2014-2015 Annual Reports on the Access to Information Act and the Privacy Act

Table of Contents

Part I: Report on the Access to Information Act

  1. Introduction
  2. How ACOA Fulfils Its Responsibilities
  3. Delegation of authority
  4. Interpretation of the Statistical Report
  5. Education and Training Activities
  6. Policies, Guidelines and Procedures
  7. Complaints, Audits and Investigations
  8. Monitoring

Annex A: Delegation of Authority

Annex B: Statistical Report

Part II: Report on the Privacy Act

  1. Introduction
  2. How ACOA Fulfills its Responsibilities
  3. Delegation of Authority
  4. Interpretation of the Statistical Report
  5. Education and Training Activities
  6. Policies, Guidelines and Procedures
  7. Complaints, Audits and Investigations
  8. Monitoring
  9. Privacy Breaches
  10. Privacy Impact Assessments
  11. Authorized disclosures under thePrivacy Act

Annex A: Delegation of Authority

Annex B: Statistical Report

Part I: Report on the Access to Information Act

1. Introduction

The Access to Information Act gives Canadian citizens, permanent residents and any individual or corporation present in Canada the right of access to records under the control of a government institution, subject to limited and specific exceptions. The act further provides that decisions on the non-disclosure of information can be reviewed independently of government.

This report is prepared in accordance with section 72 of the act, which requires that the head of every government institution prepare, for tabling in Parliament, an annual report on the administration of the act. This report will be published on ACOA’s website.

The mandate of the Atlantic Canada Opportunities Agency (ACOA) is to increase opportunity for economic development in Atlantic Canada and, more particularly, to enhance the growth of earned incomes and employment opportunities in that region.

2. How ACOA Fulfils Its Responsibilities

The Access to Information and Privacy (ATIP) Directorate has two employees located at ACOA’s head office in Moncton, N.B., to oversee the administration of the Access to Information Act and the Privacy Act. The ATIP Coordinator is responsible for reviewing all records requested under the acts and preparing responses for the approval of the Vice‑President, Finance and Corporate Services and Corporate Secretary. The ATIP Coordinator also provides advice and guidance to staff regarding their responsibilities under the ATIP legislation. The ATIP Directorate also has one employee who provides administrative services and processes informal access requests.

In addition to processing access requests, the ATIP Coordinator also reviews various records before they are released to ensure that they do not contain information that would be subject to exemption or exclusion under the acts. During this reporting period, records prepared in response to 175 written parliamentary questions were reviewed as well as one evaluation report.

The administration of the legislation within the Agency is also facilitated at the branch and regional office levels. Each organizational sector has a Liaison Officer who coordinates the records-retrieval process. The ATIP staff considers the feedback received from staff in the offices of primary interest as part of the analysis of records.

3. Delegation of authority

For the purpose of the Access to Information Act, the President delegated full authority to the Vice‑President, Finance and Corporate Services and Corporate Secretary and partial authority to the ATIP Coordinator.

A copy of the signed delegation instrument for the Access to Information Act is attached in Annex A.

4. Interpretation of the Statistical Report

The following is provided to assist the reader in the interpretation of the information reported in Annex B.

Requests received and closed

The Agency received 45 requests in 2014‑2015, nine of which were transferred in upon the dissolution of the former Enterprise Cape Breton Corporation. This represents an increase of approximately 60 per cent over the previous period. The total caseload consisted of 52 requests with the seven requests carried forward from the previous reporting period.

The following table shows the trend in the number of requests received by source over the last 10 fiscal years.

Fiscal Year 05-06 06-07 07-08 08-09 09-10 10-11 11-12 12-13 13-14 14-15
Media 36 19 12 10 9 9 34 12 9 5
Business 18 24 15 11 6 4 3 5 5 13
Organization 5 13 13 10 8 5 1 5 6 7
Public 26 13 7 3 12 11 4 10 8 18
Academia 0 0 0 3 0 1 0 0 0 2
Declined to Identify 0 0 0 0 0 0 0 0 0 0
Total 85 69 47 37 35 30 42 32 28 45

A total of 42 requests were closed during the reporting period. The following table provides details on the completion time for these requests.

Number of requests Number of days required to process Percentage of requests
15 30 days or less 36
2 31 to 60 days 5
10 61 to 120 days 24
15 121 days or more 35

Exemptions and Exclusions

The two major exemptions invoked during this reporting period were the ones related to personal information (section 19) and to the operations of government (section 21).

Subsection 68(a) was invoked to exclude information already in the public domain and subsection 69(1) was invoked to exclude Cabinet confidences.

Format of information released

The Agency provided paper copies of records in response to 20 requests; the other response packages were provided in electronic format, as requested.

Complexities

Responding to the access requests involved the review of 7,272 pages of records; the content of 3,229 pages was disclosed. The following table provides additional information regarding the 3,229 pages disclosed.

Number of Requests Number of Pages Processed Total Pages Disclosed
23 between 1 and 100 pages 122
11 between 101 and 500 pages 1,220
1 between 501 and 1,000 pages 482
2 between 1001 and 5000 pages 1,405

Nine requests closed during the reporting period required that the Agency initiate:

Extensions

The statutory time limit to respond was extended for 27 access requests as follows:

Number of requests Length of extension
4 30 days or less
9 31 to 90 days
1 91 to 120 days
13 121 days or more

Extensions were taken pursuant to paragraphs:

Fees

The Access to Information Act authorizes fees for certain activities related to the processing of formal requests under the act. In addition to a $5 application fee, search, preparation and reproduction charges may also apply. The current fee structure is specified in the Access to Information Regulations. No fees are imposed for reviewing records, overhead or shipping costs. Moreover, in accordance with section 11 of the act, no fees are charged for the first five hours required to search records or to prepare any part of these records for disclosure.

In accordance with Treasury Board guidelines, the Agency routinely waives fees under $25. For fees over $25, the Agency examines each request on a case-by-case basis, taking into account the cost of processing each request and the degree of public benefit derived from the release of the information. No reproduction fees were collected by the Agency for this reporting period.

The Agency collected a total of $110 to cover the application fees for 22 of the 42 requests closed during the reporting period. The application fees for 10 requests transferred to the Agency were collected by other institutions. The Agency waived the application fee for nine requests and did not collect the fee for one request that was subsequently abandoned. Search fees totaling $947 and reproduction fees totaling $645 were also waived as it was determined that the release of the information was in the public interest.

Consultations received

The Agency responded to 34 consultations from other government institutions involving the review of 1,363 pages during the reporting period. Responses to 31 (91 per cent) consultations were sent out within 30 days.

Consultations on Cabinet Confidences

The Agency consulted with its Legal Services Unit on the application of section 69 of the act to protect Cabinet Confidences found in records relevant to two requests.

Costs

In 2014‑2015, the direct cost of administering the Access to Information Act was $170,107. This amount includes $158,637 in salary costs and $11,470 in administrative costs.

When compared to the previous reporting period, this represents an increase of $38,418 in salary costs, and an increase of $2,061 in administrative costs. The increase in salary cost is related to a temporary ATIP officer hired to assist with the increased workload. The additional administrative costs were for employee training.

5. Education and Training Activities

Awareness sessions on the requirements of the Access to Information Act are made available upon request to all employees of the Agency and to ministerial staff. In May 2014, the ATIP Coordinator delivered an information session to a total of five employees from the Minister’s Office and the Ministerial Liaison Office in Ottawa. Many informal briefings were provided to Agency employees who requested clarifications on the requirements of the Access to Information Act during the reporting period.

6. Policies, Guidelines and Procedures

The Agency did not implement new or revised access to information policies, guidelines or procedures during the reporting period.

7. Complaints, Audits and Investigations

In 2014‑2015, two requesters complained to the Office of the Information Commissioner (OIC) when the Agency notified them that it had no records in response to their requests. The two complaints were subsequently abandoned. The Agency is currently working with the OIC to resolve a complaint filed against the former Enterprise Cape Breton Corporation.

The OIC also completed its investigation regarding a complaint made in December 2012 by a requester who alleged that ACOA had improperly applied exemptions and that it had failed to respond within the time frame set out by the act. Both complaints were closed in June 2014 as resolved, with remedial action taken. The Agency released additional information and the requester was advised that ACOA had properly exercised its discretion to withhold information under section 23 (solicitor-client privilege). In regard to the delay complaint, the OIC reminded the Agency of its obligation to respond within legislated timelines and advised it to better manage the time required to complete consultations.

No audits or investigation were concluded during the reporting period.

8. Monitoring

A weekly status report is prepared for the ATIP Coordinator to monitor the time required to process access to information requests. A copy of the report is shared with the Ministerial Liaison Office and a representative from the Communications Branch at head office.

Annex A

The Access to Information Act Delegation Order

Pursuant to the sections 73 of the Access to Information Act (s.c.1980-81-82-83, c. 113, Sch. 1), the President of the Atlantic Canada Opportunities Agency herby designates the persons holding the positions identified in the attached Delegation Instruments to exercise or perform any of the powers, duties or functions of the President as the head of the government institution under these Acts.

Original signed by Paul LeBlanc, President for the purpose of the Atlantic Canada Opportunities Agency Act on November 19, 2010.

Access to Information Act Delegation Instrument

The Vice-President of Finance and Corporate Services and Corporate Secretary has been delegated responsibility for the following sections of the Act:

7(a) Notice where access requested 8(1) Transfer to - transfer from institution 9 Extension of time limits 11(2), (3), (4), (5), (6) Additional fees 12(2)(3) Language of access and alternative format 13 Information obtained in confidence 14 Federal-Provincial affairs 15(1) International affairs and defence 16 Law enforcement and investigations 17 Safety of individuals 18 Economic interests of Canada 19 Personal information 20(1)(2)(3) Third party information 20(5) Disclosure if a supplier consents 20(6) Disclosure if in public interest 21 Advice 22 Testing procedures 23 Solicitor/client privilege 24 Statutory prohibitions 25 Severance 26 Information to be published 27(1)(4) Third party notification 28(1)(2)(4) Third party notification 29(1) Disclosure on recommendation of Information Commissioner 33 Advise Information Commissioner of third party involvement 35(2) Right to make representations 37(4) Access to be given complainant 43(1) Notice to third parties (application to Federal Court for review) 44(2) Notice to applicant (application to Federal Court by third party) 52(2) and (3) Special rules for hearings 69 Excluded information

The Director/Coordinator of Access to Information and Privacy has been delegated responsibility for the following sections of the Act:

7(a) Notice where access requested 8(1) Transfer to - transfer from institution 9 Extension of time limits 11(2), (3), (4), (5), (6) Additional fees 12(2)(3) Language of access and alternative format 27(1)(4) Third party notification 28(1)(2)(4) Third party notification 33 Advise Information Commissioner of third party involvement 35(2) Right to make representations 37(4) Access to be given complainant 43(1) Notice to third parties (application to Federal Court for review) 44(2) Notice to applicant (application to Federal Court by third party) 52(2) and (3) Special rules for hearings

Annex B

Statistical Report on the Access to Information Act

Name of the Institution: Atlantic Canada Opportunities Agency

Reporting Period: April 1 2014 to March 31, 2015

PART 1 - Requests under the Access to Information Act

1.1 Number of requests

Number of Requests
Received during reporting period 45
Outstanding from previous reporting period 7
Total 52
Closed during reporting period 42
Carried over to next reporting period 10

1.2 Sources of requests

Source Number of Requests
Media 5
Academia 2
Business (private sector) 13
Organization 7

Public

18
Decline to Identify 0
Total 45

1.3 Informal requests

Completion time of 1 to 15 days Completion time of 16 to 30 days Completion time of 31 to 60 days Completion time of 61 to 120 days
15 2 1 0

1.3 Informal requests (continued)

Completion time of 121 to 180 Days Completion time of 181 to 365 days Completion time of more than 365 days

Total of informal requests

0 0 0 18

Part 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time

Disposition of Requests Number of requests with a completion time of 1 to 15 days Number of requests with a completion time of 16 to 30 days Number of requests with a completion time of 31 to 60 days Number of requests with a completion time of 61 to 120 days
All disclosed 0 0 0 2
Disclosed in part 0 0 2 7
All exempted 0 0 0 1
All excluded 0 0 0 0
No records exist 2 2 0 0
Request transferred 0 0 0 0
Request abandoned 11 0 0 0
Neither confirmed nor denied 0 0 0 0
Total 13 2 2 10

2.1 Disposition and completion time (continued)

Disposition of Requests Number of requests with a completion time of 121 to 180 Days Number of requests with a completion time of 181 to 365 Days Number of requests with a completion time of More Than 365 Days Total number of requests
All disclosed 1 0 0 3
Disclosed in part 5 5 0 19
All exempted 0 0 0 1
All excluded 1 0 0 1
No records exist 1 0 0 5
Request transferred 0 0 0 0
Request abandoned 0 2 0 13
Neither confirmed nor denied 0 0 0 0
Total 8 7 0 42

2.2 Exemptions

Section Number of Requests Section Number of Requests Section Number of Requests Section Number of Requests
13(1)(a) 0 16(2) 0 18(a) 1 20.1 0
13(1)(b) 0 16(2)(a) 0 18(b) 0 20.2 0
13(1)(c) 2 16(2)(b) 0 18(c) 0 20.4 0
13(1)(d) 2 16(2)(c) 2 18(d) 0 21(1)(a) 9
13(1)(e) 0 16(3) 0 18.1(1)(a) 0 21(1)(b) 12
14 0 16.1(1)(a) 0 18.1(1)(b) 0 21(1)(c) 6
14(a) 3 16.1(1)(b) 0 18.1(1)(c) 0 21(1)(d) 1
14(b) 0 16.1(1)(c) 0 18.1(1)(d) 0 22 1
15(1) 1 16.1(1)(d) 0 19(1) 15 22.1(1) 0
15(1) - I.A.* 0 16.2(1) 0 20(1)(a) 0 23 8
15(1) - Def.* 0 16.3 0 20(1)(b) 7 24(1) 0
15(1) - S.A.* 0 16.4(1)(a) 0 20(1)(b.1) 1 26 0
16(1)(a)(i) 0 16.4(1)(b) 0 20(1)(c) 1
16(1)(a)(ii) 0 16.5 1 20(1)(d) 5
16(1)(a)(iii) 0 17 0
16(1)(b) 0 * I.A.: International Affairs Def.: Defence of Canada S.A.: Subversive Activities
16(1)(c) 0
16(1)(d) 0

2.3 Exclusions

Section Number of Requests Section Number of Requests Section Number of Requests
68(a) 7 69(1) 0 69(1)(g) re (a) 0
68(b) 0 69(1)(a) 0 69(1)(g) re (b) 0
68(c) 0 69(1)(b) 0 69(1)(g) re (c) 0
68.1 0 69(1)(c) 0 69(1)(g) re (d) 1
68.2(a) 0 69(1)(d) 1 69(1)(g) re (e) 0
68.2(b) 0 69(1)(e) 2 69(1)(g) re (f) 0
69(1)(f) 0 69.1(1) 0

2.4 Format of information released

Disposition Paper Electronic Other Formats
All disclosed 3 0 0
Disclosed in part 17 2 0
Total 20 2 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed

Disposition of Requests Number of Pages Processed Number of Pages Disclosed Number of Requests
All disclosed 45 44 3
Disclosed in part 6,996 3,185 19
All exempted 14 0 1
All excluded 217 0 1
Request abandoned 0 0 13
Neither confirmed nor denied 0 0 0

2.5.2 Relevant pages processed and disclosed by size of requests

Disposition Number of requests which had less than 100 pages processed Number of Pages disclosed Number of requests which had 101 to 500 pages processed Number of pages disclosed Number of requests which had 501 to 1,000 pages processed Number of pages disclosed
All disclosed 3 44 0 0 0 0
Disclosed in part 6 78 10 1,220 1 482
All exempted 1 0 0 0 0 0
All excluded 0 0 1 0 0 0
Request abandoned 13 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Total 23 122 11 1,220 1 482

2.5.2 Relevant pages processed and disclosed by size of requests (continued)

Disposition Number of requests which had 1,001 to 5,000 pages processed Number of Pages disclosed Number of Requests which had more than 5,000 pages processed Number of pages disclosed
All disclosed 0 0 0 0
Disclosed in part 2 1,405 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
Total 2 1,405 0 0

2.5.3 Other complexities

Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 3 0 0 0 3
Disclosed in part 17 0 2 0 19
All exempted 1 0 0 0 1
All excluded 1 0 0 0 1
Request abandoned 1 0 0 0 1
Neither confirmed nor denied 0 0 0 0 0
Total 23 0 2 0 25

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline

Number of Requests Closed Past the Statutory Deadline Workload as the principal reason External Consultation as the principal reason Internal Consultation as the principal reason Other
6 4 0 2 0

2.6.2 Number of days past deadline

Number of Days Past Deadline Number of Requests Past Deadline Where No Extension Was Taken Number of Requests Past Deadline Where An Extension Was Taken Total
1 to 15 days 0 2 2
16 to 30 days 0 0 0
31 to 60 days 0 3 3
61 to 120 days 0 1 1
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 6 6

2.7 Requests for translation

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

Part 3: Extensions

3.1 Reasons for extensions and disposition of requests

Disposition of Requests Where an Extension Was Taken 9(1)(a) Interference With Operations 9(1)(b) Consultation Section 69 9(1)(b) Consultation Other 9(1)(c) Third-Party Notice
All disclosed 1 0 1 2
Disclosed in part 7 2 11 8
All exempted 0 0 0 1
All excluded 0 0 1 0
No records exist 1 0 1 0
Request abandoned 2 0 2 0
Total 11 2 16 11

3.2 Length of extensions

Length of Extensions 9(1)(a) Interference With Operations 9(1)(b) Consultation Section 69 9(1)(b) Consultation Other 9(1)(c)Third-Party Notice
30 days or less 8 0 7 0
31 to 60 days 1 0 1 5
61 to 120 days 2 0 0 4
121 to 180 days 0 2 8 0
181 to 365 days 0 0 0 2
365 days or more 0 0 0 0
Total 11 2 16 11

Part 4: Fees

Fee Type Number of Requests Amount of Fee Collected Number of Requests Amount Fee Waived or Refunded
Application 22 $110.00 9 $45.00
Search 0 $0.00 13 $947.00
Production 0 $0.00 0 $0
Programming 0 $0.00 0 $0
Preparation 0 $0.00 0 $0
Alternative format 0 $0.00 0 $0
Reproduction 0 $0.00 19 $645.00
Total 22 $110.00 41 $1,637.00

Part 5: Consultations Received From Other Institutions and Organizations

5.1 Consultations received from other Government of Canada 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 34 1,363 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 34 1,363 0 0
Closed during the reporting period 34 1,363 0 0
Pending at the end of the reporting period 0 0 0 0

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

Recommendation 1 to 15 days required to complete consultation requests 16 to 30 days required to complete consultation requests 31 to 60 days required to complete consultation requests 61 to 120 days required to complete consultation requests
Disclose entirely 23 3 0 0
Disclose in part 5 0 1 0
Exempt entirely 1 0 0 0
Exclude entirely 0 0 0 0
Consult other institution 0 0 0 0
Other 0 0 1 0
Total 29 3 2 0

5.2 Recommendations and completion time for consultations received from other Government of Canada institutions (continued)

Recommendation 121 to 180 days required to complete consultation requests 181 to 365 days required to complete consultation requests More Than 365 days required to complete consultation requests Total number of consultation requests
Disclose entirely 0 0 0 26
Disclose in part 0 0 0 6
Exempt entirely 0 0 0 1
Exclude entirely 0 0 0 0
Consult other institution 0 0 0 0
Other 0 0 0 1
Total 0 0 0 34

5.3 Recommendations and completion time for consultations received from other organizations

Recommendation 1 to 15 days required to complete consultation Requests 16 to 30 days required to complete consultation Requests 31 to 60 days required to complete consultation Requests 61 to 120 days required to complete consultation Requests
Disclose entirely 0 0 0 0
Disclose in part 0 0 0 0
Exempt entirely 0 0 0 0
Exclude entirely 0 0 0 0
Consult other institution 0 0 0 0
Other 0 0 0 0
Total 0 0 0 0

5.3 Recommendations and completion time for consultations received from other organizations (continued)

Recommendation 121 to 180 days required to complete consultation Requests 181 to 365 days required to complete consultation Requests More Than 365 days required to complete consultation Requests Total number of consultations received
Disclose entirely 0 0 0 0
Disclose in part 0 0 0 0
Exempt entirely 0 0 0 0
Exclude entirely 0 0 0 0
Consult other institution 0 0 0 0
Other 0 0 0 0
Total 0 0 0 0

Part 6: Completion Time of Consultations on Cabinet Confidences

6.1 Requests with Legal Services

Number of Days Number of Requests which had fewer than 100 pages processed Number of pages disclosed Number of Requests which had 101 to 500 pages processed Number of pages disclosed Number of Requests which had 501 to 1,000 pages processed Number of pages disclosed
1 to 15 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0
31 to 60 1 1 1 0 0 0
61 to 120 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0
More than 365 0 0 0 0 0 0
Total 1 1 1 0 0 0

6.1 Requests with Legal Services (continued)

Number of Days Number of Requests which had 1,001 to 5000 pages processed Number of pages disclosed Number of Requests which had more than 5,000 pages processed Number of pages disclosed
1 to 15 0 0 0 0
16 to 30 0 0 0 0
31 to 60 0 0 0 0
61 to 120 0 0 0 0
121 to 180 0 0 0 0
181 to 365 0 0 0 0
More than 365 0 0 0 0
Total 0 0 0 0

6.2 Requests with Privy Council Office

Number of Days Number of Requests which had fewer than 100 pages processed Number of pages disclosed Number of Requests which had 101 to 500 pages processed Number of pages Disclosed Number of Requests which had 501 to 1,000 pages processed Number of pages Disclosed
1 to 15 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0
More than 365 0 0 0 0 0 0
Total 0 0 0 0 0 0

6.2 Requests with Privy Council Office (continued)

Number of Days Number of Requests which had 1,001 to 5,000 pages processed Number of pages disclosed Number of Requests which had more than 5,000 pages processed Number of pages disclosed
1 to 15 0 0 0 0
16 to 30 0 0 0 0
31 to 60 0 0 0 0
61 to 120 0 0 0 0
121 to 180 0 0 0 0
181 to 365 0 0 0 0
More than 365 0 0 0 0
Total 0 0 0 0

Part 7: Complaints and Investigations

Section 32 Section 35 Section 37 Total
2 0 4 6

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

9.1 Costs

Expenditures Amount
Salaries $158,637
Overtime $0
Goods and Services (Other) $11,470
Total $170,107

9.2 Human Resources

Resources Person Years Dedicated to Access to Information Activities
Full-time employees 1.79
Part-time and casual employees 0.33
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 2.12

 

Part II: Report on the Privacy Act

1. Introduction

The Privacy Act gives individuals the right to access their personal information and request corrections to their personal information held by federal institutions listed in the schedule of the act. This law also imposes obligations on those institutions to respect privacy rights by limiting the collection, use and disclosure of personal information.

This report is prepared in accordance with section 72 of the Privacy Act, which requires that the head of every government institution prepare, for tabling in Parliament, an annual report on the administration of the act.

This annual report is intended to describe how the Atlantic Canada Opportunities Agency (ACOA) administered its responsibilities in the operation of the Privacy Act. This report will be published on ACOA’s website.

The Agency’s mandate is to increase opportunity for economic development in Atlantic Canada and, more particularly, to enhance the growth of earned incomes and employment opportunities in that region.

2. How ACOA Fulfills its Responsibilities

The Access to Information and Privacy (ATIP) Directorate has two employees located at ACOA’s head office in Moncton, N.B., to oversee the administration of the Access to Information Act and the Privacy Act. The ATIP Coordinator is responsible for reviewing all records requested under the act and preparing responses for the approval of the Vice‑President, Finance and Corporate Services and Corporate Secretary. The ATIP Coordinator also provides advice and guidance to staff regarding their responsibilities under the ATIP legislation. The ATIP Directorate also has one employee who provides administrative services and processes completed access requests.

In addition to processing access requests, the ATIP Coordinator also reviews various records before they are released to ensure that they do not contain information that would be subject to exemption or exclusion under the acts. During this reporting period, records prepared in response to 175 written parliamentary questions were reviewed as well as one evaluation report.

The administration of the legislation within the Agency is also facilitated at the branch and regional office levels. Each organizational sector has a Liaison Officer who coordinates the records-retrieval process. The ATIP coordinator considers the feedback received from staff in the offices of primary interest as part of the analysis of records.

3. Delegation of Authority

For the purpose of the Privacy Act, the President delegated full authority to the Vice‑President, Finance and Corporate Services and Corporate Secretary and partial authority to the ATIP Coordinator.

A copy of the signed delegation instrument for the Privacy Act is attached in Annex A.

4. Interpretation of the Statistical Report

The statistical report is attached in Annex B. The Agency received only two requests under the Privacy Act during the reporting period, one of which could not be processed as no relevant records were available. The other was carried over to the next reporting period.

The cost of administering the Privacy Act in 2014-2015 was $21,187, consisting of a portion of the ATIP Coordinator’s salary and travel costs. This represents a decrease of $12,965, which is linked to the limited workload.

Privacy requests received and closed

The Agency’s caseload for fiscal year 2014-2015 consisted of two requests, including one request carried forward from the previous reporting period and one new request. Both requests were closed within 30 days; one requester abandoned his privacy request and the Agency notified the other requester that it had no records relevant to the request.

The following table shows the trend in the number of requests received over the last 10 fiscal years.

Fiscal Year 05-06 06-07 07-08 08-09 09-10 10-11 11-12 12-13 13-14 14-15
Totals 0 0 0 0 1 0 0 2 2 1

5. Education and Training Activities

Awareness sessions on the requirements of the Access to Information Act and Privacy Act are made available upon request to all employees of the Agency and to ministerial staff.

The ATIP staff sensitizes and guides the Agency’s employees, third parties and requesters on the requirements of the Privacy Act by means of ongoing dialogue.

No formal training was provided.

6. Policies, Guidelines and Procedures

In 2014-2015, the Agency implemented procedures to address privacy breaches.

7. Complaints, audits and investigations

No privacy complaints were received and no investigations or audits were concluded during this reporting period.

8. Monitoring

Due to the limited number of requests received, the Agency did not monitor the time needed to process privacy requests or requests for the correction of personal information.

9. Privacy Breaches

No material privacy breaches occurred during the reporting period.

10. Privacy Impact Assessments

There were no requirements for privacy impact assessments in 2014-2015.

11. Authorized disclosures under the Privacy Act

The Agency did not disclose personal information pursuant to paragraph 8(2)(m) of the act in 2014-2015.

Annex A

Privacy Act Delegation Order

The Vice-President of Finance and Corporate Services and Corporate Secretary has been delegated responsibility for the following sections of the Privacy Act:

8(2)(j) disclose personal information for research purposes 8(2)(m) disclose personal information in the public interest or in the interest of the individual 8(4) retain copy of 8(2)(e) requests and disclosed records 8(5) notify Privacy Commissioner of 8(2)(m) disclosures 9(1) retain record of use 9(4) notify Privacy Commissioner of consistent use and amend index 10 include personal information in personal information banks 14 respond to request for access within 30 days; give access or give notice 15 extend time limit for responding to request for access 17(2)(b) decide whether to translate requested information 18(2) may refuse to disclose information contained in an exempt bank 19(1) shall refuse to disclose information obtained in confidence from another government 19(2) may disclose any information referred to in 19(1) if the other government consents to the disclosure or makes the information public 20 may refuse to disclose information injurious to the conduct of federal-provincial affairs 21 may refuse to disclose information injurious to international affairs or defence 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 23 may refuse to disclose information prepared by an investigative body for security clearances 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 25 may refuse to disclose information which could threaten the safety of individuals 26 may refuse to disclose information about another individual, and shall refuse to disclose such information where disclosure is prohibited under Section 8 27 may refuse to disclose information subject to solicitor-client privilege 28 may refuse to disclose information relating to the individual’s physical or mental health where disclosure is contrary to the best interests of the individual 31 receive notice of investigation by the Privacy Commissioner 33(2) right to make representations to the Privacy Commissioner during an investigation 35(1) receive Privacy Commissioner’s report of findings of the investigation and give notice of action taken 35(4) give complainant access to information after 35(1)(b) notice 36(3) receive Privacy Commissioner’s report of findings of investigation of exempt bank 37(3) receive report of Privacy Commissioner’s findings after compliance investigation 51(2)(b) request that Section 51 hearing be held in the National Capital Region 51(3) request and be given right to make representations in Section 51 hearings

The Director/Coordinator of Access to Information and Privacy has been delegated responsibility for the following sections of the Privacy Act:

8(2)(j) disclose personal information for research purposes 8(2)(m) disclose personal information in the public interest or in the interest of the individual 8(4) retain copy of 8(2)(e) requests and disclosed records 8(5) notify Privacy Commissioner of 8(2)(m) disclosures 9(1) retain record of use 9(4) notify Privacy Commissioner of consistent use and amend index 10 include personal information in personal information banks 14 respond to request for access within 30 days; give access or give notice 15 extend time limit for responding to request for access 17(2)(b) decide whether to translate requested information 31 receive notice of investigation by the Privacy Commissioner 33(2) right to make representations to the Privacy Commissioner during an investigation 35(1) receive Privacy Commissioner’s report of findings of the investigation and give notice of action taken 35(4) give complainant access to information after 35(1)(b) notice 36(3) receive Privacy Commissioner’s report of findings of investigation of exempt bank 37(3) receive report of Privacy Commissioner’s findings after compliance investigation 51(2)(b) request that Section 51 hearing be held in the National Capital Region 51(3) request and be given right to make representations in Section 51 hearings

Annex B

Statistical Report on the Privacy Act

Name of Institution: Atlantic Canada Opportunities Agency

Reporting Period: April 1, 2014 to March 31, 2015

Part 1 - Requests under the Privacy Act

Number of Requests
Received during reporting period 1
Outstanding from previous reporting period 1
Total 2
Closed during reporting period 2
Carried over to next reporting period 0

Part 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time

Disposition of Requests Completion time of 1 to 15 days Completion time of 16 to 30 days Completion time of 31 to 60 days Completion time of 61 to 120 days
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 1 0 0
Request abandoned 1 0 0 0
Neither confirmed nor denied 0 0 0 0
Total 1 1 0 0

2.1 Disposition and completion time (continued)

Disposition of Requests Completion time of 121 to 180 days Completion time of 181 to 365 days Completion time of more than 365 days Total number of requests
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 1
Request abandoned 0 0 0 1
Neither confirmed nor denied 0 0 0 0
Total 0 0 0 2

2.2 Exemptions

Section Number of Requests Section Number of Requests Section Number of Requests
18(2) 0 22(1)(a)(i) 0 23(a) 0
19(1)(a) 0 22(1)(a)(ii) 0 23(b) 0
19(1)(b) 0 22(1)(a)(iii) 0 24(a) 0
19(1)(c) 0 22(1)(b) 0 24(b) 0
19(1)(d) 0 22(1)(c) 0 25 0
19(1)(e) 0 22(2) 0 26 0
19(1)(f) 0 22.1 0 27 0
20 0 22.2 0 28 0
21 0 22.3 0

2.3 Exclusions

Section Number of Requests Section Number of Requests Section Number of Requests
69(1)(a) 0 70(1) 0 70(1)(d) 0
69(1)(b) 0 70(1)(a) 0 70(1)(e) 0
69.1 0 70(1)(b) 0 70(1)(f) 0
70(1)(c) 0 70.1 0

2.4 Format of information released

Disposition Paper Electronic Other formats
All disclosed 0 0 0
Disclosed in part 0 0 0
Total 0 0 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed

Disposition of Requests Number of Pages Processed Number of Pages Disclosed Number of Requests
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 1
Neither confirmed nor denied 0 0 0
Total 0 0 1

2.5.2 Relevant pages processed and disclosed by size of requests

Disposition Number of requests which had less than 100 pages processed Number of pages disclosed Number of requests which had 101 to 500 pages processed Number of pages disclosed Number of requests which had 501 to 1,000 pages processed Number of pages disclosed
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 1 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Total 1 0 0 0 0 0

2.5.2 Relevant pages processed and disclosed by size of requests (continued)

Disposition Number of Requests which had 1,001 to 5,000 pages processed Number of Pages Disclosed Number of Requests which had more than 5,000 pages processed Number of pages disclosed
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
Total 0 0 0 0

2.5.3 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

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline

Number of Requests Closed Past the Statutory Deadline Workload as principal reason External Consultation as principal reason Internal Consultation as principal reason Other
0 0 0 0 0

2.6.2 Number of days past deadline

Number of Days Past Deadline Number of Requests Past Deadline Where No Extension Was Taken Number of Requests Past Deadline Where An Extension Was Taken Total number of requests
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

2.7 Requests for translation

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

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

Paragraph 8(2)(e) Paragraph 8(2)(m) Subsection 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

5.1 Reasons for extensions and disposition of requests

Disposition of requests where an Extension Was Taken 15(a)(i) Interference With Operations 15(a)(ii) Consultations - Section 70 15(a)(ii) Consultations - Other 15(b) Translation or Conversion
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

5.2 Length of extensions

Length of Extensions 15(a)(i) Interference with operations 15(a)(ii) Consultation - Section 70 15(a)(ii) Consultation - Other 15(b) Translation purposes
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

6.1 Consultations received from other Government of Canada institutions and other organizations

Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during 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
Pending at the end of the reporting period 0 0 0 0

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

Recommendation 1 to 15 days required to complete consultations 16 to 30 days required to complete consultations 31 to 60 days required to complete consultations 61 to 120 days required to complete consultations
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
Consult other institution 0 0 0 0
Other 0 0 0 0
Total 0 0 0 0

6.2 Recommendations and completion time for consultations received from other Government of Canada institutions (continued)

Recommendation 121 to 180 days required to complete consultations 181 to 365 days required to complete consultations More Than 365 days required to complete consultations Total number of consultations
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
Consult other institution 0 0 0 0
Other 0 0 0 0
Total 0 0 0 0

6.3 Recommendations and completion time for consultations received from other organizations

Recommendation 1 to 15 days required to complete consultations 16 to 30 days required to complete consultations 31 to 60 days required to complete consultations 61 to 120 days required to complete consultations
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
Consult other institution 0 0 0 0
Other 0 0 0 0
Total 0 0 0 0

6.3 Recommendations and completion time for consultations received from other organizations (continued)

Recommendation 121 to 180 days required to complete consultations 181 to 365 days required to complete consultations More Than 365 days required to complete consultations 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
Consult other institution 0 0 0 0
Other 0 0 0 0
Total 0 0 0 0

Part 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

Number of Days Number of requests which had less than 100 pages processed Number of pages disclosed Number of requests which had between 101 and 500 pages processed Number of pages disclosed Number of Requests which had between 501 and 1,000 pages processed Number of pages disclosed
1 to 15 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0
More than 365 0 0 0 0 0 0
Total 0 0 0 0 0 0

7.1 Requests with Legal Services (continued)

Number of Days Number of Requests which had between 1,001 and 5,000 pages processed Number of pages disclosed Number of Requests with more than 5,000 pages processed Number of pages disclosed
1 to 15 0 0 0 0
16 to 30 0 0 0 0
31 to 60 0 0 0 0
61 to 120 0 0 0 0
121 to 180 0 0 0 0
181 to 365 0 0 0 0
More than 365 0 0 0 0
Total 0 0 0 0

7.2 Requests with Privy Council Office

Number of Days Number of requests which had less than 100 pages processed Number of pages disclosed Number of requests which had between 101 and 500 pages processed Number of pages disclosed Number of Requests which had between 501 and 1,000 pages processed Number of pages disclosed
1 to 15 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0
More than 365 0 0 0 0 0 0
Total 0 0 0 0 0 0

7.2 Requests with Privy Council Office (continued)

Number of Days Number of Requests which had between 1,001 and 5,000 pages processed Number of pages disclosed Number of Requests with more than 5,000 pages processed Number of pages disclosed
1 to 15 0 0 0 0
16 to 30 0 0 0 0
31 to 60 0 0 0 0
61 to 120 0 0 0 0
121 to 180 0 0 0 0
181 to 365 0 0 0 0
More than 365 0 0 0 0
Total 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

10.1 Costs

Expenditures Amount
Salaries $20,550
Overtime $0
Goods and Services (Other) $637
Total $21,187

10.2 Human Resources

Resources Person Years Dedicated to Privacy Activities
Full-time employees 0.00
Part-time and casual employees 0.20
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 0.20
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