ARCHIVED - Annual Report to Parliament 2015 – 2016: Privacy Act

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Table of contents

INTRODUCTION

I. Introduction

The purpose of the Privacy Act (Act) 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 Indigenous and Northern Affairs Canada (INAC) that support compliance with privacy legislation. The report details the activities and accomplishments of INAC's Access to Information and Privacy (ATIP) Directorate, including highlights such as:

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

Indigenous and Northern Affairs Canada’s Mandate

INAC's mission is working together to make Canada a better place for Indigenous and northern people and communities.

INAC's mandate is to support Indigenous 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.

INAC 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. INAC'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 Indigenous Peoples and the North.

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

II. Organization

ATIP Directorate at INAC

The Access to Information and Privacy (ATIP) is responsible for the administration of requests made under the Access to Information Act and Privacy Act. 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 INAC Senior Management Committee (SMC). The Directorate also coordinates and implements policies, guidelines and procedures to ensure departmental compliance with the Access to Information Act and 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.

ATIP Analysts process requests of varying volume and complexity based on their classification level. They also 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 INAC's programs and that informed policy decisions are made concerning the collection, sharing and/or use of personal information.

They provide advice and guidance to the Department on a number of topics:

  1. The application of the Access to Information and Privacy Act
  2. The release of sensitive or postdated information to the public
  3. Departmental Privacy Impact Assessments (PIAs)
  4. Permissible disclosures of personal information pursuant to subsection 8(2) of the PA
  5. Using appropriate Act Statements on Data Collection Instruments (DCIs), i.e. forms, surveys, etc.
  6. Updates to Info Source and the preparation and registration of Personal Information Banks (PIBs) and their related Classes of Records (CORs)
  7. Protocols surrounding privacy breaches
  8. Education and awareness of access to information and privacy issues throughout the Department
  9. The preparation of Memoranda of Understanding (MOUs).
Operation Unit Organizational Structure
Text description of the Operation Unit Organizational Structure

This flow chart describes the structure of the Operations 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 are the following Teams:

The Intake Team:
The Intake Team is comprised of one Intake Officer (PM-01) and one Clerk (CR-04), who enter all applications into the electronic case management system, acknowledge receipt of requests, perform imaging services, interact with and respond to inquiries from the public, and are responsible for other administrative tasks.

Ops Teams:
The Operations Team is led by two Team Leaders (PM-05), who are responsible for the oversight of request processing by their team, including the review of completed requests. The Ops Team consists of Analysts (a varying mix of PM-04, PM-03 and one PM-02 level), who process Access and Privacy requests of varying volume and complexity, respond to Privacy matters (such as breaches), provide training and  provide Access and Privacy advice.

Within each of the sectors and regional offices of INAC are ATIP Liaison Officers (ALOs) who receive callouts from the ATIP Directorate and subsequently task the request to appropriate areas within their sector. ALOs plays 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.

The Intake Team triages and 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. The Operations Team ensures that a response is provided within the legislated timeframe (30 days). All requests are monitored using the 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 Privacy Act, the Minister's authority may be delegated to departmental officials in order to administer the Privacy Act within INAC.

During the reporting period, the delegation order signed by former Minister John Duncan on August 30, 2011, and by Minister Carolyn Bennett on March 14, 2016, were 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

INAC's Statistical Report was submitted to the Treasury Board Secretariat (TBS) on May 2, 2016 (Appendix B). The Report details various aspects of the requests INAC received and processed during the period of April 1, 2015 to March 31, 2016.

Part 1. Requests under the Privacy Act

In 2015-2016, INAC received 106 requests under the Act in addition to 14 requests that were carried over from the previous year (Table 1.1). Of these 120 requests, the ATIP Directorate completed 113 requests and carried 7 requests over into the 2016-2017 reporting period.

Table 1.1 Number of Requests from 2015-2016
Number of Requests 2014 – 2015 2015 – 2016
Received 99 106
Outstanding from last year 6 14
Total 105 120
Closed this year 92 113
Carried over to next year 13 7

Part 2. Requests closed during the reporting period

2.1 Disposition and completion time

Of the 113 requests closed during the reporting period (Table 2.1), INAC was able to fully or partially disclose records in 67 cases; that is, 59.2% of the time a request was submitted to INAC, the result was a disclosure of relevant information. The majority of requests (104, or 92%) took 30 days or less to complete. In 2015-2016, only two requests took longer than 60 calendar days to be completed.

The most frequent outcome of the requests processed during the reporting period was ‘Disclosed in part', which was the result for 59 requests (52.2%), followed by ‘No records exist', which occurred in 11 requests (10%). 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 35 69 7 2 0 0 0 113
All disclosed 1 6 1 0 0 0 0 8
Disclosed in part 6 45 6 2 0 0 0 59
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 4 7 0 0 0 0 0 11
Request abandoned 12 11 0 0 0 0 0 23
Neither confirmed nor denied 12 0 0 0 0 0 0 12
2.2 Exemptions

As seen in previous years, section 26 (information about another identifiable individual) was the most commonly utilized exemption (60 times) invoked during the reporting period (Table 2.2). The only other exemptions applied in 2015-2016 were under section 27 (solicitor-client privilege), which was invoked once.

Table 2.2 Number of requests closed where exemption provisions were invoked
Section Number of requests
Total: 61
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) 0
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 60
27 1
28 0
2.3 Exclusions

No exclusion provisions were applied to requests that were closed in 2015-2016.

2.4 Format of information released

Over the course of this reporting period, requesters received more of their response packages via electronic format. INAC conveyed response packages in electronic format for 57 requests (85.1%), and paper format for 10 requests (14.9%).

Table 2.4 Format of information released
Disposition Paper Electronic Other formats
Total 10 57 0
All disclosed 1 7 0
Disclosed in part 9 50 0
2.5 Complexity

The following sections detail several factors affecting the complexity of requests that were completed throughout 2015-2016.

2.5.1 Relevant pages processed and disclosed

During the reporting period, the ATIP Directorate received 102 requests, resulting in the review of 19,713 pages of records under the control of the Department (Table 2.5.1). Nearly three quarters (18,797 pages, or 77%) 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 19,713 4,802 102
All disclosed 367 251 8
Disclosed in part 18,797 4,551 59
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 549 0 23
Neither confirmed or denied 0 0 12
2.5.2 Relevant pages processed and disclosed by size of requests

Over three-quarters of completed requests (84 or 82.3%) required 100 pages of processing or less (Table 2.5.2). The 15 requests that required treatment of between 101-500 pages of records resulted in the disclosure of 1,932 (40%) of all pages of information released in 2015-2016.

INAC treated two moderately large (1001-5000 pages) requests and partially disclosed information in completing two of them. These two requests accounted for 1,366 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 84 1,017 15 1,932 1 487 1 723 1 643
All disclosed 7 143 1 108 0 0 0 0 0 0
Disclosed in part 42 874 14 1,824 1 487 1 723 1 643
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 12 0 0 0 0 0 0 0 0 0
2.5.3 Other complexities

The ATIP Directorate did not require external consultations with other organizations.

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 0 0 0 0 0
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
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 reported period, INAC completed all requests within the 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)

INAC is permitted to disclose personal information under subsection 8(2) of the Act. The Treasury Board of Canada Secretariat requires INAC to report the number of instances where personal information was disclosed specifically pursuant to paragraph 8(2)(e) and 8(2)(m). In 2015-2016, INAC made 52 disclosures under paragraph 8(2)(e), and 2 under paragraph 8(2)(m).

Part 4. Requests for correction of personal information and notations

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

Part 5. Extensions

5.1 Reasons for extensions and disposition of requests

INAC applied fewer extensions during the reporting period compared to the previous year (Table 5.1).

In 2015-2016, four extensions were taken under section 15(a) of the Act. Three extensions were taken under section 15(a)(i) (interference with operation), and section 15(a)(ii) (consultation) 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 1 0
All disclosed 1 0 0 0
Disclosed in part 3 0 1 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 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 purposes
Section 70 Other
Total 3 0 1 0
1 to 15 days 0 0 0 0
16 to 30 days 3 0 1 0

Part 6. Consultations received from other Institutions and Organizations

INAC received one consultation from another Government of Canada institution during 2015-2016 which was completed in under 15 days.

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. Complaints and Investigations Notices Received

During the 2015-2016 reporting period, there were ten complaints registered with the Office of the Privacy Commissioner (OPC) against INAC (Table 8.1).

Table 8.1 Complaints and Investigation
Section 31 Section 33 Section 35 Court action Total
10 0 0 0 10

Part 9. Privacy Impact Assessments (PIAs)

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

A Privacy Impact Assessment (PIA) is a risk evaluation of the flow of personal information held within a 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.

One PIA was completed during the 2015-2016 reporting period. The PIA addressed the First Nations Child Family Services information bank. This sub-program provides funding to assist in ensuring the safety and well-being of First Nation children ordinarily resident on reserve. The program supports culturally appropriate prevention and protection services for First Nation children and families, in accordance with provincial or territorial legislation and standards.

The PIA was completed in order to strengthen the funding agreements to better clarify privacy protections.

Information Sharing Agreements (ISAs)

INAC 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 ATIP Directorate assists and reviews all INAC 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 inform individuals what is done with their personal information. In 2015-2016, the ATIP Directorate responded to numerous requests for Privacy Statements.

The ATIP Directorate continues to work with all INAC program areas in the 2015-2016 fiscal years to update Privacy Notice Statements for all hard copy and online Data Collection Instruments (DCIs), forms and/or consultation processes.

Privacy Policy Questions

The ATIP directorate 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 ATIP directorate responded to numerous questions from departmental clients for all INAC-related privacy matters. 

Privacy Breaches

The ATIP directorate provides support to INAC officials in addressing and containing potential privacy breaches. To this end, the ATIP directorate has created Privacy Breach Guidelines available to all employees to assist individuals respond to a potential breach.

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 $576,556
Salaries $534,195
Overtime $0
Goods and Services $42,361
  • Professional services contracts
$42,361
  • Other
$0

In 2015-2016, INAC spent $576,556 on the administration of the ATIA, which is an increase of $202,105 (or 35%) from the $374,451 expended in 2014-2015 (Table 10.1). In particular, an increase of $186, 098 was devoted to salary due to additional full-time employees.

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

In 2013-2014:
Dollars (Millions)
$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:
Dollars (Millions)
$ 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

In 2015-2016:
Dollars (Millions)
$ 534,195 was expended on salary;
$ 42,361 was expended on operations and management (O&M);
$ 576,556 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 6.00 full-time equivalents (FTEs) (Table 10.2). All 6.00 FTEs representing the ATIP Directorate 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 9.50
Full-time employees 6.00
Part-time and casual employees 0.50
Regional staff 0.00
Consultants and agency personnel 1.00
Students 2.00

HIGHLIGHTS

V. 2015 – 2016 Points of Interest

Under the leadership and support of the Corporate Secretary and ATIP Director, the ATIP Directorate focused its business in 2015-2016 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.

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

In 2015-2016, INAC continued to post all of its completed Access to Information Summaries on Open.Canada.ca (the Open Government centralized system for posting of all completed ATI request summaries). Users can view the Access to Information Summaries by going to the direct link installed by INAC to Open.Canada.ca. 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 ongoing. Of the 652 requests received during the reporting period, 428 (66%) were received through the online process. It is expected that the number of online requests will increase significantly over the coming year as applicants become more familiar with the online service.

Education and Training

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

INAC recognizes that a solid understanding of the Act allows analysts to better handle requests for records and respond with greater confidence and efficiency. Ongoing training of ATIP staff will positively impact how INAC meets its legislative obligations and implements TBS policies and procedures including the "Duty to Assist" requesters.

To this end, several training sessions were offered over the year to ATIP employees regarding jurisprudence and the application of specific sections of the Act. ATIP employees are also encouraged to attend ATIP community conferences hosted by TBS or the OIC. In addition, opportunities were given to several ATIP employees to provide training to departmental staff and to build relationships with the various program areas of INAC.

With respect to departmental training, INAC continued its successful training campaign of 2015-2016. In total, the ATIP Directorate held 21 formal training sessions on the ATIA to an average of 8 to 10 employees, as well as numerous informal ad hoc sessions as requested by INAC program areas.

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

Organization Changes

The Directorate continued its practice of hiring several Federal Student Work Experience Program (FSWEP) students, providing them with a meaningful work experience, which included a rotation through both the Intake and Operations Units and direct work experience with the Director's Office.

Procedural Changes

Beyond the continued transition to electronic record retrieval, and creation of the ATIP Liaison Shared Drive, no significant procedural changes were undertaken in 2015-2016.

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 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 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

Order of Delegation of the Privacy Act dated March 14, 2016.

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 00000001), Associate Deputy Minister (position number 00000006), Corporate Secretary (position number 00012294), 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 Schedule A.

The departmental Access to Information and Privacy Deputy Director (position number 20007504) and Team Leaders (position numbers 00012590 and 00012061) 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 Schedule B.

Original signed by
____________________________________
Carolyn Bennett
Minister of Indian Affairs and Northern Development
Dated at Gatineau, the 14th of March 2016

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: Indigenous and Northern Affairs Canada

Reporting period: 2015-04-01 to 2016-03-31

Part 1: Requests Under the Privacy Act

1.1 Number of Requests
Number of Requests
Received during reporting period 106
Outstanding from previous reporting period 14
Total 120
Closed during reporting period 113
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 1 6 1 0 0 0 0 8
Disclosed in part 6 45 6 2 0 0 0 59
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 4 7 0 0 0 0 0 11
Request abandoned 12 11 0 0 0 0 0 23
Neither confirmed nor denied 12 0 0 0 0 0 0 12
Total 35 69 7 2 0 0 0 113
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) 0
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 60
27 1
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 10 57 0
All disclosed 1 7 0
Disclosed in part 9 50 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 19,713 4,802 102
All disclosed 367 251 8
Disclosed in part 18,797 4,551 59
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 549 0 23
Neither confirmed or denied 0 0 12
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 84 1,017 15 1,932 1 487 1 723 1 643
All disclosed 7 143 1 108 0 0 0 0 0 0
Disclosed in part 42 874 14 1,824 1 487 1 723 1 643
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 12 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 0 0 0 0 0
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
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 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)

Paragraph 8(2)(e) Paragraph 8(2)(m) Subsection 8(5) Total
52 2 2 56

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 1 0
All disclosed 0 0 0 0
Disclosed in part 3 0 1 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 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 purposes
Section 70 Other
Total 3 0 1 0
1 to 15 days 0 0 0 0
16 to 30 days 3 0 1 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 of Canada institutions Number of Pages to review Other organizations Number of Pages to review
Received during reporting period 1 1 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 1 1 0 0
Closed during the reporting period 1 1 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 of Canada 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 1 0 0 0 0 0 0 1
All disclosed 1 0 0 0 0 0 0 1
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
10 0 0 0 10

Part 9. Privacy Impact Assessments (PIAs)

Number of PIA(s) completed: 1

Part 10. Resources related to the Privacy Act

10.1 Costs
Expenditures Amount
Total $576,556
Salaries $534,195
Overtime $0
Goods and Services $42,361
  • Professional services contracts
$42,361
  • Other
$0
10.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Total 9.50
Full-time employees 6.00
Part-time and casual employees 0.50
Regional staff 0.00
Consultants and agency personnel 1.00
Students 2.00

Note: Enter values to two decimal places.

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