2016-2017 Annual Reports on the Access to Information Act and the Privacy Act
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Table of Contents
- Report on the Access to Information Act
- 1. Introduction
- 2. Organizational Structure
- 3. Delegation Order for the Access to Information Act
- 4. Statistical Report on the Access to Information Act
- 5. Training
- 6. Policies, Guidelines, Procedures, and Initiatives
- 7. Summary of Key Issues and Actions Taken on Complaints or Audits
- 8. Monitoring Compliance
- Report on the Privacy Act
- 1. Introduction
- 2. Organizational Structure
- 3. Delegation Order for the Privacy Act
- 4. Statistical Report on the Privacy Act
- 5. Training
- 6. Policies, Guidelines, Procedures, and Initiatives
- 7. Summary of Key Issues and Actions Taken on Complaints or Audits
- 8. Monitoring Compliance
- 9. Material Privacy Breaches
- 10. Privacy Impact Assessments
- 11. Public Interest Disclosures
Report on the Access to Information Act
1. 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 and tabled in Parliament in accordance with section 72 of the Access to Information Act.
The raison d’être of the Military Grievances External Review Committee (the Committee) is to provide an independent and external review of military grievances. Section 29 of the National Defence Act (NDA) provides a statutory right for an officer or a non-commissioned member who has been aggrieved, to grieve a decision, an act or an omission in the administration of the affairs of the Canadian Armed Forces. The importance of this broad right cannot be overstated since it is, with certain narrow exceptions, the only formal complaint process available to Canadian Armed Forces members.
The Committee 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 Committee also has the obligation to deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.
2. Organizational Structure
The Access to Information and Privacy (ATIP) Office is part of the Strategic Planning, Security, and Information Management Services Division. The division has two employees who dedicate on average .02% of their time to fulfill the Committee’s obligations under both the Access to Information Act and the Privacy Act.
The ATIP Coordinator, the Executive Director, Corporate Services, and the Director, Operations and General Counsel have delegated authority to oversee the administration of the Access to Information Act and the Privacy Act within the Committee and to ensure compliance with the legislation.
A description of the classes of institutional records held by the Committee can be accessed through public and academic libraries and constituency offices of federal members of Parliament and can also be found online at https://www.canada.ca/en/military-grievances-external-review/corporate/transparency/info-source-sources-federal-government-employee-information.html. The Committee does not have any exempt banks.
In accordance with the Access to Information Act, members of the public may examine publications and other public documents governing the Committee’s administration and operations at:
Military Grievances External Review Committee
60 Queen Street, 9th Floor
Ottawa, Ontario K1P 5Y7
3. Delegation Order for the Access to Information Act
The Canadian Forces Grievance Board was renamed to the Military Grievances External Review Committee by the Act to amend the National Defence Act and to make consequential amendments to other Acts, S.C. 2013, c., 24, s.11(1). A new delegation order was signed by the Chairperson to reflect the name change.
Delegation Order
Access to Information Act
I, the undersigned, Chairperson of the Military Grievances External Review Committee, 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.
Caroline Maynard
Interim Chairperson and Chief Executive Officer
Military Grievances External Review Committee
Date: 4-01-17
Section | Description | Executive Director | General Counsel |
ATIP Coordinator |
---|---|---|---|---|
7 | Respond to request for access within 30 days; give access or give notice | X | X | |
8 | Transfer a request to the government institution with greater interest; give written notice of the transfer to applicant | X | X | |
9 | Extend time limits for responding to request and give notice to Information Commissioner of extension over 30 days | X | X | |
10 | Issue notice where access is refused | X | X | X |
11 | Administer the collection of fees | X | X | |
12(2) | Decide whether to translate requested record(s) | X | X | |
12(3) | Convert record(s) in an alternative format, when necessary and reasonable | X | X | |
13(1) | Shall refuse to disclose any record obtained in confidence from another government | X | X | |
13(2) | May disclose any record referred to in 13(1) if the other government consents to the disclosure or makes the information public | X | X | |
14 | May refuse to disclose any record if reasonably injurious to the conduct of Federal-Provincial affairs | X | X | |
15 | May refuse to disclose any record if reasonably injurious to international affairs and defence or the detection, prevention, or suppression of subversive or hostile activities | X | X | |
16 | May refuse to disclose any record pertaining to law enforcement and investigations, to information that could reasonably be expected to facilitate the commission of an offence, to confidential information on policing services for provinces and municipalities | X | X | |
17 | May refuse to disclose any record that could reasonably threaten the safety of individuals | X | X | |
18 | May refuse to disclose any record that could reasonably be expected to be materially injurious to the economic interest of Canada | X | X | |
19 | Shall refuse to disclose any record that contains personal information as defined in section 3 of the Privacy Act | X | X | X |
20 | Shall refuse to disclose any record that contains third party information | X | X | X |
21 | May refuse to disclose any record that contains information related to the operations of government | X | X | |
22 | May refuse to disclose any record that contains information relating to testing or auditing procedures | X | X | |
23 | May refuse to disclose any record that contains information subject to solicitor-client privilege | X | X | X |
24 | Shall refuse to disclose any record that is subject to statutory prohibitions as set out in Schedule II | X | X | |
25 | Shall sever any information that could risk being disclosed | X | X | X |
26 | May refuse to disclose any record on reasonable grounds that such material is to be published within a 90 day period or longer | X | X | |
27(1) and (4) | Shall give notice to a third party of the intent to disclose any records that may contain third party information and may extend the time limit for third party notification | X | X | X |
28(1)(b) | Shall within 30 days after notice is given to third party as per Section 27(1), give notice of the decision to disclose any record pertaining to the third party | X | X | X |
28(2) | Waive the requirements for a written representation by a third party | X | X | X |
28(4) | Disclose a record pertaining to third party following 20 days from the notice having been issued to a third party of the decision to disclose, unless the third party requests a review of the decision as per section 44 | X | X | X |
29(1) | Give written notice to the applicant and to any involved third party of the Board’s decision to disclose information on the recommendation of the Information Commissioner | X | X | |
33 | Shall advise the Information Commissioner of any third party notified under section 27(1) when given notice of an investigation or that would have been notified had disclosure been intended | X | X | |
35(2) | Right to make representation to the Information Commissioner in the course of an investigation | X | X | |
37(1)(b) | Receive Information Commissioner’s report of findings and recommendations and give notice of action taken or reasons why no action was taken | X | X | |
37(4) | Give complainant access to a record after 37(1)(b) where a notice is required | X | X | |
43(1) | Give notice to a third party of an application for a Court review under section 41 or 42 | X | X | X |
44(2) | Give notice to an applicant of the third party’s application for a Court review under section 44 | X | X | X |
52(2) | Request that sections 41 or 42 hearings held in camera be heard and determined in the National Capital Region | X | X | X |
52(3) | Request and be given right to make representation ex parte in Section 52 | X | X | X |
68,69 | Deny any record that is excluded in the Act | X | X | X |
71(2) | Exclude any exempt information contained in manuals before the manuals are inspected by the public | X | X | X |
72(1) | Prepare Annual Report to Parliament | X | ||
77 | Responsibilities conferred on the head of the institution by the regulations made under Section 77 | X | X | X |
4. Statistical Report on the Access to Information Act
Name of institution: Military Grievances External Review Committee
Reporting period: 2016-04-01 to 2017-03-31
Part 1: Requests Under the Access to Information Act
Number of Requests | |
---|---|
Received during reporting period | 0 |
Outstanding from previous reporting period | 0 |
Total | 0 |
Closed during reporting period | 0 |
Carried over to next reporting period | 0 |
Source | Number of Requests |
---|---|
Media | 0 |
Academia | 0 |
Business (private sector) | 0 |
Organization | 0 |
Public | 0 |
Decline to Identify | 0 |
Total | 0 |
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 |
5 | 0 | 0 | 0 | 0 | 0 | 0 | 5 |
Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.
Part 2: Requests Closed During the Reporting Period
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 | 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 |
No records exist | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Request transferred | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Request abandoned | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Section | Number of Requests |
---|---|
13(1)(a) | 0 |
13(1)(b) | 0 |
13(1)(c) | 0 |
13(1)(d) | 0 |
13(1)(e) | 0 |
14(a) | 0 |
14(b) | 0 |
15(1) - I.A.Table note 1 | 0 |
15(1) - Def.Table note 2 | 0 |
15(1) - S.A.Table note 3 | 0 |
16(1)(a)(i) | 0 |
16(1)(a)(ii) | 0 |
16(1)(a)(iii) | 0 |
16(1)(b) | 0 |
16(1)(c) | 0 |
16(1)(d) | 0 |
16(2)(a) | 0 |
16(2)(b) | 0 |
16(2)(c) | 0 |
16(3) | 0 |
16.1(1)(a) | 0 |
16.1(1)(b) | 0 |
16.1(1)(c) | 0 |
16.1(1)(d) | 0 |
16.2(1) | 0 |
16.3 | 0 |
16.4(1)(a) | 0 |
16.4(1)(b) | 0 |
16.5 | 0 |
17 | 0 |
18(a) | 0 |
18(b) | 0 |
18(c) | 0 |
18(d) | 0 |
18.1(1)(a) | 0 |
18.1(1)(b) | 0 |
18.1(1)(c) | 0 |
18.1(1)(d) | 0 |
19(1) | 0 |
20(1)(a) | 0 |
20(1)(b) | 0 |
20(1)(b.1) | 0 |
20(1)(c) | 0 |
20(1)(d) | 0 |
20.1 | 0 |
20.2 | 0 |
20.4 | 0 |
21(1)(a) | 0 |
21(1)(b) | 0 |
21(1)(c) | 0 |
21(1)(d) | 0 |
22 | 0 |
22.1(1) | 0 |
23 | 0 |
24(1) | 0 |
26 | 0 |
Table notes
Section | Number of Requests |
---|---|
68(a) | 0 |
68(b) | 0 |
68(c) | 0 |
68.1 | 0 |
68.2(a) | 0 |
68.2(b) | 0 |
69(1)(a) | 0 |
69(1)(b) | 0 |
69(1)(c) | 0 |
69(1)(d) | 0 |
69(1)(e) | 0 |
69(1)(f) | 0 |
69(1)(g) re (a) | 0 |
69(1)(g) re (b) | 0 |
69(1)(g) re (c) | 0 |
69(1)(g) re (d) | 0 |
69(1)(g) re (e) | 0 |
69(1)(g) re (f) | 0 |
69.1(1) | 0 |
Disposition | Paper | Electronic | Other Formats |
---|---|---|---|
All disclosed | 0 | 0 | 0 |
Disclosed in part | 0 | 0 | 0 |
Total | 0 | 0 | 0 |
2.5 Complexity
Disposition of Requests | Number of Pages Processed | Number of Pages Disclosed | Number of Requests |
---|---|---|---|
All disclosed | 0 | 0 | 0 |
Disclosed in part | 0 | 0 | 0 |
All exempted | 0 | 0 | 0 |
All excluded | 0 | 0 | 0 |
Request abandoned | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 |
Disposition | 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 | |
All disclosed | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Disclosed in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 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 |
Request Abandoned | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Disposition | Consultation Required | Assessment of Fees | Legal Advice Sought | Other | Total |
---|---|---|---|---|---|
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 |
Request Abandoned | 0 | 0 | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 | 0 |
2.6 Deemed refusals
Number of Requests Closed Past the Statutory Deadline | Principal Reason | |||
---|---|---|---|---|
Workload | External Consultation | Internal Consultation | Other | |
0 | 0 | 0 | 0 | 0 |
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 |
---|---|---|---|
1 to 15 days | 0 | 0 | 0 |
16 to 30 days | 0 | 0 | 0 |
31 to 60 days | 0 | 0 | 0 |
61 to 120 days | 0 | 0 | 0 |
121 to 180 days | 0 | 0 | 0 |
181 to 365 days | 0 | 0 | 0 |
More than 365 days | 0 | 0 | 0 |
Total | 0 | 0 | 0 |
Translation Requests | Accepted | Refused | Total |
---|---|---|---|
English to French | 0 | 0 | 0 |
French to English | 0 | 0 | 0 |
Total | 0 | 0 | 0 |
Part 3: Extensions
Disposition of Requests Where an Extension Was Taken | 9(1)(a) Interference With Operations | 9(1)(b) Consultation | 9(1)(c) Third-Party Notice | |
---|---|---|---|---|
Section 69 | Other | |||
All disclosed | 0 | 0 | 0 | 0 |
Disclosed in part | 0 | 0 | 0 | 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 |
Total | 0 | 0 | 0 | 0 |
Length of Extensions | 9(1)(a) Interference With Operations | 9(1)(b) Consultation | 9(1)(c) Third-Party Notice | |
---|---|---|---|---|
Section 69 | Other | |||
30 days or less | 0 | 0 | 0 | 0 |
31 to 60 days | 0 | 0 | 0 | 0 |
61 to 120 days | 0 | 0 | 0 | 0 |
121 to 180 days | 0 | 0 | 0 | 0 |
181 to 365 days | 0 | 0 | 0 | 0 |
365 days or more | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 |
Part 4: Fees
Fee Type | Fee Collected | Fee Waived or Refunded | ||
---|---|---|---|---|
Number of Requests | Amount | Number of Requests | Amount | |
Application | 0 | $0 | 0 | $0 |
Search | 0 | $0 | 0 | $0 |
Production | 0 | $0 | 0 | $0 |
Programming | 0 | $0 | 0 | $0 |
Preparation | 0 | $0 | 0 | $0 |
Alternative format | 0 | $0 | 0 | $0 |
Reproduction | 0 | $0 | 0 | $0 |
Total | 0 | $0 | 0 | $0 |
Part 5: Consultations Received From Other Institutions and Organizations
Consultations | Other Government of Canada Institutions | Number of Pages to Review | Other Organizations | Number of Pages to Review |
---|---|---|---|---|
Received during reporting period | 1 | 30 | 0 | 0 |
Outstanding from the previous reporting period | 0 | 0 | 0 | 0 |
Total | 1 | 30 | 0 | 0 |
Closed during the reporting period | 1 | 30 | 0 | 0 |
Pending at the end of the reporting period | 0 | 0 | 0 | 0 |
Recommendation | Number of days required to complete consultation requests | |||||||
---|---|---|---|---|---|---|---|---|
1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total | |
Disclose entirely | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
Disclose in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
Recommendation | Number of days required to complete consultation requests | |||||||
---|---|---|---|---|---|---|---|---|
1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total | |
Disclose entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Disclose in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Part 6: Completion Time of Consultations on Cabinet Confidences
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 | |
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 |
Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
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 | |
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 |
Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Part 7: Complaints and Investigations
Section 32 | Section 35 | Section 37 | Total |
---|---|---|---|
0 | 0 | 0 | 0 |
Part 8: Court Action
Section 41 | Section 42 | Section 44 | Total |
---|---|---|---|
0 | 0 | 0 | 0 |
Part 9: Resources Related to the Access to Information Act
Expenditures | Amount |
---|---|
Salaries | $322 |
Overtime | $0 |
Goods and Services | $2,909 |
Professional services contracts | $2,909 |
Other | $0 |
Total | $3,231 |
Resources | Person Years Dedicated to Access to Information Activities |
---|---|
Full-time employees | 1.00 |
Part-time and casual employees | 0.00 |
Regional staff | 0.00 |
Consultants and agency personnel | 0.00 |
Students | 0.00 |
Total | 1.00 |
Note: Enter values to two decimal places.
Highlights of the Statistical Report 2016-2017
During the reporting period of April 1, 2016, to March 31, 2017, the Committee received a total of five new requests under the Access to Information Act; no formal and five informal. No requests were carried forward from 2015-2016.
The number of requests has remained about the same in the five fiscal years prior to 2016-2017. This year, the number has dropped to only five, the greatest number of requests originating from the private sector. In 2016-2017, five requests were for the Committee’s records, all of which were informal requests, which represents a decrease in formal requests from previous years.
2011-2012 | 2012-2013 | 2013-2014 | 2014-2015 | 2015-2016 | 2016-2017 | |
---|---|---|---|---|---|---|
Decline to Identify | 0 | 0 | 0 | 0 | 0 | 0 |
Public | 12 | 16 | 8 | 13 | 3 | 1 |
Organization | 5 | 2 | 10 | 4 | 3 | 1 |
Business (Private Sector) | 0 | 1 | 0 | 0 | 4 | 3 |
Academia | 0 | 1 | 0 | 0 | 1 | 0 |
Media | 0 | 1 | 0 | 1 | 2 | 0 |
Disposition of Completed Requests
In 2016-2017, no formal requests were completed. As such, there was no disposition.
Exemptions Invoked
The Access to Information Act allows, and in some instances requires, that some information be exempted and not released. In 2016-2017, the Committee did not receive any formal requests, and as such, did not invoke any exemptions under the Access to Information Act.
Exclusions Cited
There were no cases where exclusions were cited.
Complexity
In 2016-2017, the Committee did not receive any formal requests.
Consultations Received from Other Institutions and Organizations
During 2016-2017, the Committee received one consultation request from another Government of Canada institution and one consultation request from another organization.
Fees
During the reporting period, no fees were collected. The fees were waived on the five informal requests.
Costs
During 2016-2017, an estimated $322 in salary costs and $2,909 in maintenance costs related to the ATIP management system were incurred to administer the Access to Information Act.
5. Training
As part of the Committee’s Access to Information and Privacy Awareness Plan, emails are sent to staff on a regular basis to share points of interest and information relating to ATIP. During the reporting period, awareness sessions related to access to information were held as follows:
- Awareness and training session on the Access to Information Act, the Privacy Act, information and records management, and the security of information (approximately 40 employees)
6. Policies, Guidelines, Procedures, and Initiatives
During the reporting period, the Committee did not implement any new institution-specific policies, guidelines, procedures, or initiatives related to access to information.
7. Summary of Key Issues and Actions Taken on Complaints or Audits
Over the period covered by this report, no complaint against the Committee was submitted to the Information Commissioner under the Access to Information Act nor was any audit undertaken.
8. Monitoring Compliance
As a means to monitor the time required to process requests under both acts (Access to Information Act and Privacy Act), the ATIP Office reports delays on its activities to the Executive Director, Corporate Services. For the period covered by this report, all requests were completed within the statutory deadline.
Report on the Privacy Act
1. 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 and tabled in Parliament in accordance with section 72 of the Privacy Act.
The raison d’être of the Military Grievances External Review Committee (the Committee) is to provide an independent and external review of military grievances. Section 29 of the National Defence Act (NDA) provides a statutory right for an officer or a non-commissioned member who has been aggrieved, to grieve a decision, an act or an omission in the administration of the affairs of the Canadian Armed Forces. The importance of this broad right cannot be overstated since it is, with certain narrow exceptions, the only formal complaint process available to Canadian Armed Forces members.
The Committee reviews military grievances referred to it and provides findings and recommendations (F&R) to the Chief of the Defence Staff (CDS) and the officer or non-commissioned member who submitted the grievance.
The Committee also has the obligation to deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.
2. Organizational Structure
The Access to Information and Privacy (ATIP) Office is part of the Strategic Planning, Security, and Information Management Services Division. The division has two employees who dedicate on average .02% of their time to fulfill the Committee’s obligations under both the Access to Information Act and the Privacy Act.
The ATIP Coordinator, the Executive Director, Corporate Services, and the Director, Operations and General Counsel have delegated authority to oversee the administration of the Access to Information Act and the Privacy Act within the Committee and to ensure compliance with the legislation.
A description of the classes of institutional records held by the Committee can be accessed through public and academic libraries and constituency offices of federal members of Parliament and can also be found online at https://www.canada.ca/en/military-grievances-external-review/corporate/transparency/info-source-sources-federal-government-employee-information.html. The Committee does not have any exempt banks.
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 Committee at:
Military Grievances External Review Committee
60 Queen Street, 9th Floor
Ottawa, Ontario K1P 5Y7
3. Delegation Order for the Privacy Act
The Canadian Forces Grievance Board was renamed to the Military Grievances External Review Committee by the Act to amend the National Defence Act and to make consequential amendments to other Acts, S.C. 2013, c., 24, s.11(1). A new delegation order was signed by the Chairperson to reflect the name change.
Delegation Order
Privacy Act
I, the undersigned, Chairperson of the Military Grievances External Review Committe, 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.
Caroline Maynard
Interim Chairperson and Chief Executive Officer
Military Grievances External Review Committee
Date: 4-01-17
Section | Description | Executive Director | General Counsel |
ATIP Coordinator |
---|---|---|---|---|
8(2) | Generally disclose personal information on the basis of the requirements in subsection 8(2) | X | X | |
8(2)(e) | Disclose personal information on the written request of an investigative body | X | X | |
8(2)(j) | Disclose personal information for research or statistical purposes | X | X | |
8(2)(m) | Disclose personal information in the public interest or in the interest of the individual | X | X | |
8(4) | Retain copy of 8(2)(e) requests and disclosed records | X | ||
8(5) | Notify Privacy Commissioner in writing of disclosures under paragraph 8(2)(m) | X | X | |
9(1) | Retain record of use | X | ||
9(4) | Notify the Privacy Commissioner of consistent use of personal information and update index accordingly | X | X | X |
10 | Include personal information in personal information banks | X | X | X |
14 | Respond to request for access within 30 days; give access or give notice | X | X | |
15 | Extend time limit for responding to request for access | X | X | |
16 | Issue notice where access is refused | X | X | X |
17(2)(b) | Decide whether to translate requested information | X | X | |
17(3)(b) | Decide whether to give access in an alternative format | X | X | |
18(2) | May refuse to disclose information contained in exempt bank | X | X | |
19(1) | Shall refuse to disclose information obtained in confidence of another government | X | X | |
19(2) | May disclose any information referred to in 19(1) if the other government consents to the disclosure or makes the information public | X | X | |
20 | May refuse to disclose information if injurious to the conduct of Federal-Provincial affairs | X | X | |
21 | May refuse to disclose if injurious to international affairs and defence or preventing or suppressing subversive or hostile activities | X | X | |
22 | May refuse to disclose information prepared by an investigative body, information injurious to the enforcement of a law, or information injurious to the security of penal institutions | X | X | |
23 | May refuse to disclose information prepared by an investigative body for security clearances | X | X | |
24 | May refuse to disclose information collected by the Canadian Penitentiary Service, the National Parole Service, or the National Parole Board while individual was under sentence if conditions in section are met | X | X | |
25 | May refuse to disclose information which could reasonably threaten the safety of individuals | X | X | |
26 | May refuse to disclose information about another individual, and shall refuse to disclose such information where disclosure is prohibited under section 8 | X | X | |
27 | May refuse to disclose information subject to solicitor-client privilege | X | X | X |
28 | May refuse to disclose information relating to the individual’s physical or mental health where disclosure contrary to the best interest of the individual | X | X | |
31 | Receive notice of investigation by the Privacy Commissioner | X | X | |
33(2) | Right to make representations to Privacy Commissioner in the course of investigation | X | X | |
35(1) | Receive Privacy Commissioner’s report of findings and recommendations and give notice of action taken | X | X | |
35(4) | Give complainant access to information after 35(1)(b) | X | X | |
36(3) | Receive Privacy Commissioner’s report on findings and recommendations concerning the review of exempt information banks and, if appropriate, give notice to the Commissioner | X | X | |
37(3) | Receive report of Privacy Commissioner’s findings after compliance investigation | X | X | |
51(2)(b) | Request that Section 51 hearing be held in the National Capital Region | X | X | |
51(3) | Request and be given right to make representations ex parte in Section 51 hearings | X | X | |
69 | Deny information that is excluded in the Act | X | X | X |
72(1) | Prepare Annual Report to Parliament | X | ||
77 | Responsibilities conferred on the head of the institution by the Regulations made under section 77 which are not included in the above | X | X | X |
4. Statistical Report on the Privacy Act
Name of institution: Military Grievances External Review Committee
Reporting period: 2016-04-01 to 2017-03-31
Part 1: Requests Under the Privacy Act
Number of Requests | |
---|---|
Received during reporting period | 3 |
Outstanding from previous reporting period | 0 |
Total | 3 |
Closed during reporting period | 3 |
Carried over to next reporting period | 0 |
Part 2: Requests Closed During the Reporting Period
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 | 2 | 1 | 0 | 0 | 0 | 0 | 0 | 3 |
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 |
No records exist | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Request abandoned | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 2 | 1 | 0 | 0 | 0 | 0 | 0 | 3 |
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 | 0 |
27 | 0 |
28 | 0 |
Section | Number of Requests |
---|---|
69(1)(a) | 0 |
69(1)(b) | 0 |
69.1 | 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 |
Disposition | Paper | Electronic | Other formats |
---|---|---|---|
All disclosed | 1 | 2 | 0 |
Disclosed in part | 0 | 0 | 0 |
Total | 1 | 2 | 0 |
2.5 Complexity
Disposition of requests | Number of Pages Processed | Number of Pages Disclosed | Number of Requests |
---|---|---|---|
All disclosed | 1409 | 1409 | 3 |
Disclosed in part | 0 | 0 | 0 |
All exempted | 0 | 0 | 0 |
All excluded | 0 | 0 | 0 |
Request abandoned | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 |
Total | 1409 | 1409 | 3 |
Disposition | 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 | |
All disclosed | 2 | 47 | 0 | 0 | 0 | 0 | 1 | 1362 | 0 | 0 |
Disclosed in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 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 |
Request abandoned | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 2 | 47 | 0 | 0 | 0 | 0 | 1 | 1362 | 0 | 0 |
Disposition | Consultation Required | Legal Advice Sought | Interwoven Information | Other | Total |
---|---|---|---|---|---|
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 |
Request abandoned | 0 | 0 | 0 | 0 | 0 |
Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 | 0 |
2.6 Deemed refusals
Number of Requests Closed Past the Statutory Deadline | Principal Reason | |||
---|---|---|---|---|
Workload | External Consultation | Internal Consultation | Other | |
0 | 0 | 0 | 0 | 0 |
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 |
---|---|---|---|
1 to 15 days | 0 | 0 | 0 |
16 to 30 days | 0 | 0 | 0 |
31 to 60 days | 0 | 0 | 0 |
61 to 120 days | 0 | 0 | 0 |
121 to 180 days | 0 | 0 | 0 |
181 to 365 days | 0 | 0 | 0 |
More than 365 days | 0 | 0 | 0 |
Total | 0 | 0 | 0 |
Translation Requests | Accepted | Refused | Total |
---|---|---|---|
English to French | 0 | 0 | 0 |
French to English | 0 | 0 | 0 |
Total | 0 | 0 | 0 |
Part 3: Disclosures Under Subsections 8(2) and 8(5)
Paragraph 8(2)(e) | Paragraph 8(2)(m) | Paragraph 8(5) | Total |
---|---|---|---|
0 | 0 | 0 | 0 |
Part 4: Requests for Correction of Personal Information and Notations
Disposition for Correction Requests Received | Number |
---|---|
Notations attached | 0 |
Requests for correction accepted | 0 |
Total | 0 |
Part 5: Extensions
Disposition of requests where an extension was taken | 15(a)(i) Interference With Operations | 15(a)(ii) Consultation | 15(b) Translation or Conversion | |
---|---|---|---|---|
Section 70 | Other | |||
All disclosed | 0 | 0 | 0 | 0 |
Disclosed in part | 0 | 0 | 0 | 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 |
Total | 0 | 0 | 0 | 0 |
Length of extensions | 15(a)(i) Interference with operations | 15(a)(ii) Consultation | 15(b) Translation purposes | |
---|---|---|---|---|
Section 70 | Other | |||
1 to 15 days | 0 | 0 | 0 | 0 |
16 to 30 days | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 |
Part 6: Consultations Received from Other Institutions and Organizations
Consultations | Other government institutions | Number of pages to review | Other organizations | Number of pages to review |
---|---|---|---|---|
Received during the reporting period | 2 | 47 | 0 | 0 |
Outstanding from the previous reporting period | 0 | 0 | 0 | 0 |
Total | 2 | 47 | 0 | 0 |
Closed during the reporting period | 2 | 47 | 0 | 0 |
Pending at the end of the reporting period | 0 | 0 | 0 | 0 |
Recommendation | Number of days required to complete consultation requests | |||||||
---|---|---|---|---|---|---|---|---|
1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total | |
Disclose entirely | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 2 |
Disclose in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 2 |
Recommendation | Number of days required to complete consultation requests | |||||||
---|---|---|---|---|---|---|---|---|
1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total | |
Disclose entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Disclose in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Part 7 – Completion Time of Consultations on Cabinet Confidences
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 | |
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 |
Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
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 | |
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 |
Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Part 8 – Complaints and Investigations Notices Received
Section 31 | Section 33 | Section 35 | Court Action | Total |
---|---|---|---|---|
0 | 0 | 0 | 0 | 0 |
Part 9 – Privacy Impact Assessments (PIAs)
Number of PIA(s) completed | 0 |
---|
Part 10 – Resources related to the Privacy Act
Expenditures | Amount ($) |
---|---|
Salaries | $222 |
Overtime | $0 |
Goods and Services | $2,909 |
Professional services contracts | $2,909 |
Other | $0 |
Total | $3,131 |
Resources | Person Years Dedicated to Privacy Activities |
---|---|
Full-time employees | 1.00 |
Part-time and casual employees | 0.00 |
Regional staff | 0.00 |
Consultants and agency personnel | 0.00 |
Students | 0.00 |
Total | 1.00 |
Note: Enter values to two decimal places.
Highlights of the Statistical Report 2016-2017
During the reporting period of April 1, 2016, to March 31, 2017, the Military Grievances External Review Committee received three requests under the Privacy Act.
In recent years, the number of requests made under the Privacy Act has varied; over the last six fiscal years, requests have occurred in the following numbers: 2011-2012 (11); 2012-2013 (8); 2013-2014 (4) and 2014-2015 (1), 2015-2016 (0), and 2016-2017 (3).
Disposition of Completed Requests
In 2016-2017, all three privacy requests were fully disclosed.
Exemptions Invoked
No exemptions were invoked in the disposition of the three privacy requests made in 2016-2017.
Exclusions Cited
No exclusions were cited in the disposition of the three privacy requests made in 2016-2017.
Complexity
In 2016-2017, the number of pages disclosed related to the three privacy requests totaled 1,409 of which 1,362 pages were disclosed under one request.
Consultations Received from Other Institutions and Organizations
During 2016-2017, the Committee received consultation requests from other Government of Canada institutions for two of its privacy requests.
Costs
During 2016-2017, $222 in salary costs and $2,909 in goods and services were incurred to administer the Privacy Act.
5. Training
As part of the Committee’s Access to Information and Privacy Awareness Plan, emails are sent to staff on a regular basis to share points of interest and information relating to ATIP. During the reporting period, awareness sessions related to privacy were held as follows:
- Awareness and training session on the Access to Information Act, the Privacy Act, information and records management, and the security of information (approximately 40 employees)
6. Policies, Guidelines, Procedures, and Initiatives
During the reporting period, the Committee did not implement any new institution-specific policies, guidelines, procedures, or initiatives related to privacy.
7. Summary of Key Issues and Actions Taken on Complaints or Audits
Over the period covered by this report, no complaint against the Committee was submitted to the Privacy Commissioner under the Privacy Act nor was any audit undertaken.
8. Monitoring Compliance
As a means to monitor the time required to process requests under both acts (Access to Information Act and Privacy Act), the ATIP Office reports delays on its activities to the Executive Director, Corporate Services. For the period covered by this report, all requests were closed within the statutory deadline.
9. Material Privacy Breaches
During the reporting period, the Committee did not incur any privacy breach.
10. Privacy Impact Assessments
No Privacy Impact Assessment was conducted during the reporting period.
11. Public Interest Disclosures
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 2016-2017 period.
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