ARCHIVED - Privacy Act: Annual Report to Parliament 2013-2014

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Table of Contents

Introduction

I. Introduction

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

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

Our Department

AANDC supports Aboriginal peoples (First Nations, Inuit and Métis) and Northerners in their efforts to:

AANDC is the federal department primarily 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. AANDC's overall mandate and wide-ranging responsibilities are shaped by centuries of history and unique demographic and geographic challenges. The mandate is derived from the Constitution Act 1982, the Indian Act, the Department of Indian Affairs and Northern Development Act, territorial Acts, treaties, comprehensive claims and self-government agreements, as well as various other statutes affecting Aboriginal people and the North.

Most of the department's programs, representing a majority of its spending, are delivered through partnerships with First Nation and Aboriginal communities and federal-provincial or federal-territorial agreements. AANDC also works with urban Aboriginal people, Métis and non-status Indians (many of whom live in rural areas).

II. Organization

ATIP Directorate at AANDC

The ATIP Directorate is responsible for the administration of requests made under the Privacy Act, for personal information as well as for Privacy policy within the department, and approval of all disclosures of personal information under the PA. The Directorate 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 PA. Workshop presentations, training courses and awareness sessions designed to increase access to information and privacy capacity across the Department are also provided by the Directorate.

The Directorate comprises two sections: the Operations Unit and Privacy Policy Unit. While the Operations Unit handles incoming requests for record review, the Privacy Policy Unit'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 continue to be established to ensure that privacy is considered throughout the life cycle of AANDC's programs and that informed policy decisions are made concerning the collection and use of personal information.

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

  1. Conducting departmental Privacy Impact Assessments (PIAs)
  2. Advising on permissible disclosures of personal information pursuant to subsection 8(2) of the PA
  3. Including and using appropriate PA Statements on Data Collection Instruments (DCIs), i.e. forms, surveys, etc.
  4. Updating Info Source and instructing in the preparation and registration of Personal Information Banks (PIBs) and their related Classes of Records (CORs)
  5. Educating and promoting awareness of privacy and privacy-related issues throughout the Department
  6. Meeting the requirements of the PA and its related policies regarding the sharing of personal information when preparing Memoranda of Understanding (MOUs).

Within each of the sectors and regional offices of AANDC are ATIP Liaison Officers (ALOs) who receive callouts from the ATIP Directorate and subsequently task the request to appropriate areas within their sector. ALOs play a crucial role in ensuring requests are clear to the record retrievers and that the appropriate records, impact statements and approvals are obtained and communicated to ATIP Directorate officials in a timely manner.

In 2013-2014, PPU comprised the positions and structure under the ATIP Director's Office as shown below:

Director's Office

The Director (EX‑01), as institutional ATIP Coordinator, holds full delegated authority under the Act. The Director is supported in day-to-day administrative tasks by the Administrative Assistant (AS‑01) and in reporting and policy initiatives by the Reporting Analyst (PM‑03).

Privacy Policy Unit

The Privacy Manager (PM‑05) is responsible for the oversight of the PPU team and review of completed requests.

The rest of the PPU team comprises:

  • Two Privacy Advisors (PM‑04) who advise and guide departmental officials and specialists on systems implications of privacy legislation and policy;
  • One Privacy Project Officer (PM‑03), who reviews and processes permissible disclosures pursuant to section 8(2) of the Privacy Act;
  • One Privacy Policy Officer (PM‑02) who reviews, assesses and registers departmental collections of personal information for storage in PIBs and inclusion in Info Source; and
  • One Privacy Policy Technical Officer (AS‑02), who provides administrative services and activities in support of the Manager, as well as overall administrative support to the unit.

III. Delegation Order

Under section 73 of the Privacy Act, the Minister's authority may be delegated to departmental officials in order to administer the Privacy Act within AANDC.

During the reporting period, the delegation order signed by Minister John Duncan on August 30, 2011 was in effect (Appendix A). Under section 73 of the Privacy Act, the order delegates full authority and responsibility for the PA to the following positions:

The ATIP Coordinator can also sub-delegate to either one of the Team Leader positions.

Statistics

IV. Interpretation of the Statistical Report

AANDC's Statistical Report was submitted to the Treasury Board Secretariat (TBS) on May 1, 2014 (Appendix B). The Report details various aspects of the requests AANDC received and processed during the period of April 1, 2013 to March 31, 2014.

Part 1. Requests under the Privacy Act

In 2013-2014, AANDC received 101 requests under the PA in addition to 6 requests that were carried over from the previous year (Table 1.1). Of these 107 requests, the ATIP Directorate completed 100 requests and carries 7 requests over into the 2014‑2015 reporting period.

Table 1.1 Number of Requests from 2013-2014
Requests 2012-2013 2013-2014
Received 143 101
Outstanding from last year 29 6
Total 172 107
Closed this year 166 100
Carried over to next year 6 7

Part 2. Requests closed during the reporting period

2.1 Disposition and completion time

Of the 100 requests closed during the reporting period (Table 2.1), AANDC was able to fully or partially disclose records in 65 cases; that is, 65.0% of the time a request was submitted to AANDC, the result was a disclosure of relevant information. In these cases, the majority of requests (61, or 61.0%) took 30 days or less to complete. Proportionately, more requests were closed within the statutory 30 day timeframe in 2013-2014 (89, or 89.0%) than the previous year (137, or 82.5%).

Eight percent of requests were abandoned by the requester, and in no cases was responsive information exempted from disclosure under provisions of the PA (see Part 2.2).

All requests were completed within 60 calendar days, another improvement upon the two requests in the previous year which required more than 60 days to complete.

The most frequent outcome of the requests processed during the reporting period was 'Disclosed in part', which was the result for 48 requests (48.0%), followed by 'No records exist', which occurred in 21 requests (27.0%). In 8 instances, the request was abandoned by the requester, likely because the original request was not complete or sufficient authorization for disclosure not obtained.

Table 2.1 Disposition and completion time of requests made under the Privacy Act
Disposition of requests Completion Time
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
All disclosed 7 10 0 0 0 0 0 17
Disclosed in part 12 32 4 0 0 0 0 48
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 17 9 1 0 0 0 0 27
Request abandoned 8 0 0 0 0 0 0 8
Total 44 51 5 0 0 0 0 100
2.2 Exemptions

As seen in previous years, the provision under section 26 (information about another identifiable individual) was the most commonly utilized exemption (47 times) invoked during the reporting period (Table 2.2). The next most common exemptions applied were under sections 27 (solicitor-client privilege) and 25 (personal information which could reasonably be expected to threaten the safety of individuals), which were invoked four times and once, respectively. In general, exemptions were used far less frequently over 2013‑2014, with 52 total exemptions applied across 65 requests where relevant records were retrieved and treated. Last year, more than double the amount of exemptions (122) were applied across a greater volume of 129 requests where relevant records were treated.

Table 2.2 Number of requests closed where exemption provisions were invoked
Section Number of requests Section Number of requests Section Number of requests
18(2) 0 22(1)(a)(i) 0 23(a) 0
19(1)(a) 0 22(1)(a)(ii) 0 23(b) 0
19(1)(b) 0 22(1)(a)(iii) 0 24(a) 0
19(1)(c) 0 22(1)(b) 0 24(b) 0
19(1)(d) 0 22(1)(c) 0 25 1
19(1)(e) 0 22(2) 0 26 47
19(1)(f) 0 22.1 0 27 4
20 0 22.2 0 28 0
21 0 22.3 0    
Total 52
2.3 Exclusions

No exclusion provisions were applied to requests that were closed in 2013-2014.

2.4 Format of information released

Over the course of this reporting period, requesters received more of their response packages via electronic format. AANDC conveyed response packages in electronic format for 33 requests (55.9%), and paper format for 21 requests (35.6%). Response packages were also delivered in other formats for five requests (8.5%).

Table 2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 9 4 2
Disclosed in part 12 29 3
Total 21 33 5
2.5 Complexity

The following sections detail several factors affecting the complexity of requests that were completed throughout 2013-2014.

2.5.1 Relevant pages processed and disclosed

During the reporting period, the ATIP Directorate received 65 requests, resulting in the review of 11,867 pages of records under the control of the Department (Table 2.5.1). Nearly one half (5,373 pages, or 45.3%) of the total records processed during the reporting period were disclosed partially or in their entirety, up marginally from the 45.2% release rate of the reporting period.

Rather than attributing this fact to a single cause, this may simply be a result of the particular nature and content of the records that were retrieved throughout 2013-2014.

Table 2.5.1 Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 844 683 17
Disclosed in part 11,020 4,670 48
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 3 0 8
Total 11,867 5,373 73
2.5.2 Relevant pages processed and disclosed by size of requests

Over three-quarters of completed requests (55 or 75.3%) required 100 pages of processing or less (Table 2.5.2). The 12 requests that required treatment of between 101-500 pages of records resulted in the disclosure of 1,597 (29.8%) of all pages of information released in 2013-2014.

AANDC treated four moderately large (1,001-5,000 pages) requests and partially disclosed information in completing three of them. These three requests accounted for 1,550 (33.0%) of all pages of information released during the reporting period.

Table 2.5.2 Relevant pages processed and disclosed by size of request
Disposition Less than 100 pages processed 101-500 pages processed 501-1,000 pages processed 1,001-5,000 pages processed More than 5,000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
All disclosed 16 132 0 0 1 551 0 0 0 0
Disclosed in part 31 840 12 1,597 2 683 3 1,550 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Abandoned 8 0 0 0 0 0 0 0 0 0
Total 55 972 12 1,597 3 1,234 3 1,550 0 0
2.5.3 Other complexities

In three cases, the ATIP Directorate required external consultations with other organizations before completing a request.

Table 2.5.3 Other complexities related to requests closed during the reporting period
Disposition Consultation required Legal Advice Sought Interwoven Information Other Total
All disclosed 0 0 0 17 17
Disclosed in part 3 0 0 45 48
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Abandoned 0 0 0 8 8
Total 3 0 0 70 73
2.6 Deemed refusals

During the reported period, AANDC completed all requests within their statutory deadline.

2.7 Requests for translation

During the reporting period, there were no instances where requesters asked that responsive records be translated to another official language.

Part 3. Disclosure under subsection 8(2)

AANDC is permitted to disclose personal information under subsection 8(2) of the PA. TBS requires AANDC to report the number of instances where personal information was disclosed specifically pursuant to paragraph 8(2)(e) and 8(2)(m).

Under 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...". In 2013-2014, AANDC made 71 disclosures within this context.

In total, there were 788 files requesting disclosures of personal information pursuant to the paragraphs under subsection 8(2) of the PA (Table 3.1). The most frequent types of disclosure file were under paragraphs 8(2)(f), 8(2)(a), 8(2)(e), 8(2)(d), and 8(2)(k), which accounted for 99.0% of the requests completed during the reporting period.

Table 3.1 Disclosures of personal information permissible under subsection 8(2) of the Privacy Act
Paragraph Number of Disclosures Percentage (%)
8(2)(a) 34 4.3
8(2)(b) 2 0.25
8(2)(c) 0 0
8(2)(d) 82 10.4
8(2)(e) 72 9.1
8(2)(f) 567 72
8(2)(g) 0 0
8(2)(h) 0 0
8(2)(i) 0 0
8(2)(j) 2 0.25
8(2)(k) 25 3.1
8(2)(l) 4 0.5
8(2)(m) 0 0.1
Total 788 100.0

Part 4. Requests for correction of personal information and notations

During the reporting period, there were four requests for correction of personal information and notations. In all instances, the requests for correction were accepted.

Part 5. Extensions

5.1 Reasons for extensions and disposition of requests

AANDC applied fewer extensions during the reporting period compared to the previous year (Table 5.1). A total of three extensions under section 15(a) of the PA were applied in 2013-2014, less than the 7 applied in 2012‑2013, or 55 in 2011-2012. In 2013-2014, extensions under 15(a)(i) were used three times and subsection 15(a)(ii) (external consultation) was cited in one file.

Where an extension was applied to a request, the result of the request was a partial disclosure of records three out of four times, with the remaining file producing no existing records.

Table 5.1 Reasons for extensions and disposition of requests
Disposition of requests where an extension was taken 15(a)(i) Interference with Operations 15(a)(ii) Consultation 15(b) Translation or conversion
Section 70 Other
All disclosed 0 0 0 0
Disclosed in part 2 1 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 1 0 0 0
Request abandoned 0 0 0 0
Total 3 1 0 0
5.2 Length of extensions

All four extensions applied during the reporting period were between 16 to 30 days in length.

Table 5.2 Length of extensions
Length of extension 15(a)(i) Interference with Operations 15(a)(ii) Consultation 15(b) Translation purposes
Section 70 Other
1 to 15 days 0 0 0 0
16 to 30 days 3 1 0 0
Total 3 1 0 0

Part 6. Consultations received from other institutions and organizations

AANDC received no consultations this reporting year.

Part 7. Completion time of consultations on Cabinet confidences

During the reporting period, no consultations on the application of section 70 of the PA were sent to DLSU for consultation on potential Cabinet confidences.

Part 8. Resources related to the Privacy Act

8.1 Costs
Table 8.1 Costs for the administration of the PA
Expenditures Amount
Salaries $284,457
Overtime $0
Goods and Services $53,744
  • Professional services contracts
$53,744
  • Other
$0
Total $338,201

In 2013-2014, AANDC spent $338,201 on the administration of the PA, which is a decrease of $374,063 (or 52.5%) from the $712,264 expended in 2012-2013 (Table 8.1). An amount of $373,354 less was spent on salaries while $709 was cut from goods and services. Due to the departure of a number of members of the Privacy unit, and the temporary reallocation of staff to Access to Information activities, salary allocations for the Privacy Unit dropped considerably in 2013-2014.

Figure 8.1 Budget figures for the administration of the Privacy Act over the previous four years

Budget figures - 2011-2014
8.2 Human Resources

The Operations Unit within the ATIP Directorate consisted of 4.27 full-time equivalents (FTEs) (Table 8.2). All 4.27 FTEs representing the PPU were dedicated solely to privacy policy activities. Over the course of the reporting period, AANDC hired a consultant for approximately 1.5 FTE to aid in the PPU.

Table 8.2 Human resources dedicated to the administration of the Privacy Act
Resources Dedicated full-time to ATIP Activities Dedicated part-time to ATIP activities Total
Full-time employees 4.27 0.00 4.27
Part-time and casual employees 1.00 0.00 1.00
Regional staff 0.00 0.00 0.00
Consultants and agency personnel 1.50 0.00 1.50
Students 0.00 0.00 0.00
Total 6.77 0.00 6.77

Part 9. Completed Privacy Impact Assessments (PIAs) and Other ATIP Directorate Functions

Throughout the reporting period, the ATIP Directorate also processed other types of files beyond formal requests. These include informal requests from the public as well as various other services provided internally to the Department by PPU. In total, the Directorate processed over 150 privacy-related files in 2013-2014.

Privacy Impact Assessments (Appendix A of the TBS Statistical Report)

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 or substantially modified technologies, information systems, initiatives, and proposed programs or policies meet federal government privacy requirements. During the 2013-2014 reporting period, the Privacy Policy Unit developed a Privacy Impact Assessment template in order to assist programs in completing Privacy Impact Assessments in accordance with Treasury Board policies and directives, initiating 13 new PIAs. In two instances, it was determined by ATIP officials that a full-scale assessment was unnecessary for the proposed activity. AANDC also completed a full PIA during the reporting period on TeamMate.

Assessment and Investigation Services Branch (AISB) customized a new software, TeamMate, which was recently implemented in the Audit and Assurance Services Branch (AASB) in the Audit and Evaluation Sector. The software is used to track allegations and complaints and to assist AISB in its reporting requirements. The personal information contained within TeamMate is limited to name and contact information of complainants (if the complainant has voluntarily provided their name and contact information), as well as the nature of the complaint itself. The process allows for the anonymous submission of allegations and complaints.

The PIA focused on the Implementation of AISB Teammate and the use of AISB TeamMate by AISB staff and regional Allegations and Complaints Coordinators. The activities conducted to assess/investigate allegations and address complaints are not within the scope of this PIA. The full summary of this PIA can be found on AANDC's official website.

Information Sharing Agreements (ISAs)

AANDC creates internal and external agreements that govern the sharing of personal information pursuant to section 8(2) of the Act and respecting TBS policy. These often take the form of Memoranda of Understanding (MOU) and outline key parameters, safeguards and timeframes regarding the purpose and disclosure of the personal information.

Privacy Act Statements

The Privacy Policy Unit (PPU) assists and reviews all AANDC programs in the development of appropriate Privacy Notice Statements to be included in any form(s) and/or shared during a consultation engagement process which collects personal information. During 2013-2014, the PPU developed a new Departmental Privacy Notice Statement in response to the January 2013 TBS directive concerning Privacy Statements duly informing First Nations and the Canadian public of what is done with their personal information and pursuant to several suggestions of the same nature, made in 2013 by the Office of the Privacy Commissioner. In 2013-2014, the PPU responded to 24 Privacy Statements.

The PPU is currently working with all AANDC program areas in the 2014-2015 fiscal year to ensure the update of Privacy Notice Statements for all hard copy and online Data Collection Instruments (DCI's), forms and/or consultation processes.

Privacy Policy Questions

The Privacy Policy Unit also fields questions regarding privacy protocols, policies/directives, issues and other inquiries related to the collection, use, retention and disposal, and/or sharing of personal information. During the reporting period, the PPU responded to and addressed 32 questions from departmental clients for all AANDC related privacy matters.

Privacy Breaches

The PPU provides support to AANDC officials in addressing and containing potential privacy breaches. To this end, PPU has created Privacy Breach Guidelines available to all employees to assist individuals respond to a potential breach. In 2013-2014, PPU addressed 13 potential situations where allegations of improper disclosure of personal information were reported.

Informal Privacy Requests

AANDC receives requests for information that can be answered without citing the PA but keeping within the spirit of the legislation. In total, the ATIP Directorate treated 59 personal information-related requests through informal means in 2013‑2014.

V. Complaints and Investigations

During the 2013-2014 reporting period, there were only five complaints registered with the Office of the Privacy Commissioner (OPC) against AANDC (Table V.1). Three of the complaints were discontinued, while the remaining two were either settled, or not well-founded.

Table V.1 Number of complaints received
Type of Complaint Number of Complaints
Use and Disclosure 2
Access 1
Retention and Disposal 1
Collection 1
Total 5

Highlights

VI. 2013-2014 Points of Interest

Under the leadership and support of the Corporate Secretary and ATIP director, the ATIP Directorate focused its business in 2013-2014 upon three key pillars: legislative and policy compliance, modernization, and engagement and support. The following are highlights of some activities undertaken this year under these key areas.

High Compliance with Statutory Deadlines

AANDC reported no deemed refusals this reporting period. Since May 2012, AANDC has not closed any formal privacy requests after its statutory deadline.

Education and Training

Educating staff on the PA as well as its implications for the Department and its operations continues to be of high importance to AANDC.

It is clear that the collection, use and disclosure of personal information by the Canadian government are of great interest and concern to the Canadian public. AANDC recognizes that a solid understanding of the PA allows officials to make informed decisions on policies and activities.

With respect to departmental training, AANDC continued its successful training campaign of 2013-2014. This year, the ATIP training presentation deck was revised to provide improved information and instruction to departmental staff relating to new processes. In total, the ATIP Directorate held 5 formal training sessions on the PA, as well as numerous informal ad hoc sessions as requested by AANDC program areas.

In addition, the PPU also delivered privacy training sessions. These sessions focused on departmental obligations related to Info Source and the conduct of PIAs.

Access to Information and Privacy Liaison Shared Drive

This year, the ATIP directorate created the Access to Information and Privacy Liaison Shared Drive. The Shared Drive allows for simple transfers of records between the ATIP directorate and offices of primary interest. The ATIP Liaison Shared Drive is an improvement upon its predecessors, allowing for faster and easier distribution of consultations and records.

ATIP Online Request Pilot Project

In January 2014, the ATIP Directorate made further steps in its transition to a fully electronic record retrieval process. The ATIP Directorate launched the Access to Information and Privacy Online Request Pilot Project. This online pilot project makes it easier to submit access to information and privacy request. Instead of printing, scanning and mailing forms to AANDC, individuals can now submit their requests online. Requestors are also able to pay the $5.00 application fee for their access to information request online securely using a credit card. This new and improved method of making ATIP requests will simplify the application process.

Info Source

Extensive efforts were once again made during the 2013-2014 reporting period to ensure all Personal Information Banks (PIBs) and Classes of Records(CORs) were updated in accordance with applicable policies and directives, as well as reflecting the amendments made to AANDC's Program Alignment Architecture structure. This year, the ATIP Directorate completed, and submitted 11 PIBs to Treasury Board. The Department's 2013 Annual Info Source chapter was submitted to Treasury Board Secretariat June 2013 in accordance with requirements as outlined in the TBS directive, Info Source Decentralized Publishing Requirements.

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

Organization Changes

In 2013-2014, the Directorate stabilized its senior management structure. A permanent Director (EX‑01) was appointed to head the directorate and a Team Leader position (PM‑05) was filled through the use of another departmental pool. The Directorate also established a Deputy Director position (PM‑06) to provide further organizational support to the Director and to manage daily ATIP activities.

The Directorate also faced human resource challenges with the departure of six employees, most notably the Manager of Privacy (PM‑05) and two senior analysts (PM‑04).

The Directorate saw these vacancies however, as an opportunity to provide support to the entire federal government ATIP community. Considering the specialized nature of ATIP, all departmental ATIP offices face staffing challenges and finding trained, qualified resources. As such, the Directorate launched three competitive staffing processes (PM‑01, PM‑04, and PM‑06) which were open to the Canadian public. The goal of these processes was to establish pools of qualified candidates in each PM level which would be open to all ATIP offices across government. In the spirit of further collaboration, the PM‑4 competitive process was chaired jointly by AANDC and Industry Canada's ATIP Directors.

The Directorate also continued its practice of hiring several FSWEP students and providing them with a meaningful work experience, which included a rotation through each of the Privacy Policy, Intake and Operations Units.

Procedural Changes

Beyond the transition to electronic record retrieval and creation of the ATIP Liaison Shared Drive, no significant procedural changes were undertaken in 2013‑2014.

Appendix A

Order of Delegation of the Privacy Act dated August 30, 2011.

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 Deputy Minister (position number 00001), Associate Deputy Minister (position number 00000006), Deputy Minister's office, Corporate Secretary (position number 12294), Corporate Secretariat, and the departmental Access to Information and Privacy Coordinator/Director (position number 20003872) 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.

Original signed by
John Duncan
Minister of Indian Affairs and Northern Development

Dated at Gatineau, the 30th of August 2011

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

Appendix B

AANDC 2012-2013 Statistical Report on the Administration of the Privacy Act.

Reporting period: 4/1/2013 to 3/31/2014

Part 1 – Requests under the Privacy Act

Requests under the Privacy Act
Request Period Number of Requests
Received during reporting period 101
Outstanding from previous reporting period 6
Total 107
Closed during reporting period 100
Carried over to next reporting period 7

Part 2 – Requests closed during the reporting period

2.1 Disposition and completion time
Disposition of requests Completion Time
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
All disclosed 7 10 0 0 0 0 0 17
Disclosed in part 12 32 4 0 0 0 0 48
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 17 9 1 0 0 0 0 27
Request abandoned 8 0 0 0 0 0 0 8
Total 44 51 5 0 0 0 0 100
2.2 Exemptions
Section Number of requests Section Number of requests Section Number of requests
18(2) 0 22(1)(a)(i) 0 23(a) 0
19(1)(a) 0 22(1)(a)(ii) 0 23(b) 0
19(1)(b) 0 22(1)(a)(iii) 0 24(a) 0
19(1)(c) 0 22(1)(b) 0 24(b) 0
19(1)(d) 0 22(1)(c) 0 25 1
19(1)(e) 0 22(2) 0 26 47
19(1)(f) 0 22.1 0 27 4
20 0 22.2 0 28 0
21 0 22.3 0    
2.3 Exclusions
Section Number of requests Section Number of requests Section Number of requests
69(1)(a) 0 70(1)(a) 0 70(1)(d) 0
69(1)(b) 0 70(1)(b) 0 70(1)(e) 0
69.1 0 70(1)(c) 0 70(1)(f) 0
        70.1 0
2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 9 4 2
Disclosed in part 12 29 3
Total 21 33 5
2.5 Complexity
2.5.1 Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 844 683 17
Disclosed in part 11,020 4,670 48
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 3 0 8
2.5.2 Relevant pages processed and disclosed by size of request
Disposition Less than 100 pages processed 101-500 pages processed 501-1,000 pages processed 1,001-5,000 pages processed More than 5,000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
All disclosed 16 132 0 0 1 551 0 0 0 0
Disclosed in part 31 840 12 1,597 2 683 3 1,550 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Abandoned 8 0 0 0 0 0 0 0 0 0
Total 55 972 12 1,597 3 1,234 3 1,550 0 0
2.5.3 Other complexities
Disposition Consultation required Legal Advice Sought Interwoven Information Other Total
All disclosed 0 0 0 17 17
Disclosed in part 3 0 0 45 48
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Abandoned 0 0 0 8 8
Total 3 0 0 70 73
2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline
Number of requests closed past the statutory deadline Principal Reason
Workload External consultation Internal consultation Other
0 0 0 0 0
2.6.2 Number of days past deadline
Number of days past deadline Number of requests past deadline where no extension was taken Number of requests past deadline when an extension was taken Total
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 0 0
2.7 Requests for translation
2.7 Requests for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Part 3 – Disclosures under subsection 8(2)

Disclosures under subsection 8(2)
Paragraph 8(2)(e) Paragraph 8(2)(m) Total
71 0 71

Part 4 – Requests for correction of personal information and notations

Requests for correction of personal information and notations
Requests Number
Requests for correction received 4
Requests for correction accepted 4
Requests for correction refused 0
Notations attached 0

Part 5 – Extensions

5.1 Reasons for extensions and disposition of requests
Disposition of requests where an extension was taken 15(a)(i) Interference with Operations 15(a)(ii) Consultation 15(b) Translation or conversion
Section 70 Other
All disclosed 0 0 0 0
Disclosed in part 2 1 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 1 0 0 0
Request abandoned 0 0 0 0
Total 3 1 0 0
5.2 Length of extensions
Length of extension 15(a)(i) Interference with Operations 15(a)(ii) Consultation 15(b) Translation purposes
Section 70 Other
1 to 15 days 0 0 0 0
16 to 30 days 3 1 0 0
Total 3 1 0 0

Part 6 – Consultations received from other institutions and organizations

6.1 Consultations received from other government institutions and organizations
Consultations Other government institutions Number of pages to review Other organizations Number of pages to review
Received during the reporting period 0 0 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 0 0 0 0
Closed during the reporting period 0 0 0 0
Pending at the end of the reporting period 0 0 0 0
6.2 Recommendations and completion time for consultations received from other government institutions
Recommendation Number of days required to complete consultation requests
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
Disclose entirely 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 9 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0
6.3 Recommendations and completion time for consultations received from other organizations
Recommendation Number of days required to complete consultation requests
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
Disclose entirely 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 9 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Part 7 – Completion time of consultations on Cabinet confidences

Completion time of consultations on Cabinet confidences
Number of days Number of responses received Number of responses received past deadline
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
More than 365 0 0
Total 0 0

Part 8 – Resources related to the Privacy Act

8.1 Costs
Expenditures Amount
Salaries $284,457
Overtime $0
Goods and Services $53,744
  • Contracts for privacy impact assessments
$0
  • Professional services contracts
$53,744
  • Other
$0
Total $338,201
8.2 Human Resources
Resources Dedicated full-time Dedicated part-time Total
Full-time employees 4.27 0.00 4.27
Part-time and casual employees 1.00 0.00 1.00
Regional staff 0.00 0.00 0.00
Consultants and agency personnel 1.50 0.00 1.50
Students 0.00 0.00 0.00
Total 6.77 0.00 6.77
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