2021-2022 Annual Reports on the Access to Information Act and the Privacy Act

Report on the Access to Information Act

1. Introduction
2. Organizational structure
3. Delegation order
4. Performance 2021-2022
5. Training and Awareness
6. Policies, Guidelines, Procedures and Initiatives
7. Summary of Key Issues and Actions Taken on Complaints
8. Monitoring Compliance
9. Reporting on Access to Information fees for the purposes of the Service Fees Act

Report on the Privacy Act

1. Introduction
2. Organizational structure
3. Delegation order
4. Performance 2021-2022
5. Training and Awareness
6. Policies, Guidelines, Procedures and Initiatives
7. Summary of Key Issues and Actions Taken on Complaints
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 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, access to government information that is normally available to the public upon request.

The 2021-22 Annual Report is prepared and tabled in Parliament in accordance with section 94 of the Access to Information Act and section 20 of the Service Fees Act.

The Military Grievances External Review Committee (the Committee) is an independent administrative tribunal reporting to Parliament through the Minister of National Defence. It reviews all military grievances referred to it by the Chief of Defence Staff (CDS), as stipulated in the National Defence Act (NDA) and article 7.21 of the Queen’s Regulations and Orders for the Canadian Forces (QR&O).

Section 29 of the NDA provides a statutory right for an officer or a non-commissioned member to grieve a decision, an act or an omission in the administration of the affairs of the Canadian Armed Forces (CAF). The importance of this broad right cannot be overstated since it is, with certain narrow exceptions, the only formal complaint process available to CAF members.

Since beginning operations in 2000, the Committee has acted as the external and independent component of the CAF grievance process. It also has the statutory obligation to deal with all matters as informally and expeditiously as the circumstances permit.

Following its review of referred military grievances, the Committee provides its Findings and Recommendations (F&R) reports to the CDS and the grievor. The CDS is the final decision-maker and is not bound by the Committee’s F&Rs. In any case where the Committee’s F&Rs are not accepted, the CDS must provide the reasoning in writing.

2. Organizational structure

The Access to Information and Privacy (ATIP) Office is part of the Strategic Planning and Communications Services Division. The division is made up of two employees who dedicate an average 5% of their time to fulfill the Committee’s obligations under both the Access to Information Act and the Privacy Act.

The ATIP Coordinator, the Director General, Corporate Services, and the Director General, 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 is available 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, 9^h Floor

Ottawa, Ontario K1P 5Y7

The Committee is now using the ATIP Online Request Service, designed and maintained by Treasury Board of Canada, to process formal Access to Information requests and collect the service fee.

3. Delegation order

The Canadian Forces Grievance Board was renamed 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 and Chief Executive Officer of the Military Grievances External Review Committee, pursuant to Section 95(1) of the Access to Information Act , hereby authorize the Director General, Corporate Services and Chief Financial Officer, the Director General of Operations and General Counsel, and the Access to Information and Privacy Coordinator, to exercise signing authorities or perform any of the Chairperson and Chief Executive Officer's powers, duties or function specified in the attached Schedule A.

Approved by:

(Original signed by)

Christine Guérette, CPA, CGA
Chairperson and Chief Executive Officer
Notre-Dame-du-Laus, Canada

Date: July 15, 2020

Schedule A
Military Grievances External Review Committee
Delegation of powers, functions and duties pursuant to section 95(1) of the Access to Information Act
Section	Description	Director General, Corporate Services	Director General, Operations and 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
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(3)	Prepare response to the Information Commissioner's initial report. The response will outline how the Commissioner's recommendations will be implemented or will explain why the recommendations have not/will not be implemented.	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
95(2)	Delegate any of their powers, duties or functions under this Act to one or more officers or employees of another government institution	X		X
96(1)	Provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution	X		X

4. Performance 2021-2022

Highlights from the Statistical Report

During the reporting period of April 1, 2021, to March 31, 2022, the Committee received thirty-one (31) new requests under the Access to Information Act. Only one of these was a formal request while all others were informal requests and, therefore, had no legislated timeframes. The one formal ATIP request was completed in three days. Of the thirty others received, eighteen were completed within one to 15 days and twelve were completed within 16 to 30 days.

The amount of requests received was higher than the number of requests received in the previous three reporting periods (17 requests in 2020-21, 15 requests in 2019-20, 14 in 2018-19).

Most of the requests in 2021-22 were deemed informal because they were related to information contained in case summaries produced by the Committee. As per standard practice, case summaries are published on the Committee website and are publicly available. It is important to note that there have been some challenges related to posting the case summaries online since the transition to Canada.ca. As such, interested parties were encouraged to submit an informal access to information request to obtain this information. Since February 2022, the Committee has been updating its case summary index online and will continue to maintain it on a regular basis moving forward.

Two requests were carried forward from reporting period 2020-2021.

COVID-19 had no significant impact on the Committee’s ability to fulfill its Access to Information Act responsibilities. As such, no additional mitigation measures were required.

During 2021-2022, the Committee received one consultation request from another Government of Canada institution, and no requests from private sector organizations.

Statistical report on the Access to Information Act

Name of institution: Military Grievances External Review Committee

Reporting period: 2021-04-01 to 2022-03-31

Section 1: Requests under the Access to Information Act

1.1 Number of requests

	Number of Requests
Received during reporting period	31
Outstanding from previous reporting period	2
Total	33
Closed during reporting period	31
Carried over to next reporting period	2

1.2 Sources of requests

Source	Number of requests
Media	0
Academia	0
Business (private sector)	0
Organization	0
Public	31
Decline to identify	0
Total	31

1.3 Channels of requests

Source	Number of requests
Online	0
E-mail	31
Mail	0
In person	0
Phone	31
Fax	0
Total	31

Section 2: Informal requests

2.1 Number of informal requests

	Number of requests
Received during reporting period	30
Outstanding from previous reporting periods	0
Total	30
Closed during reporting period	30
Carried over to next reporting period	0

2.2 Channels of informal requests

Source	Number of requests
Online	0
E-mail	30
Mail	0
In person	0
Phone	0
Fax	0
Total	30

2.3 Completion time of informal 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
18	12	0	0	0	0	0	30

2.4 Pages released informally

Less than 100 pages released		101 to 500 pages released		501 to 1000 pages released		1001 to 5000 pages released		More than 5000 pages released
Number of requests	Pages released	Number of requests	Pages released	Number of requests	Pages released	Number of requests	Pages released	Number of requests	Pages released
30	0	0	0	0	0	0	0	0	0

2.5 Pages re-released informally

Less than 100 pages released		101 to 500 pages released		501 to 1000 pages released		1001 to 5000 pages released		More than 5000 pages released
Number of requests	Pages released	Number of requests	Pages released	Number of requests	Pages released	Number of requests	Pages released	Number of requests	Pages released
0	0	0	0	0	0	0	0	0	0

Section 3: Applications to the Information Commissioner on declining to act on request

	Number of requests
Outstanding from previous reporting period	0
Sent during reporting period	0
Total	0
Approved by the Information Commissioner during reporting period	0
Declined by the Information Commissioner during reporting period	0
Withdrawn during reporting period	0
Carried over to next reporting period	0

Section 4: Requests closed during the reporting period

4.1 Disposition and completion time

Disposition of requests	Completion Time
Disposition of 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
All disclosed	18	12	0	0	0	0	0	30
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	1	0	0	0	0	0	0	1
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
Declined to act with the approval of the Information Commissioner	0	0	0	0	0	0	0	0
Total	19	12	0	0	0	0	0	31

4.2 Exemptions

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	0
14(a)	0
14(b)	0
15(1)	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)	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
16.31	0
16.4(1)(a)	0
16.4(1)(b)	0
16.5	0
16.6	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
23.1	0
24(1)	0
26	0

Table notes

4.3 Exclusions

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)	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

4.4 Format of information released

Paper	Electronic	Other Formats
0	30	0

4.5 Complexity

4.5.1 Relevant pages processed and disclosed for paper and e-record formats

Number of pages processed	Number of pages disclosed	Number of requests
30	30	30

4.5.2 Relevant pages processed per request disposition for paper and e-record formats by size of requests

Disposition	Less than 100 pages processed		101-500 Pages processed		501-1000 Pages processed		1001-5000 Pages processed		More than 5000 pages processed
Disposition	Number of requests	Pages processed	Number of requests	Pages processed	Number of requests	Pages processed	Number of requests	Pages processed	Number of requests	Pages processed
All disclosed	30	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
Declined to act with the approval of the Information Commissioner	0	0	0	0	0	0	0	0	0	0
Total	30	0	0	0	0	0	0	0	0	0

4.5.3 Relevant minutes processed and disclosed for audio formtas

Number of minutes processed	Number of minutes disclosed	Number of requests
0	0	0

4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests

Disposition	Less than 60 minutes processed		60 to 120 minutes processed		More than 120 minutes processed
Disposition	Number of requests	Minutes processed	Number of requests	Minutes processed	Number of requests	Minutes processed
All disclosed	0	0	0	0	0	0
Disclosed in part	0	0	0	0	0	0
All exempted	0	0	0	0	0	0
All excluded	0	0	0	0	0	0
Request abandoned	0	0	0	0	0	0
Neither confirmed nor denied	0	0	0	0	0	0
Declined to act with the approval of the Information Commissioner	0	0	0	0	0	0
Total	0	0	0	0	0	0

4.5.5 Relevant minutes processed and disclosed for video formats

Number of minutes processed	Number of minutes disclosed	Number of requests
0	0	0

4.5.6 Relevant minutes processed per request disposition for video formats by size of requests

Disposition	Less than 100 pages processed		101-500 Pages processed		501-1000 Pages processed		1001-5000 Pages processed		More than 5000 pages processed
Disposition	Number of requests	Pages processed	Number of requests	Pages processed	Number of requests	Pages processed	Number of requests	Pages processed	Number of requests	Pages processed
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
Declined to act with the approval of the Information Commissioner	0	0	0	0	0	0	0	0	0	0
Total	0	0	0	0	0	0	0	0	0	0

4.5.7 Other complexities

Disposition	Consultation required	Legal advice sought	Other	Total
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
Request abandoned	0	0	0	0
Neither confirmed nor denied	0	0	0	0
Decline to act with the approval of the Information Commissioner	0	0	0	0
Total	0	0	0	0

4.6 Closed requests

4.6.1 Requests closed within legislated timelines

	Requests closed within legislated timelines
Number of requests closed within legislated timelines	31
Percentage of requests closed within legislated timelines (%)	100

4.7 Deemed refusals

4.7.1 Reasons for not meeting legislated timelines

Number of requests closed past the legislated timelines	Principal reason
Number of requests closed past the legislated timelines	Interference with operations / workload	External consultation	Internal consultation	Other
0	0	0	0	0

4.7.2 Requests closed beyond legislated timelines (including any extension taken)

Number of days past legislated timelines	Number of requests past legislated timelines where no extension was taken	Number of requests past legislated timelines 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

4.8 Requests for translation

Translation requests	Accepted	Refused	Total
English to French	0	0	0
French to English	0	0	0
Total	0	0	0

Section 5: Extensions

5.1 Reason for extensions and disposition of requests

Disposition of requests where an extension was taken	9(1)(a) Interference with operations / workload	9(1)(b) Consultation		9(1)(c) Third-Party Notice
Disposition of requests where an extension was taken	9(1)(a) Interference with operations / workload	Section 69	Other	9(1)(c) Third-Party Notice
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
Declined to act with the approval of the Information Commissioner	0	0	0	0
Total	0	0	0	0

5.2 Length of extensions

Length of extensions	9(1)(a) Interference with operations / workloads	9(1)(b) Consultation		9(1)(c) Third-Party Notice
Length of extensions	9(1)(a) Interference with operations / workloads	Section 69	Other	9(1)(c) Third-Party Notice
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

Section 6: Fees

Fee type	Fee collected		Fee waived		Fee refunded
Fee type	Number of requests	Amount	Number of requests	Amount	Number of requests	Amount
Application	0	$0.00	31	$155.00	0	$0.00
Other fees	0	$0.00	0	$0.00	0	$0.00
Total	0	$0.00	31	$155.00	0	$0.00

Section 7: Consultations received from other institutions and organizations

7.1 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	0	0	0
Outstanding from the previous reporting period	0	0	0	0
Total	1	0	0	0
Closed during the reporting period	1	0	0	0
Carried over within negotiated timelines	0	0	0	0
Carried over beyond negotiated timelines	0	0	0	0

7.2 Recommendations and completion time for consultations received from other Government of Canada institutions

Recommendation	Number of days required to complete consultation requests
Recommendation	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

7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada

Recommendation	Number of days required to complete consultation requests
Recommendation	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

Section 8: Completion time of consultations on Cabinet Confidences

8.1 Requests for 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 days	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

8.2 Requests with Privy Council Office

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 days	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

Section 9: Investigations and reports of findings

9.1 Investigations

Section 32 Notice of intention to investigate	Sub-section 30(5) Ceased to investigate	Section 35 Formal representations
0	0	0

9.2 Investigations and reports of findings

Section 37(1) Initial reports			Section 37(2) Final reports
Received	Containing recommendations issued by the Information Commissioner	Containing orders issued by the Information Commissioner	Received	Containing recommendations issued by the Information Commissioner	Containing orders issued by the Information Commissioner
0	0	0	0	0	0

Section 10: Court action

10.1 Court action on complaints

Section 41
Complainant (1)	Institution (2)	Third Party (3)	Privacy Commissioner (4)	Total
0	0	0	0	0

10.2 Court action on third party notifications under paragraph 28(1)(b)

Section 44 - under paragraph 28(1)(b)
0

Section 11: Resources related to the Access to Information Act

11.1 Allocated costs

Expenditures		Amount
Salaries		$10,472
Overtime		$0
Goods and Services		$1,952
Professional services contracts	$1,952
Other	$0
Total		$12,424

11.2 Human resources

Resources	Person years dedicated to Access to Information activities
Full-time employees	0.060
Part-time and casual employees	0.000
Regional staff	0.000
Consultants and agency personnel	0.000
Students	0.000
Total	0.060

Note: Enter values to three decimal places

5. Training and Awareness

No training or awareness activities were provided during the current reporting period.

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

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 or investigation undertaken.

8. Monitoring Compliance

The ATIP office monitors the time required to process requests under the Access to Information Act and the Privacy Act. If delays in its activities occur, the ATIP office reports them to the Director General, Corporate Services and Chief Financial Officer. No delays occurred in the processing of formal requests received during the reporting period.

9. Reporting on Access to Information fees for the purposes of the Service Fees Act

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.

With respect to fees collected under the Access to Information Act, the information below is provided in accordance with the requirements of section 20 of the Service Fees Act.

Enabling authority: Access to Information Act
Fee payable: $5, which is the only fee charged for an ATI request
Total revenue: 0
All fees were waived for the 2021-2022 fiscal period

The only formal request was sent by another government department, as such, no fees were collected.

During 2021-2022, an estimated $10,472 in salary costs and $1,952 in maintenance costs related to the ATIP management system were incurred to administer the Access to Information Act.

Annual 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 is prepared and tabled in Parliament in accordance with section 72 of the Privacy Act.

The Committee is an independent administrative tribunal reporting to Parliament through the Minister of National Defence. It reviews all military grievances referred to it by the Chief of the Defence Staff (CDS), as stipulated in the National Defence Act (NDA) and article 7.21 of the Queen’s Regulations and Orders for the Canadian Forces (QR&O).

2. Organizational structure

The ATIP Coordinator; the Director General, Corporate Services and Chief Financial Officer; and the Director General, 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 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, 9^th Floor
Ottawa, Ontario K1P 5Y7

The Committee is now using the ATIP Online Request Service, designed and maintained by Treasury Board of Canada, to process formal Access to Information requests and collect the service fee.

3. Delegation order

The Canadian Forces Grievance Board was renamed 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 and Chief Executive Officer of the Military Grievances External Review Committe, pursuant to Section 73 of the Privacy Act , hereby authorize the Director General, Corporate Services and Chief Financial Officer, the Director General of Operations and General Counsel, and the Access to Information and Privacy Coordinator, to exercise signing authorities or perform any of the Chairperson and Chief Executive Officer's powers, duties or function specified in the attached Schedule B.

Approved by:

(Original signed by)

Christine Guérette, CPA, CGA
Chairperson and Chief Executive Officer
Notre-Dame-du-Laus, Canada

Date: July 15, 2020

Schedule B
Military Grievances External Review Committee
Delegation of powers, duties and functions delegated pursuant to section 73 of the Privacy Act

Schedule B
Military Grievances External Review Committee
Delegation of powers, duties and functions delegated pursuant to section 73 of the Privacy Act
Section	Description	Director General, Corporate Services	Director General, Operations and 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
73.1(2)	The head of another government institution may, for the purpose of subsection 73.1(1), by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of another government institution.	X		X
73(2)	The personal information that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 73.1(1) is not under the control of that other institution.	X		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. Performance 2021-2022

Highlights of the 2021-2022 Statistical Report

During the reporting period of April 1, 2021, to March 31, 2022, the Committee received one (1) request under the Privacy Act. This one request was responded to within legislated timelines and completed within one to 30 days.

The amount of requests received under the Privacy Act from April 1, 2021 to March 31, 2022 was the same as the previous reporting period (2020-21), but slightly higher than what was received in 2019-20 and 2018-19 (no requests).

No requests were carried forward from 2020-2021.

During 2021-22, the Committee received no consultation requests from other Government of Canada organizations or from external entities.

COVID-19 had no significant impact on the Committee’s ability to fulfill its Privacy Act responsibilities. As such, no additional mitigation measures have been required.

Statistical Report on the Privacy Act

Name of institution: Military Grievances External Review Committee

Reporting period: 2021-04-01 to 2022-03-31

Section 1: Requests under the Privacy Act

1.1 Number of requests received

	Number of requests
Received during reporting period	1
Outstanding from previous reporting period	0
Total	1
Closed during reporting period	1
Carried over to next reporting period	0

1.2 Channels of requests

Source	Number of requests
Online	0
E-mail	1
Mail	0
In person	0
Phone	0
Fax	0
Total	1

Section 2: Informal requests

2.1 Number of informal requests

	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

2.2 Channels of informal requests

Source	Number of requests
Online	0
E-mail	0
Mail	0
In person	0
Phone	0
Fax	0
Total	0

2.3 Completion time of informal 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
0	0	0	0	0	0	0	0

2.4 Pages released informally

Less than 100 pages processed		100-500 Pages processed		501-1000 Pages processed		1001-5000 Pages processed		More than 5000 pages Processed
Number of requests	Pages released	Number of requests	Pages released	Number of requests	Pages released	Number of requests	Pages released	Number of requests	Pages released
0	0	0	0	0	0	0	0	0	0

Section 3: Requests closed during the reporting period

3.1 Disposition and completion time

Disposition of requests	Completion time
Disposition of 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
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	1	0	0	0	0	0	0	1
Request abandoned	0	0	0	0	0	0	0	0
Neither confirmed nor denied	0	0	0	0	0	0	0	0
Total	1	0	0	0	0	0	0	1

3.2 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
22.4	0
23(a)	0
23(b)	0
24(a)	0
24(b)	0
25	0
26	0
27	0
27.1	0
28	0

3.3 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

3.4 Format of information released

Paper	Electronic	Other
0	0	0

3.5 Complexity

3.5.1 Relevant pages processed and disclosed for paper and e-record formats

Number of pages processed	Number of pages disclosed	Number of requests
0	0	0

3.5.2 Relevant pages processed by request disposition for paper and e-record formats by size of requests

Disposition	Less than 100 pages Processed		101-500 Pages processed		501-1000 Pages processed		1001-5000 Pages processed		More than 5000 pages processed
Disposition	Number of requests	Pages processed	Number of requests	Pages processed	Number of requests	Pages processed	Number of requests	Pages processed	Number of requests	Pages processed
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

3.5.3 Relevant minutes processed and disclosed for audio formats

Number of minutes processed	Number of minutes disclosed	Number of requests
0	0	0

3.5.4 Relevant minutes processed per request disposition for audio formats by size of requests

Disposition	Less than 60 minutes processed		60 to 120 minutes processed		More than 120 minutes processed
Disposition	Number of requests	Minutes processed	Number of requests	Minutes processed	Number of requests	Minutes processed
All disclosed	0	0	0	0	0	0
Disclosed in part	0	0	0	0	0	0
All exempted	0	0	0	0	0	0
All excluded	0	0	0	0	0	0
Request abandoned	0	0	0	0	0	0
Neither confirmed nor denied	0	0	0	0	0	0
Total	0	0	0	0	0	0

3.5.5 Relevant minutes processed and disclosed for video formats

Number of minutes processed	Number of minutes disclosed	Number of requests
0	0	0

3.5.6 Relevant minutes processed per request disposition for video formats by size of requests

Disposition	Less than 60 minutes processed		60 to 120 minutes processed		More than 120 minutes processed
Disposition	Number of requests	Minutes processed	Number of requests	Minutes processed	Number of requests	Minutes processed
All disclosed	0	0	0	0	0	0
Disclosed in part	0	0	0	0	0	0
All exempted	0	0	0	0	0	0
All excluded	0	0	0	0	0	0
Request abandoned	0	0	0	0	0	0
Neither confirmed nor denied	0	0	0	0	0	0
Total	0	0	0	0	0	0

3.5.7 Other complexities

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

3.6 Closed requests

3.6.1 Number of requests closed within legislated timelines

	Requests closed within legislated timelines
Number of requests closed within legislated timelines	1
Percentage of requests closed within legislated timelines (%)	100

3.7 Deemed refusals

3.7.1 Reasons for not meeting legislated timelines

Number of requests closed past the legislated timelines	Principal reason
Number of requests closed past the legislated timelines	Interference with operations / workload	External consultation	Internal consultation	Other
0	0	0	0	0

3.7.2 Request closed beyond legislated timelines (including any extension taken)

Number of days past legislated timelines	Number of requests past legislated timelines where no extension was taken	Number of requests past legislated timelines 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

3.8 Requests for translation

Translation requests	Accepted	Refused	Total
English to French	0	0	0
French to English	0	0	0
Total	0	0	0

Section 4: Disclosure under Subsections 8(2) and 8(5)

Paragraph 8(2)(e)	Paragraph 8(2)(m)	Subsection 8(5)	Total
0	0	0	0

Section 5: Requests for correction of personal information and notations

Disposition for correction requests received	Number
Notations attached	0
Requests for correction accepted	0
Total	0

Section 6: Exceptions

6.1 Reasons for extensions

Number of requests where an extension was taken	Further review required to determine exemptions	Large volume of pages	Large volume of requests	Documents are difficult to obtain	Cabinet Confidence Section (Section 70)	External	Internal	15(b) Translation purposes or conversion
	15(a)(i) Interference with operations				15(a)(ii) Consultation
0	0	0	0	0	0	0	0	0

6.2 Length of extensions

Length of extensions	Further review required to determine exemptions	Large volume of pages	Large volume of requests	Documents are difficult to obtain	Cabinet Confidence Section (Section 70)	External	Internal	15(b) Translation purposes or conversion
	15(a)(i) Interference with operations					15(a)(ii) Consultation
1 to 15 days	0	0	0	0	0	0	0	0
16 to 30 days	0	0	0	0	0	0	0	0
31 days or greater	-	-	-	-	-	-	-	0
Total	0	0	0	0	0	0	0	0

Section 7: Consultations received from other institutions and organizations

7.1 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 the reporting period	0	0	0	0
Outstanding from the previous reporting period	0	0	0	0
Total	0	0	0	0
Closed during the reporting period	0	0	0	0
Carried over within negotiated timelines	0	0	0	0
Carried over beyond negotiated timelines	0	0	0	0

7.2 Recommendations and completion time for consultations received from other Government of Canada institutions

Recommendation	Number of days required to complete consultation requests
Recommendation	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

7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada

Recommendation	Number of days required to complete consultation requests
Recommendation	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

Section 8: Completion time of consultations on Cabinet Confidences

8.1 Requests with Legal Services

Number of days	Fewer than 100 pages processed		100-500 Pages processed		501-1000 Pages processed		1001-5000 Pages processed		More than 5000 pages processed
Number of days	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

8.2 Requests with Privy Council Office

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 days	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

Section 9: Complaints and investigations notices received

Section 31	Section 33	Section 35	Court action	Total
0	0	0	0	0

Section 10: Privacy Impact Assessments and Personal Information Banks

10.1 Privacy Impact Assessments (PIAs)

Number of PIA(s) completed	0
Number of PIA(s) modified	0

10.2 Institution-specific and Central Personal Information Banks (PIBs)

Personal Information Banks	Active	Created	Terminated	Modified
Institution-specific	0	0	0	0
Central	0	0	0	0
Total	0	0	0	0

Section 11: Privacy breaches

11.1 Material privacy breaches reported

Number of material privacy breaches reported to TBS	0
Number of material privacy breaches reported to OPC	0

11.2 Non-material privacy breaches

Number of non-material privacy breaches	1

Section 12: Resources related to the Privacy Act

12.1 Allocated costs

Expenditures		Amount ($)
Salaries		$5,236
Overtime		$0
Goods and Services		$1,952
Professional services contracts	$1,952
Other	$0
Total		$7,188

12.2 Human resources

Resources	Person years dedicated to privacy activities
Full-time employees	0.030
Part-time and casual employees	0.000
Regional staff	0.000
Consultants and agency personnel	0.000
Students	0.000
Total	0.030

Note: Enter values to three decimal places.

5. Training and Awareness

No training or awareness activities were provided during the current reporting period.

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

Over the period covered by this report, the Committee received an informal complaint from a person alleging that the Committee had breached their privacy rights. The Committee assessed the complaint and determined that no privacy breach had occurred. The complainant was advised of this determination and of their right to file a complaint with the Privacy Commissioner if they were not satisfied with the response from the Committee.

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 Director General, Corporate Services.

9. Material Privacy Breaches

During this reporting period, the Committee did not incur any material privacy breach.

10. Privacy Impact Assessments

No Privacy Impact Assessment was conducted during this 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 2021-2022 period.

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Date modified:: 2022-10-11