2012-13 Annual Reports on the Access to Information Act and the Privacy Act

Table of Contents

• 1. Report on the Access to Information Act
  • Introduction
  • Overview of the Canadian Forces Grievance Board
  • Administration
  • Education and Training
  • Policies, Guidelines and Procedures
  • Information Holdings
  • Reading Room
  • Requests under the Access to Information Act
  • Other Requests
  • Disposition of Completed Requests
  • Exemptions Invoked
  • Exclusions Cited
  • Completion Time and Extensions
  • Complaints and Investigations
  • Fees
  • Costs
• 2. Report on the Privacy Act
  • Introduction
  • Overview of the Canadian Forces Grievance Board
  • Administration
  • Education and Training
  • Policies, Guidelines and Procedures
  • Information Holdings
  • Reading Room
  • Requests under the Access to Privacy Act
  • Other Requests
  • Disposition of Completed Requests
  • Completion Time and Extensions
  • Exemptions Invoked
  • Exclusions Cited
  • Complaints and Investigations
  • Disclosures Under Paragraphs 8(2)(m) of the Privacy Act
  • Privacy Impact Assessment
  • Costs
• Appendix A – Statistical Report on the Access to Information Act
• Appendix B – Statistical Report on the Privacy Act
• Appendix C – Delegation Orders for the Canadian Forces Grievance Board
  • Schedule A - Delegation of powers, functions and duties pursuant to section 73 of the Access to Information Act
  • Schedule B - Delegation of powers, duties and functions delegated pursuant to section 73 of the Privacy Act

1. Report on the Access to Information Act

Introduction

The Access to Information Act gives Canadian citizens, as well as people and corporations present in Canada, the right to access to federal government records that are not of a personal nature. The Act complements but does not replace other procedures for obtaining Government information. It is not intended to limit in any way the access to Government information that is normally available to the public upon request.

This report has been prepared in accordance with section 72 of the Access to Information Act.

Overview of the Canadian Forces Grievance Board

The Canadian Forces Grievance Board (CFGB) was established on March 1, 2000 as a result of legislation that contained comprehensive amendments to modernize the National Defence Act (NDA). These amendments are designed to help renew the Canadian Forces. One of the reforms was aimed at creating an independent review of grievances through the establishment of the Canadian Forces Grievance Board. The establishment of the Board is defined in section 29.16 of the NDA. Article 7.12 of the Queen's Regulations and Orders applicable to the Canadian Forces (QR and O) that govern the types of grievances referred to the CFGB came into effect on June 15, 2000. The Board is an independent administrative tribunal reporting to Parliament through the Minister of National Defence.

The Board reviews military grievances referred to it and provides findings and recommendations (F&Rs) to the Chief of the Defence Staff (CDS) and the officer or non-commissioned member who submitted the grievance. The Board also has the obligation to deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.

Administration

The Access to Information and Privacy (ATIP) Office is part of the Strategic Planning and Performance Measurement services. The section has 2 employees which dedicate on average .02% of their time to fulfill the Board’s obligations under both legislations.

The Access to Information and Privacy (ATIP) Coordinator, the Executive Director and the General Counsel have delegated authority to oversee the administration of the Access to Information Act and the Privacy Act within the Canadian Forces Grievance Board and to ensure compliance with the legislation. Copies of the approved Treasury Board of Canada Secretariat Delegation Orders are attached as Appendix C.

Education and Training

During the reporting period, awareness sessions for employees called ATIP Wink were given providing an overview of the Acts and a better understanding of their obligations as public servants.

The main subjects of these sessions related to access to information were as follow:

• ATIP Wink awareness session on June 5 2012 on Managing Email effectively.

Policies, Guidelines and Procedures

In order to ensure that key ATIP contacts are better informed about their roles and responsibilities vis-à-vis the coordination of ATIP requests at the Board, the ATIP Office has created a Guidelines and Procedures document and tools. These guidelines assist in the interpretation of the Access to Information Act and provide the comprehensive framework under which the Canadian Forces Grievance Board administers the legislation.

Information Holdings

A description of the classes of institutional records held by the Canadian Forces Grievance Board can be accessed through public and academic libraries and constituency offices of federal members of Parliament and can be found on the following Info Source Web site at http://www.infosource.gc.ca/. The Canadian Forces Grievance Board does not have any exempt banks.

Reading Room

In accordance with the Access to Information Act, members of the public may examine publications and other public documents governing the administration and operation of the Canadian Forces Grievance Board at:

Canadian Forces Grievance Board
60 Queen Street, 9^th Floor
Ottawa, Ontario K1P 5Y7

Requests under the Access to Information Act

During the reporting period of April 1, 2012, to March 31, 2013, the Canadian Forces Grievance Board received a total of 21 new requests under the Access to Information Act. No requests were carried forward from 2011-12.

Of the 21 new requests, 8 were transferred to other federal institutions; 6 were treated informally. A total of 6 requests were for the Board’s records of which 2 were disclosed in part and 4 were fully disclosed, and 1 request is carried over to the next reporting period.

Annex A contains the full statistical report on requests received under the Access to Information Act.

Other Requests

During this same period, the Canadian Forces Grievance Board received 3 Access to Information Act consultation request from another department involving the Board’s records.

The ATIP office moreover acted as a resource offering advice and guidance on the provision of the legislation and was consulted on the disclosure of, and on the collection of data on, a wide range of matters, including surveys and forms, information management issues and security of information.

Disposition of Completed Requests

In 2012-13, 20 requests were completed. The dispositions of the completed requests were as follows:

• 4 were fully disclosed;
• 2 were partially disclosed;
• 8 were transferred to another institution;
• 6 were treated informally.

Exemptions Invoked

Six requests where exemption under section 19(1) were invoked for records containing personal information.

Exclusions Cited

There were no cases where exclusions were cited.

Completion Time and Extensions

All requests were completed within 30 days or less.

Complaints and Investigations

During the period covered by this report, no complaints were lodged or investigations undertaken.

Fees

During the reporting period, the total fees collected amounted to $15.00 for application fees. The fees were waived on 8 transferred requests.

Costs

During 2012-13, an estimated $1,473 in salary costs and $3,536 in administrative costs were incurred to administer the Access to Information Act.

2. Report on the Privacy Act

Introduction

The Privacy Act gives Canadians the right to access personal information held by the government and protection of that information against unauthorized use and disclosure.

Ministers and heads of agencies are responsible for ensuring that their organizations comply with privacy legislation.

This report has been prepared in accordance with section 72 of the Privacy Act.

Overview of the Canadian Forces Grievance Board

The Canadian Forces Grievance Board (CFGB) was established on March 1, 2000 as a result of legislation that contained comprehensive amendments to modernize the National Defence Act (NDA). These amendments are designed to help renew the Canadian Forces. One of the reforms was aimed at creating an independent review of grievances through the establishment of the Canadian Forces Grievance Board. The establishment of the Board is defined in section 29.16 of the NDA. Article 7.12 of the Queen's Regulations and Orders applicable to the Canadian Forces (QR and O) that govern the types of grievances referred to the CFGB came into effect on June 15, 2000. The Board is an independent administrative tribunal reporting to Parliament through the Minister of National Defence.

The Board reviews military grievances referred to it and provides findings and recommendations (F&Rs) to the Chief of the Defence Staff (CDS) and the officer or non-commissioned member who submitted the grievance. The Board also has the obligation to deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.

Administration

The Access to Information and Privacy (ATIP) Coordinator, the Executive Director and the General Counsel have delegated authority to oversee the administration of the Access to Information Act and the Privacy Act within the Canadian Forces Grievance Board and to ensure compliance with the legislation. Copies of the approved Treasury Board of Canada Secretariat Delegation Orders are attached as Appendix C.

Education and Training

During the reporting period, awareness sessions for employees were given providing an overview of the Acts and a better understanding of their obligations as public servants.

The main subjects of these sessions on personal information were as follow:

• Data Privacy Day Jan 28, 2013. Email with posters to mark Data Privacy Day sent through ATIP Wink to all staff.
• ATIP Wink awareness session - Best practice on July 6, 2012 on Protecting sensitive information.
• ATIP Wink awareness session - Best practice on April 25, 2012 on Protecting sensitive information - safeguarding during use.

Policies, Guidelines and Procedures

In order to ensure that key ATIP contacts are better informed about their roles and responsibilities vis-à-vis the coordination of ATIP requests at the Board, the ATIP Office has created a Guidelines and Procedures document and tools. These guidelines assist in the interpretation of the Privacy Act and provide the comprehensive framework under which the Canadian Forces Grievance Board administers the legislation.

Information Holdings

A description of the classes of institutional records held by the Canadian Forces Grievance Board can be accessed through public and academic libraries and constituency offices of federal members of Parliament and can be found on the following Info Source Web site at http://www.infosource.gc.ca/. The Canadian Forces Grievance Board does not have any exempt banks.

Reading Room

In accordance with the Access to Information Act, members of the public may examine publications and other public documents governing the administration and operation of the Canadian Forces Grievance Board at:

Canadian Forces Grievance Board
60 Queen Street, 9^th Floor
Ottawa, Ontario K1P 5Y7

Requests under the Access to Privacy Act

The CFGB received 9 requests under the Privacy Act between 1 April 2012 and 31 March 2013. One request was carried forward to the next reporting period.

Appendix B contains the statistical report.

Other Requests

During this same period, the Canadian Forces Grievance Board received 2 Access to Privacy Act consultation requests from other departments involving the Board’s records.

Disposition of Completed Requests

In 2012-13, 8 requests were completed. The dispositions of the completed requests were as follows:

• 4 were fully disclosed;
• 4 requests where no records exist.

Completion Time and Extensions

Of the requests disclosed: the 4 were completed within 15 days.

Exemptions Invoked

No exemptions were invoked.

Exclusions Cited

N/A

Complaints and Investigations

Over the period covered by this report, no complaint against the CFGB were submitted to the Privacy Commissioner under the Privacy Act.

Disclosures Under Paragraphs 8(2)(m) of the Privacy Act

Paragraph 8(2)(m) allows the disclosure of personal information when the public interest clearly outweighs any invasion of privacy that could result from the disclosure or when the disclosure would benefit the individual to whom the information relates. There were no disclosures pursuant to paragraph 8(2)(m) for the 2012-13 period.

Privacy Impact Assessment

No Privacy Impact Assessment was conducted during the 2012-13 period.

Costs

During 2012-13, an estimated $365 in salary costs was incurred to administer the Access to Privacy Act.

Appendix A – Statistical Report on the Access to Information Act

Name of institution: Canadian Forces Grievance Board

Reporting period: 4/01/12 to 3/31/13

Part 1 – Requests under the Access to Information Act

Part 2 - Requests closed during the reporting period

2.5 Complexity

2.6 Deemed refusals

Part 3 - Extensions

Part 4 - Fees

Part 5 - Consultations received from other institutions and organizations

Part 6 - Completion time of consultations on Cabinet confidences

Part 7 - Resources related to the Access to Information Act

Appendix B – Statistical Report on the Privacy Act

Name of institution: Canadian Forces Grievance Board

Reporting period: 4/01/12 to 3/31/13

Part 1 – Requests under the Privacy Act

Part 2 – Requests closed during the reporting period

2.5 Complexity

2.6 Deemed refusals

Part 3 – Disclosures under subsection 8(2)

Part 4 – Requests for correction of personal information and notations

Part 5 – Extensions

Part 6 – Consultations received from other institutions and organizations

Part 7 – Completion time of consultations on Cabinet confidences

Part 8 – Resources related to the Privacy Act

Appendix C – Delegation Orders for the Canadian Forces Grievance Board

Delegation Order

Access to Information Act

I, the undersigned, Chairperson of the Canadian Forces Grievance Board, pursuant to Section 73 of the Access to Information Act, hereby authorize the Executive Director, the General Counsel and the Access to Information and Privacy Coordinator, to exercise signing authorities or perform any of the Chairperson’s powers, duties or function specified in the attached Schedule A.

Bruno Hamel
Chairperson
Canadian Forces Grievance Board

Date : Signed on 25 May 2009

Delegation Order

The Privacy Act

I, the undersigned, Chairperson of the Canadian Forces Grievance Board, pursuant to Section 73 of the Privacy Act, hereby authorize the Executive Director, the General Counsel and the Access to Information and Privacy Coordinator, to exercise signing authorities or perform any of the Chairperson’s powers, duties or function specified in the attached Schedule B.

Bruno Hamel
Chairperson
Canadian Forces Grievance Board

Date : signed on 25 May 2009