ARCHIVED - Annual Report to Parliament 2014 – 2015: Privacy Act

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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 under the responsibility and control of 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:

  • Full compliance with the Privacy Act
  • Creation of the ATIP Liaison Officer Manual
  • Creation of the Privacy Breach Manual;
  • Increased training initiatives to improve departmental ATIP capacity and awareness.

Our Department

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

  • Improve their social well-being and economic prosperity;
  • Develop healthier, more sustainable communities; and
  • Participate more fully in Canada's political, social and economic development – to the benefit of all Canadians.

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 Privacy policy within the department, and the disclosures of personal information under the Privacy Act. 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 Privacy Act. 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 for new initiatives, resulting in 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 Privacy Act
  3. Including and using appropriate Privacy Act 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 Privacy Act 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 who receive callouts from the ATIP Directorate and subsequently task the request to appropriate areas within their sector. ATIP Liaison Officers 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.

Privacy Policy Unit

Directorate schema
View text version of this graph

This flow chart describes the structure of the Privacy Policy Unit within the Access to Information and Privacy (ATIP) Directorate.

The Director's Office is composed of the following:

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 Deputy Director (PM-06), Administrative Assistant (AS-01) and in reporting and policy initiatives by the Reporting Analyst (PM-03).
Under the Director's Office is the Privacy Policy Unit, which consists of the following positions:

The Privacy Manager (PM-05) is responsible for the oversight of the Privacy Policy Unit team and review of completed requests;

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

Two Part-Time Students who assist the Privacy Advisor, Privacy Project Officer, and Privacy Policy in their work.


The Access to Information and Privacy Operations Unit coordinates the receipt of requests for information under the control of the department made pursuant to the Access to Information Act and the Privacy Act, and ensures that a response is provided within the legislated timeframe (usually 30 days). All requests are monitored by using our tracking system AccessPro Case Management. To do so, ATIP analysts work closely with the relevant program areas in order to ensure that all responsive documents are provided and to ensure that the information contained within those documents is treated in accordance with the Acts to allow for government records to be safely disclosed to the Canadian public.

III. Delegation Order

Under section 73 of the ATIA, the Minister's authority may be delegated to departmental officials in order to administer the 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 Act, the order delegates full authority and responsibility for the ATIA to the following positions:

  • Deputy Minister
  • Associate Deputy Minister
  • Corporate Secretary
  • Departmental ATIP Coordinator

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, 2015 (Appendix B). The Report details various aspects of the requests AANDC received and processed during the period of April 1, 2014 to March 31, 2015.

Part 1. Requests under the Privacy Act

In 2014 – 2015, AANDC received 99 requests under the Privacy Act in addition to 6 requests that were carried over from the previous year (Table 1.1). Of these 105 requests, the ATIP Directorate completed 92 requests and carried 13 requests over into the 2015 – 2016 reporting period.

Table 1.1 Number of Requests from 2014 – 2015
Number of Requests 2013 – 2014 2014 – 2015
Received 101 99
Outstanding from last year 6 6
Total 107 105
Closed this year 100 92
Carried over to next year 7 13

Part 2. Requests closed During the Reporting Period

2.1 Disposition and completion time

Of the 92 requests closed during the reporting period (Table 2.1), AANDC was able to fully or partially disclose records in 51 cases; that is, 55.4% of the time a request was submitted to AANDC, the result was a disclosure of relevant information. The majority of requests (84, or 91.0%) took 30 days or less to complete. In 2014 – 2015, only one request took longer than 60 calendar days to be completed.

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

The most frequent outcome of the requests processed during the reporting period was ‘Disclosed in part', which was the result for 37 requests (40.2%), followed by ‘No records exist', which occurred in 18 requests (19.6%). In 23 instances, the request was abandoned by the requester, likely because the original request was not complete or sufficient authorization for disclosure was 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
Total 43 41 7 1 0 0 0 92
All disclosed 8 4 2 0 0 0 0 14
Disclosed in part 6 25 5 1 0 0 0 37
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 8 10 0 0 0 0 0 18
Request abandoned 21 2 0 0 0 0 0 23
Neither confirmed nor denied 0 0 0 0 0 0 0 0
2.2 Exemptions

As seen in previous years, the provision under section 26 (information about another identifiable individual) was the most commonly utilized exemption (32 times) invoked during the reporting period (Table 2.2). The only other exemptions applied in 2014 – 2015 were under section 27 (solicitor-client privilege), which was invoked three times. In general, exemptions were used far less frequently throughout 2014 – 2015, with 37 total exemptions applied across 51 requests where relevant records were retrieved and treated. Last year, 52 exemptions were applied across 65 requests where relevant records were treated.

Table 2.2 Number of requests closed where exemption provisions were invoked
Section Number of requests
Total: 37
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 0
19(1)(d) 0
19(1)(e) 0
19(1)(f) 0
20 0
21 0
22(1)(a)(i) 0
22(1)(a)(ii) 0
22(1)(a)(iii) 0
22(1)(b) 2
22(1)(c) 0
22(2) 0
22.1 0
22.2 0
22.3 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 32
27 3
28 0
2.3 Exclusions

No exclusion provisions were applied to requests that were closed in 2014 – 2015.

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 44 requests (86.3%), and paper format for 7 requests (13.7%).

Table 2.4 Format of information released
Disposition Paper Electronic Other formats
Total 7 44 0
All disclosed 4 10 0
Disclosed in part 3 34 0
2.5 Complexity

The following sections detail several factors affecting the complexity of requests that were completed throughout 2014 – 2015.

2.5.1 Relevant pages processed and disclosed

During the reporting period, the ATIP Directorate received 74 requests, resulting in the review of 14,404 pages of records under the control of the Department (Table 2.5.1). Nearly one half (5,422 pages, or 37.6%) of the total records processed during the reporting period were disclosed partially or in their entirety.

Table 2.5.1 Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
Total 14,404 5,422 74
All disclosed 1,274 465 14
Disclosed in part 13,095 4,957 37
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 35 0 23
Neither confirmed or denied 0 0 0
2.5.2 Relevant pages processed and disclosed by size of requests

Over three-quarters of completed requests (54 or 73.0%) required 100 pages of processing or less (Table 2.5.2). The 16 requests that required treatment of between 101 – 500 pages of records resulted in the disclosure of 2,129 (39.3%) of all pages of information released in 2014 – 2015.

AANDC treated three moderately large (1001 – 5000 pages) requests and partially disclosed information in completing three of them. These three requests accounted for 2,120 (39.1%) 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 – 1000 pages processed 1001 – 5000pages processed More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
Total 54 601 16 2,129 1 572 3 2,120 0 0
All disclosed 13 311 1 154 0 0 0 0 0 0
Disclosed in part 18 290 15 1,975 1 572 3 2,120 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 23 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied
2.5.3 Other complexities

In two 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
Total 2 0 0 0 2
All disclosed 0 0 0 0 0
Disclosed in part 2 0 0 0 2
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
2.6 Deemed refusals

During the reporting 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 Privacy Act. 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 2014 – 2015, AANDC made 42 disclosures within this context.

Part 4. Requests for correction of personal information and notations

During the reporting period, there were no requests for correction of personal information and notations.

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).

In 2014 – 2015, only three extensions were taken under section 15(a) of the Privacy Act. All three extensions taken under section 15(a)(i) (interference with operation) were under 30 days in length.

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
Total 3 0 2 0
All disclosed 1 0 0 0
Disclosed in part 2 0 2 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
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 or conversion
Section 70 Other
Total 3 0 2 0
1 to 15 days 0 0 0 0
16 to 30 days 3 0 2 0

Part 6. Consultations received from other Institutions and Organizations

AANDC received no consultations during 2014 – 2015.

Part 7. Completion time of consultations on Cabinet confidences

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

Part 8. Complaints and Investigations Notices Received

During the 2014 – 2015 reporting period, there were fifteen complaints registered with the Office of the Privacy Commissioner (OPC) against AANDC (Table 8.1). Three of the complaints were discontinued, while the remaining two were either settled, or not well-founded.

Table 8.1 Complaints and Investigation
Section 31 Section 33 Section 35 Court action Total
15 0 0 0 15

Part 9. Privacy Impact Assessments (PIAs)

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 Privacy Policy Unit.

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.

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. Privacy Statements duly inform First Nations and the Canadian public of what is done with their personal information. In 2014 – 2015, the PPU responded to numerous Privacy Statements.

The PPU continues to work with all AANDC program areas in the 2015 – 2016 fiscal year to update 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 numerous 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 Privacy Act but keeping within the spirit of the legislation. In total, the ATIP Directorate treated 34 personal information-related requests through informal means in 2014 – 2015.

Part 10. Resources related to the Privacy Act

10.1 Costs
Table 10.1 Costs for the administration of the Privacy Act
Expenditures Amount
Total $374,451
Salaries $348,097
Overtime $0
Goods and Services $26,354
 • Professional services contracts  $7,347  
 • Other  $19,007  

In 2014 – 2015, AANDC spent $374,451 on the administration of the Privacy Act, an increase of $36,250 (or 10.7%) from the $338,201 expended in 2013 – 2014 (Table 10.1). An amount of $63,640 more was spent on salaries while $27,390 was cut from goods and services.

Figure 10.1 Budget figures for the administration of the Privacy Act over the previous three years.

Figure 10.1
View text version of this document

In 2012 – 2013:
$657,811 was expended on salary;
$54,453 was expended on operations and management (O&M);
$712,264 in total was expended to administer the Privacy Act at Aboriginal Affairs and Northern Development Canada

In 2013 – 2014:
$284,457 was expended on salary;
$53,744 was expended on operations and management (O&M);
$338,201 in total was expended to administer the Privacy Act at Aboriginal Affairs and Northern Development Canada

In 2014 – 2015:
$ 348,097 was expended on salary;
$ 26,354 was expended on operations and management (O&M);
$ 374,451 in total was expended to administer the Privacy Act at Aboriginal Affairs and Northern Development Canada


10.2 Human Resources

The Operations Unit within the ATIP Directorate consisted of 7.00 full-time equivalents (FTEs) (Table 10.2). All 7.00 FTEs representing the PPU were dedicated solely to privacy policy activities.

Table 10.2 Human resources dedicated to the administration of the Privacy Act
Resources Person Years Dedicated to Access to Information Activities
Total 7.00
Full-time employees 5.00
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 2.00

HIGHLIGHTS

V. 2014 – 2015 Points of Interest

Under the leadership and support of the Corporate Secretary and ATIP director, the ATIP Directorate focused its business in 2014 – 2015 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.

ATIP Liaison Officer Manual

An ATIP Liaison Officer Manual was created to answer and support all questions of the work at AANDC ATIP Liaison Officer's (ALOs) across the country.ATIP Liaison Officer's act as the main point of contact between the ATIP Directorate and sectors. ATIP Liaison Officer's ensure that requests are clear, and that the appropriate records, impact statements, and approvals are communicated to the ATIP Directorate. This manual is intended to be used as a general reference tool to build the knowledge about ATIP, provide guidance and advice to our OPIs and senior management; and overall, to ensure a consistent approach to treating access to information requests.

Posting of Completed ATI Request Summaries on Open.Canada.ca

In 2014 – 2015, AANDC started to post all of their completed Access to Information Summaries on Open.Canada.ca. A direct link has been installed by AANDC to Open.Canada.ca, the new Open Government centralized system for posting of all completed ATI request summaries. This system supports a standardized search function, and a common look and feel for users.

Ongoing ATIP Online Request Pilot Project

The Access to Information and Privacy Online Request Pilot Project is still ongoing. Of the 720 requests received during the reporting period, 259 (36%) were received through the online process.

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 Privacy Act 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 Privacy Act allows officials to make informed decisions on policies and activities.

With respect to departmental training, AANDC continued its successful training campaign of 2014 – 2015. 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 3 formal training sessions on the Privacy Act, as well as numerous informal ad hoc sessions as requested by ATIP 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.

AANDC also offers training for all new ATIP Directorate employees. Training includes familiarizing analysts with the ATIA and Privacy Act, as well as technical training in all ATIP-related software, including Access Pro Case Management and PrivaSoft Access Pro Redaction.

Info Source

Once again, significant effort was made during the 2014 – 2015 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 submitted 12 PIB updates to Treasury Board. The Department's 2014 Annual Info Source chapter was submitted to Treasury Board Secretariat June 2014 in accordance with requirements as outlined in the TBS directive, Info Source Decentralized Publishing Requirements.

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

Organization Changes

In 2014 – 2015, the Directorate had a few modifications to the organization structure. An acting Director (EX-1) 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 launched four competitive staffing processes (PM-01, PM-03, PM-04, and PM-06). 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-04 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 2014 – 2015.

Appendix A

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

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

Disclose personal information without the consent of the individual to whom it relates
8(2)
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(4)
Notify the Privacy Commissioner in writing of disclosure under paragraph 8(2)(m)
8(5)
Retain a record of use of personal information
9(1)
Notify the Privacy Commissioner of consistent use of personal information and update index accordingly
9(4)
Include personal information in personal information banks
10
Publish annually an index of all personal information banks and their respective contents
11(a)
Publish annually an index of all personal information held by the institution which is not part of a bank
11(b)
Respond to request for access, within statutory deadline; give access or give notice
14
Extend time limit and notify applicant
15
Where access is refused
16
Language of access or alternative format of access
17(2)(b)
Access to personal information in alternative format
17(3)(b)
May refuse to disclose information contained in an exempt bank
18(2)
Shall refuse to disclose information obtained in confidence from another government
19(1)
May disclose any information referred to in 19(1) if the other government consents to the disclosure or makes the information public
19(2)
May refuse to disclose information injurious to federal-provincial affairs
20
May refuse to disclose information injurious to international affairs and/or defence
21
May refuse to disclose information injurious to law enforcement and investigation
22
May refuse to disclose information injurious to security clearances
23
May refuse to disclose information collected by the Canadian Penitentiary Service, the National Parole Service or the National Parole Board
24
May refuse to disclose information injurious to which could threaten the safety of individuals
25
May refuse to disclose information about other individuals, and shall refuse to disclose such information where disclosure is prohibited under section 8
26
May refuse to disclose information subject to solicitor-client privilege
27
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
28
Receive notice of investigation by the Privacy Commissioner
31
Make representations to the Privacy Commissioner during an investigation
33(2)
Receive the Privacy Commissioner's report of findings of the investigation and give notice of action taken
35(1)
Give complainant access to information after 35(1)(b) notice
35(4)
Receive Privacy Commissioner's report of findings of investigation of exempt
36(3)
Receive report of Privacy Commissioner's findings after compliance investigation where the institution has not complied with sections 4 to 8
37(3)
Request that matter be heard and determined in National Capital Region
51(2)(b)
Request and be given right to make representations in Section 51 hearing
51(3)
Prepare Annual Report to Parliament
72(1)
Carry out responsibilities conferred on the Head of the institution by the regulations made under section 77 which are not included above
77

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

Include personal information in personal information banks
10
Publish annually an index of all personal information banks and their respective contents
11(a)
Publish annually an index of all personal information held by the institution which is not part of a bank
11(b)
Extend time limit and notify applicant
15
Receive notice of investigation by the Privacy Commissioner
31

Appendix B

Statistical Report on the Privacy Act

Name of institution: Aboriginal and Northern Development Canada

Reporting period: 2014-04-01 to 2015-03-31

Part 1: Requests Under the Privacy Act

Table 1.1 Number of Requests
Number of Requests
Received during reporting period 99
Outstanding from previous reporting period 6
Total 105
Closed during reporting period 92
Carried over to next reporting period 13

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 8 4 2 0 0 0 0 14
Disclosed in part 6 25 5 1 0 0 0 37
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 8 10 0 0 0 0 0 18
Request abandoned 21 2 0 0 0 0 0 23
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 43 41 7 1 0 0 0 92
2.2 Exemptions
Section Number of requests
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 0
19(1)(d) 0
19(1)(e) 0
19(1)(f) 0
20 0
21 0
22(1)(a)(i) 0
22(1)(a)(ii) 0
22(1)(a)(iii) 0
22(1)(b) 2
22(1)(c) 0
22(2) 0
22.1 0
22.2 0
22.3 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 32
27 3
28 0
2.3 Exclusions
Section Number of requests
69(1)(a) 0
69(1)(b) 0
69.1 0
70(1) 0
70(1)(a) 0
70(1)(b) 0
70(1)(c) 0
70(1)(d) 0
70(1)(e) 0
70(1)(f) 0
70.1 0
2.4 Format of information released
Disposition Paper Electronic Other formats
Total 7 44 0
All disclosed 4 10 0
Disclosed in part 3 34 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
Total 14,404 5,422 74
All disclosed 1,274 465 14
Disclosed in part 13,095 4,957 37
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 35 0 23
Neither confirmed or denied 0 0 0
2.5.2 Relevant pages processed and disclosed by size of request
Disposition Less than 100 pages processed 101 – 500 pages processed 501 – 1000 pages processed 1001 – 5000pages processed More than 5000 pages processed
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
Total 54 601 16 2,129 1 572 3 2,120 0 0
All disclosed 13 311 1 154 0 0 0 0 0 0
Disclosed in part 18 290 15 1,975 1 572 3 2,120 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 23 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
2.5.3 Other complexities
Disposition Consultation required Legal Advice Sought Interwoven Information Other Total
Total 2 0 0 0 2
All disclosed 0 0 0 0 0
Disclosed in part 2 0 0 0 2
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadlines
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
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 Where An Extension Was Taken Total
Total 0 0 0
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
2.7 Requests for translation
Translation Requests Accepted Refused Total
Total 0 0 0
English to French 0 0 0
French to English 0 0 0

Part 3: Disclosures Under Subsections 8(2) and 8(5)

Part 3: Disclosures Under Subsections 8(2) and 8(5)
Paragraph 8(2)(e) Paragraph 8(2)(m) Subsection 8(5) Total
42 1 1 44

Part 4: Requests for Correction of Personal Information and Notations

Part 4: Requests for Correction of Personal Information and Notations
Disposition for Correction Requests Received Number
Total 0
Notations attached 0
Requests for correction accepted 0

Part 5. Extensions

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
Total 3 0 2 0
All disclosed 1 0 0 0
Disclosed in part 2 0 2 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
Table 5.2 Length of extensions
Length of extension 15(a)(i) Interference with Operations 15(a)(ii) Consultation 15(b) Translation or conversion
Section 70 Other
Total 3 0 2 0
1 to 15 days 0 0 0 0
16 to 30 days 3 0 2 0

Part 6. Consultations received from other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and other organizations
Consultations Other government institutions Number of Pages to review Other organizations Number of Pages to review
Received during 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
Recommendations 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
Total 0 0 0 0 0 0 0 0
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
6.3 Recommendations and completion time for consultations received from other organizations
Recommendations 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
Total 0 0 0 0 0 0 0 0
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0

Part 7. Completion time of consultations on Cabinet confidences

7.1 Requests with Legal Services
Number of Days Fewer than 100 Pages Processed 101 – 500 Pages Processed 501 – 1000 Pages Processed 1001 – 5000 Pages Processed More than 5000 Pages Processed
Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed
Total 0 0 0 0 0 0 0 0 0 0
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
7.2 Requests with Privy Council Office
Number of Days Less than 100 pages processed 101 – 500 pages processed 501 – 1000 pages processed 1001 – 5000 pages processed More than 5000 pages processed
Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed Number of Requests Pages disclosed
Total 0 0 0 0 0 0 0 0 0 0
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0

Part 8. Complaints and Investigations Notices Received

Table 8.1 Complaints and Investigation
Section 31 Section 33 Section 35 Court action Total
15 0 0 0 15

Part 9. Privacy Impact Assessments (PIAs)

Number of PIA(s) completed: 5

Part 10. Resources related to the Privacy Act

10.1 Costs
Expenditures Amount
Total $374,451
Salaries $348,097
Overtime $0
Goods and Services $26,354
 • Professional services contracts  $7,347  
 • Other  $19,007  
10.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Total 7.00
Full-time employees 5.00
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 2.00
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