 reporting period.
Disposition Number of Requests Percentage (%)
Disclosed in Part 32 45.71
Abandoned by the Applicant 17 24.29
All Disclosed 10 14.29
Unable to Process 9 12.85
Nothing Disclosed (Exempted) 1 1.43
Nothing Disclosed (Excluded) 1 1.43
Transferred 0 0.00
Total 70 100

The most frequent outcome of the requests processed during the reporting period was Partial Disclosure, which occurred with 32 requests (45.71%). By nature, many of the records requested contain personal information about an individual other than the individual who made the request. This information was protected under section 26 of the PA.

The second-most frequent outcome was Abandoned by the Applicant, which occurred with 17 requests (24.29%). All requests that were abandoned were either treated informally or the ATIP Unit did not have enough information to proceed (and the requester failed to answer our request for clarification within 30 days).

The third-most frequent outcome was All Disclosed, which occurred with 10 requests (14.29%).

4.3 Exemptions invoked

The exemption under section 26 of the PA was applied to the records released in 34 requests.

4.4 Exclusions cited

No exclusions from the PA were cited in 2010-2011.

4.5 Completion Times

Table 4 includes the completion times required for each processed request during the reporting period from April 1, 2010 to March 31, 2011.

Table 3. Completion times for requests received during the 2010-2011 reporting period.
Period Number of Requests Percentage (%)
30 days or less 34 48.57
31-60 days 15 21.43
61-120 days 13 18.57
181 days or over 8 11.43
Total 70 100

The ATIP Unit was successful in responding to 34 (48.57%) privacy requests within the legislated timeframe of 30 days without the application of extensions. Beyond the 30 day timeframe, 15 requests (21.43%) were completed within an additional 30 days while 13 requests (18.57%) required between 61 and 120 days to complete. According to Table 4, 8 requests (11.43%) required over 180 days to process.

4.6 Extensions

In 10 instances, meeting the original timeline would have unreasonably interfered with regular operations of AANDC. Therefore, in these instances an extension of 30 days was taken. For one request, an extension under 30 days was taken in order to consult prior to release of the records.

4.7 Translations

There were no translations requested during the reporting period.

4.8 Method of Access

In each of the 42 cases where records were released, copies of the records were provided to the requester.

4.9 Costs

Table 5 shows the costs incurred during the reporting period from April 1, 2010 to March 31, 2011.

Table 4. Costs to administer the AANDC ATIP Directorate during the 2010-2011 reporting period.
Financial Amount
Salary $610,280.28
Administration (O&M) $91,155.13
Total $701,435.41
Person Year (decimal format) 9.04

Costs incurred during the reporting period are calculated based on the salaries of ATIP Directorate employees (9.04 FTEs) and the Operational and Management (O&M) expenses associated with the administration of the PA.


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5. 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 PA.

Further to the formal 74 requests received under the PA, there are permissible disclosures of personal information under subsection 8(2) of the PA which may be disclosed without the consent of the individual to whom the information pertains. Table 6 lists the permissible disclosures made during this reporting period. These disclosures constitute 1069 requests received and 1050 treated.

Table 5. Permissible Disclosures of Personal Information made during the 2010-2011 reporting period.
Paragraph of s.8(2) Number of Disclosures Percentage (%)
(f) 790 73.90
(e) 191 17.87
(d) 51 4.77
(k) 26 2.43
(b) 5 0.48
(a) 3 0.28
(g) 1 0.09
(h) 1 0.09
(j) 1 0.09
(c) 0 0.00
(i) 0 0.00
(l) 0 0.00
(m) 0 0.00
Total 1069 100

Paragraph 8(2)(a)

Personal information may be disclosed "for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose."

Under this paragraph of the PA, three (0.28%) requests were received and treated.

Paragraph 8(2)(b)

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

Under this paragraph of the PA, five (0.48%) requests were received and treated.

Paragraph 8(2)(c)

Personal information may be disclosed "for the purpose of complying with a subpoena or warrant issued or order made by a court, […] for the purpose of complying with rules of court relating to the production of information."

Under this paragraph of the PA, no requests were 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 PA, 51 (4.77%) 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 PA, 191 (17.87%) 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 PA, 790 (73.90%) requests were received and treated.

Paragraph 8(2)(g)

Personal information may be disclosed "to a member of Parliament for the purpose of assisting the individual to whom the information relates in resolving a problem."

Under this paragraph of the PA, one (0.09%) request was received and treated.

Paragraph 8(2)(h)

Personal information may be disclosed "to officers or employees of the institution for internal audit purposes, or to the office of the Comptroller General or any other person or body specified in the regulations for audit purposes."

Under this paragraph of the PA, one (0.09%) request was received and treated.

Paragraph 8(2)(i)

Personal information may be disclosed "to the Library and Archives of Canada for archival purposes."

Under this paragraph of the PA, no request was 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 PA, one (0.09%) request was 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 PA, 26 (2.43%) requests were received and twenty-four (24) were treated.

Paragraph 8(2)(l)

Personal information may be disclosed "to any government institution for the purpose of locating an individual in order to collect a debt owing to Her Majesty in right of Canada by that individual or make a payment owing to that individual by Her Majesty in right of Canada."

Under this paragraph of the PA, no request was received and treated.

Paragraph 8(2)(m)

Personal information may be disclosed "for any purpose where, in the opinion of the head of the institution, (i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure, or (ii) disclosure would clearly benefit the individual to whom the information relates."

Under this paragraph of the PA, no requests were received and treated.


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6. Other ATIP Directorate Functions

The ATIP Unit also processes other types of files, including informal requests such as Privacy Consultation (PC), Privacy Informal (PI), and Pre-distribution reviews of Human Resources and Workplace Services (HRWS) reports. All of these files lend significantly to the workload in ATIP. As such, in the 2010-2011 reporting period, over 2,700 requests were received in the ATIP Directorate.

6.1 Consultations from Other Institutions

No privacy consultations were received from government institutions during the reporting period.

6.2 Informal Treatment of Privacy Requests

AANDC receives requests for information that can be answered without citing the PA but keeping within the spirit of the legislation.

The majority of PI files are requests made by applicants of the Common Experience Program (CEP), requesting access to their own Residential School records. The service standard for this service is 60 days.


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7. Complaints and Investigations

During the 2010-2011 reporting period, only one complaint against the Department was filed with the Office of the Privacy Commissioner of Canada (OPC) in relation to the processing of requests under the PA. Six complaints had been carried over from the previous fiscal year. As such, six investigations were completed and one will be carried over to the next reporting period. Of the six completed investigations, the Privacy Commissioner of Canada concluded that four complaints were not substantiated and two complaints were resolved.


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8. Privacy Impact Assessments

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.

A PIA outlines salient points about new or existing personal information, including hard copy format or through technology systems, by answering questions about 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.

The 10 Fair Privacy Principals (Accountability; Identifying Purposes; Consent; Limiting Collection; Limiting Use, Disclosure and Retention; Accuracy; Safeguards; Openness; Individual Access; and Challenging Compliance) are used as a guide to ensure that privacy is considered throughout the implementation of new systems.

From the initiation of a PIA to the final product, the Privacy Policy Unit has provided direction to program offices and their components on the PIA process. Please refer to Appendix B to view a more comprehensive listing of the number of PIAs and Preliminary Privacy Impact Assessments (PPIAs) that AANDC has been involved in during the 2010-2011 fiscal year.

In the 2010-2011 fiscal-year, AANDC has completed six PIAs (Appendix C). Three did not necessitate complete assessments and three were summarized stating:

National Litigation Inventory and Reporting System

The National Litigation Inventory Reporting System (NLIRS) project was initiated to establish a single integrated system for tracking and reporting on AANDC’s inventory of litigation cases. The system is to be based on a commercial off-the-shelf (COTS) product with full case management support. It will replace a variety of existing tools and databases used by teams and individuals in the branch.

The introduction of a new system will include the move to standardized processes for case management and information management across the branch. Litigation Management and Resolution Branch (LMRB) management will be able to substantially reduce risks related to case and information management by harmonizing its processes, consolidating its information and eliminating the wide array of current tracking tools.

Arrival XE Extended Edition

Arrival XE Extended Edition is the internal tracking and delivery management system from Pitney Bowes that performs application tracking functionality to manage the C3 Application workload. The Arrival System automates the tracking of mail and packages after they reach the Winnipeg processing centre. Arrival also simplifies delivery logging, reporting and prioritization for mail-center staff, and it gives a variety of options for checking delivery status and location. The SendSuite system enables the Call Centre to view application processing history and status to support McIvor-related enquiries.

Indian Lands Registry System

The Indian Lands Registry System publishes personal information necessary to confirm the rights of a First Nation individual to a parcel or parcels of Reserve land. The Government, under several pieces of legislation, is obligated to provide such a registry.

The Indian Lands Registry Upgrade Project (ILRUP) is a re-development of the existing Indian Lands Registry system. The first and primary objective of ILRUP is a technical infrastructure replacement of the existing land registries. This will involve "recoding" the current land registry system.

Second, the project provides all registry clients with access to electronic maps using Geographic Information System (GIS) technology. The project provides a Secured user web application for authorized users to enter and update information in the Land Registries. As well, the project will provide a public site for read-only users.

These PIA summaries will be made publicly available on the official AANDC website in the 2011-2012 fiscal year.


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9. Data Matching Activities

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 and can also be conducted on a periodic basis when deemed necessary. Data matching includes the disclosure or sharing of personal information with another organization for data matching purposes.

There were no new data-matching activities during the reporting period.


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10. AANDC Highlights in 2010-2011

Over the 2010-2011 fiscal year, AANDC has proven its commitment to the importance of a robust privacy-sensitive culture throughout the Department. The following represents these highlights:

10.1 Compliance of the Treasury Board of Canada Secretariat – Privacy Impact Assessments

AANDC is taking a proactive approach to privacy throughout the Department and has obtained guidance and support from the Treasury Board Secretariat to implement various Privacy policies and tools. To this end, the Privacy Policy Unit has developed tools to help program officials in conducting Privacy Impact Assessments (PIAs).

10.2 Compliance of the Treasury Board of Canada Secretariat – Info Source

The Privacy Policy Unit has also worked with Treasury Board to meet its requirements for Info Source – the annual publication containing information about the Government of Canada, its organization and information holdings. This includes conducting PIAs and the development of PIBs.

10.3 Education and Training

AANDC has administered a number of training sessions to increase awareness about the need for Privacy throughout the Department and to make it relevant for all staff.

Privacy 101 Training is an interactive educational session designed to provide participants with a sound understanding of the principals of Privacy. Some key elements include a discussion on the meaning of Privacy, an explanation of the Privacy Act and its purpose, and how Privacy relates to "me and my job". Special attention is paid to the Aboriginal people (First Nations, Inuit and Métis) and the management of their personal information. Understanding of the Privacy Act and the responsibilities inherent within the Act will increase compliance throughout the Department.

Ten Privacy 101 Training sessions were administered in the 2010-2011 fiscal year, with 10 to 25 persons in attendance for each. As AANDC has found this to be a successful and effective tool, Privacy 101 Training sessions will continue to be a staple in the education of the staff in the Department.

Altogether AANDC has run 19 training sessions on ATIP in the 2010-2011 fiscal year. Nine of the ATIP sessions were conducted in English and 10 sessions were conducted in French. Each session averaged about three hours in length. AANDC has succeeded in training more than 275 staff on ATIP protocols during the 2010-2011 fiscal year.

Ultimately, staff training will improve AANDC’s capacity to meet their legislative obligations including the "duty to assist" requestors, as stated in the Federal Accountability Act (FAA).


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11. Changes to Organization, Policies, Guidelines and Procedures

AANDC did not revise or implement any novel policies, guidelines or procedures during the reporting period.


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Appendix A - PA Order of Delegation dated May 26, 2008.

Canadian Coat of Arms

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

Ottawa, Canada K1A 0H4

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.

Signature of the Minister of Indian Affairs and Northern Development
___________________________________________
Minister of Indian Affairs and Northern Development

Dated at Gatineau, the 26th of May, 2008

SCHEDULE A

DEPARTMENT OF INDIAN AND NORTHERN DEVELOPMENT
SCHEDULE TO DELEGATION ORDER
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 and 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 were 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 compliant 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

SCHEDULE B

DEPARTMENT OF INDIAN AND NORTHERN DEVELOPMENT
SCHEDULE TO DELEGATION ORDER

DESIGNATION PURSUANT TO SECTION 73 OF THE PRIVACY ACT

Sections and Powers, Duties or Functions

10
Include personal information in personal information banks

11(a)
Publish annually an index of all the 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

15
Extend time limit and notify applicant

31
Receive notice of investigation by the Privacy Commissioner


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Appendix B - PA Order of Delegation dated November 3, 2010.

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, Corporate 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, 12590 and 12061) 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.

Signature of the Minister of Indian and Northern Affairs
___________________________________________
Minister of Indian Affairs and Northern Development

Dated at Gatineau, the 3rd of November, 2010

SCHEDULE A

DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT SCHEDULE TO DELEGATION ORDER

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

SCHEDULE B

DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT SCHEDULE TO DELEGATION ORDER

DESIGNATION PURSUANT TO SECTION 73 OF THE PRIVACY ACT

Sections and Powers, Duties or Functions

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

15
Extend time limit and notify applicant

31
Receive notice of investigation by the Privacy Commissioner


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Appendix C - AANDC Statistical Report on the PA.

Institution Indian and Northern Affairs Canada
Reporting Period 04/01/2010 to 03/31/2011

I Requests under the Privacy Act
Received during reporting period 74
Outstanding from previous period 10
Total 84
Completed during reporting period 70
Carried forward 14

II Disposition of requests completed
1. All disclosed 10
2. Disclosed in part 32
3. Nothing disclosed (excluded) 1
4. Nothing disclosed (exempt) 1
5. Unable to process 9
6. Abandonned by applicant 17
7. Transferred 0
Total 70

III Exemptions invoked
S. Art. 18(2) 0
S. Art. 19(1)(a) 0
  (b) 0
  (c) 0
  (d) 0
S. Art. 20 0
S. Art. 21 0
S. Art. 22(1)(a) 0
  (b) 0
  (c) 0
S. Art. 22(2) 0
S. Art. 23(a) 0
  (b) 0
S. Art. 24 0
S. Art. 25 0
S. Art. 26 34
S. Art. 27 0
S. Art. 28 0

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

V Completion time
30 days or under 34
31 to 60 days 15
61 to 120 days 13
121 days or over 8

VI Extensions
  30 days or under 31 days or over
Interference with operations 10 0
Consultation 1 0
Translation 0 0
Total 11 0

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

VIII Method of Access
Copies given 42
Examination 0
Copies and examination 0

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

X Costs
Financial (all reasons)
Salary $610,280.28
Administration (O and M) $91,155.13
Total $701,435.41
Person year utilization (all reasons)
Person year (decimal format) 9.04

In addition to the reporting requirements addressed in the TBS Statistical Report, institutions are required to report supplemental information on PIAs. AANDC’s Supplemental Reporting Requirements are as follows:

Table C-1. Supplemental Reporting Requirements for the 2010-2011 PA Statistical Report
Preliminary Privacy Impact Assessments Initiated 0
Preliminary Privacy Impact Assessments Completed 0
Privacy Impact Assessments Initiated 12
Privacy Impact Assessments Completed 6
Privacy Impact Assessments forwarded to the Office of the Privacy Commissioner (OPC) 1

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