Annual Report on the Administration of the Access to Information Act and the Privacy Act - Employment and Social Development Canada 2019 to 2020

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Acronyms

CERB
Canada Emergency Response Benefit
DESDA
The Department of Employment and Social Development Act
ESDC
Employment and Social Development Canada’s
ATIP Operations
Privacy Operations Division
ATIP Operations
Access to Information and Privacy Operations Division
PMD
Privacy Management Division
PIA
privacy impact assessments
ATIA
Access to Information Act
OPI
Offices of Primary Interest
OIC
Office of the Information Commissioner
OPC
Office of the Privacy Commissioner
TBS
Treasury Board Secretariat
SIWB
Stewardship of Information and Workplace Behaviours
IRCC
Immigration, Refugees and Citizenship Canada
GAC
Global Affairs Canada

Introduction

Presentation of the Report

Section 94 of the Access to Information Act and Section 72 of the Privacy Act requires the head of a federal institution to submit an annual report to Parliament on the administration of each Act following the end of every fiscal year. Employment and Social Development Canada (ESDC) is pleased to present to Parliament its integrated annual report on the administration of the Access to Information Act and the Privacy Act for the 2019 to 2020 fiscal year.

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 is reported in accordance with the requirements of section 20 of the Service Fees Act, in section 6 of this report.

About Employment and Social Development Canada

ESDC, which includes the Labour Program and Service Canada, delivers many federal programs and services. Given the broad scope of its mandate, it is amongst the largest and most decentralized federal institutions.

ESDC’s programs and services play an important role in the lives of Canadians. For example, the Department provides income support to the unemployed and pension income to seniors. In addition, during the final month of the 2019 to 2020 year, ESDC was at the forefront of Canada’s efforts to mitigate the social and economic impacts of the COVID-19 pandemic. This included, during March 2020 the launch of work to develop the Canada Emergency Response Benefit (CERB) and targeted support for students and seniors amongst others.

The Labour Program contributes to social and economic well-being by fostering safe, healthy, fair and inclusive work environments, and cooperative workplace relations in workplaces falling under federal jurisdiction. The Labour Program also supplies labour relations mediation services, enforces minimum working conditions, promotes decent work and fosters respect for international labour standards. As with other parts of the Department, the Labour program responded with agility and flexibility to the pandemic.

The Department’s service delivery arm, Service Canada, provides Canadians with a single point of access to ESDC programs and benefits, as well as to other Government of Canada programs and services. The Department’s service delivery arm, Service Canada, provides Canadians with a single point of access to ESDC programs and benefits, as well as to other Government of Canada programs and services. Although the COVID-19 pandemic had a direct impact on Service Canada’s ability to provide in-person services toward the end of March 2020, online and phone services continued to provide service to Canadians.

About the Access to Information Act and the Privacy Act

The Access to Information Act provides Canadian citizens, permanent residents, and any individual or corporation present in Canada a right to access records of government institutions that are subject to the ActFootnote 1. This right is subject to limited and specific exemptions and exclusions, and in accordance with the principle that government information should be available to the public. The Government of Canada brought forth new legislative requirements under the Act in 2019 mandating departments to, among other things, proactively publish frequently requested information in an effort to further increase transparency and openness.

The Privacy Act protects the privacy of Canadian citizens, permanent residents and individuals present in Canada with respect to their personal information held by a federal government institution that is subject to the Act, and provides them with a right of access to that informationFootnote 2. The Privacy Act sets out provisions for the collection, use, retention and disclosure of personal information by government institutions.

Personal information provisions in the Department of Employment and Social Development Act

In addition to the Privacy Act, the management of personal information by ESDC is governed by statutory obligations set out in the Department’s enabling Act. The Department of Employment and Social Development Act (DESDA) sets out the rules that apply to personal information controlled by ESDC. These provisions set out the conditions for:

Where the Department delivers services to the public on behalf of other federal institutions and jurisdictions or when delivering select services for the Government of Canada, the partner’s privacy regime (normally the Privacy Act for federal partners) would apply instead.

2. Organizational structure

Corporate Secretary and Chief Privacy Officer

Employment and Social Development Canada’s (ESDC) Corporate Secretariat Branch is responsible for the Department’s access to information program, issuing and managing privacy management policy, the provision of privacy advice and guidance, and privacy operations in the National Capital Region. These functions are carried out by ESDC’s Access to Information and Privacy Operations Division (ATIP Operations), and the Privacy Management Division (PMD).

The Branch is led by the Corporate Secretary who is ESDC’s designated Chief Privacy Officer, the Department’s functional authority on all privacy matters and the implementation of the privacy management framework. The Chief Privacy Officer’s responsibilities include providing strategic privacy advice and recommendations, maintaining ESDC’s privacy management program, and monitoring compliance to the relevant statutory obligations, policies and standards for privacy.

Access to Information and Privacy Operations Division

The Access to Information and Privacy Operations Division (ATIP Operations) is the departmental focal point for the management and processing of ESDC access to information and privacy requests. It leads and advises on the processing of all ESDC requests under the Access to Information Act, performs line-by-line reviews of records requested under the Access to Information Act and the Privacy Act, and delivers training and awareness sessions to departmental employees on the administration of the Acts. Approximately 22 ATIP Operations employees were dedicated to processing requests during the 2019 to 2020 fiscal year.

The day-to-day administration of the Access to Information Act is a collaborative endeavour between ATIP Operations and the Department’s network of branch Liaison Officers. The regions also play an important role in processing the majority of privacy requests received by the Department. Finally, the Division continues to provide departmental leadership on the 2019 amendments to the the Access to Information Act and the Privacy Act,hereafter referred to as the 2019 ATIA amendments.

In addition to processing requests under the Access to Information Act, ATIP Operations is also responsible for proactively publishing briefing note titles each month. In addition, ATIP Operations reviews (to identify sensitivities such as personal information) all departmental material identified for proactive disclosure or Open Government publishing. Although not accounted for within this report’s statistical information, this review function is an important and growing part of the Division’s workload.

Privacy Management Division

Privacy Management Division (PMD) is the departmental focal point for privacy advice. The Division leads the horizontal implementation of departmental privacy policies and initiatives, conducts risk analysis including privacy impact assessments (PIA), and delivers privacy compliance support for ESDC’s programs and services. PMD also administers legal requests for documents, deals with public interest disclosures and plays a key role in the management and prevention of privacy breaches via privacy training and awareness activities. As of March 31, 2020, PMD had a complement of 31 full-time employees.

COVID-19 operational impact

With the onset of the COVID-19 pandemic at the end of the 2019/2020 fiscal year, the Department redirected all available resources to deliver critical services and departmental employees were called upon to work around the clock to provide essential supports to Canadians. A consequence of this emergency response was its impact on the department’s ability to process ATIP requests in a timely fashion, ultimately affecting ESDC’s ability to respond to requests within the timelines mandated by the Access to Information Act and the Privacy Act. Requesters were advised of possible delays by email and through the ESDC website. ATIP staff began working remotely in March and the Department continued to process ATIP requests to the greatest extent possible. For example, working on the backlog or following up on requests where records, recommendations and approvals had already been received.

COVID-19 had a similar impact on PMD during this time frame resulting in the delay of several PIAs that were poised for end of year approvals.

3. The Privacy Management framework and Privacy Governance in ESDC

Departmental policy on Privacy Management

The Departmental Policy on Privacy Management sustains a robust privacy regime for the protection and judicious use of personal information by Employment and Social Development Canada (ESDC). In addition to codifying the requirements and standards for the management and protection of personal information and articulating clear and universal privacy principles, the policy sets out the Department’s Privacy Management Framework, outlined below, designates the Chief Privacy Officer function, defines roles and responsibilities for personal information, and establishes the Department’s privacy governance mechanisms.

Privacy Management framework

ESDC’s privacy management framework sets out the manner in which the Department organizes itself through structures, policies, systems and procedures to identify privacy responsibilities, coordinate privacy work, manage privacy risks and ensure compliance with privacy legislation. It also promotes a proactive approach for the management of privacy by fostering its integration into the program, system, and business process design. The privacy management framework consists of five elements:

Privacy Governance at ESDC

The Department’s primary governance body for privacy is the director general-level Data and Privacy Committee. It is Co-chaired by the Chief Privacy Officer and the Chief Data Officer. The Data and Privacy Committee oversees the stewardship and management of data and the protection of personal information across the Department. The Committee supports the integration of data management, privacy, and security. It also monitors ESDC’s personal information risk management processes. The Data and Privacy Committee reports to the Assistant Deputy Minister-level Corporate Management Committee.

4. Delegations

Section 73 of both the Access to Information Act and the Privacy Act empower the head of an institution to delegate any of the powers, duties or functions assigned to him or her by these Acts to employees of that institution.

The Minister of Employment, Workforce Development and Disability Inclusion is the Minister responsible for the purposes of the Access to Information Act, the Privacy Act, and the Department’s enabling legislation—the Department of Employment and Social Development Act.

To support the effective and efficient administration of the Access to Information Act, certain delegation authorities were extended to ATIP Operations team leads in March 2020.

The approved Delegation Orders are reproduced in Annex A.

5. Policies, guidelines, procedures and initiatives

Access to Information activities and initiatives

Throughout the 2019 to 2020 reporting period, ESDC sought to implement the 2019 ATIA amendments:

ESDC launched its ATIP modernization initiative during the reporting year and began exploring options for creating a paperless office (e-post, digital signatures, etc.). This work was given increased priority following the announcement of the global pandemic.

Privacy activities and initiatives

During the 2019 to 2020 fiscal year, ESDC continued to advance a proactive, risk-based approach to privacy management. The Department undertook several personal information management initiatives in support of its program and service delivery activities and adapting to the needs of the changing privacy environment.

ESDC reached the mid-point of implementing its Three-year Privacy Management Road Map that is designed to sustain a rigorous privacy regime during a period of change and transformation. Over the course of the reporting period, the Department:

Specialized privacy advisory services were provided for:

At the end of the 2019 to 2020 fiscal year, the response to COVID-19 emergency included:

ESDC completed nine privacy impact assessments, copies of which were provided to the Treasury Board Secretariat, and to the Office of the Privacy Commissioner. Information on these assessments can be found in Annex B and on ESDC’s privacy impact assessments website.

6. Performance reporting

The following section provides key statistics and analysis on Employment and Social Development Canada’s (ESDC) accomplishments in the previous four fiscal years and how the Department contributed to the Government’s agenda in terms of Access to Information and Privacy. Figures 3 through 5 display a four-year comparison to highlight Access to Information Act and the Privacy Act performance trends. Detailed Statistical Reports for both Acts are found in Annex C.

Requests and consultations: total volume

During the 2019 to 2020 fiscal year, ESDC experienced a sizable increase (21%) in combined access to information and privacy requests from 14,347 requests in the 2018 to 2019 fiscal year to 16,801 in the 2019 to 2020 reporting period. During the 2019 to 2020 fiscal year, access to information requests were stable while Privacy Act access requests continued to increase, as they have consistently since the 2015 to 2016 reporting period. Consultations requests also increased year over year.

Figure 1: Access to Information Act (ATIA) and Privacy Act requests – total volume received
Figure  1: Access to  Information Act (ATIA) and Privacy Act requests – total volume received
Text description for Figure 1: Access to Information Act (ATIA), Privacy Act Requests and Consultations:
Total Volume Received
Year Received
2016-2017 10,814
2017-2018 11,049
2018-2019 14,347
2019-2020 17,159
Figure 2: Access to Information Act and Privacy Act consultation requests –total volume received
Figure 2: Access to Information Act and Privacy Act consultation requests –total volume received
Text description for Figure 2: Access to Information Act (ATIA), Privacy Act consultation requests –total volume received
Year Received
2016-2017 193
2017-2018 255
2018-2019 260
2019-2020 358
Figure 3: Summary of requests under the Access to Information Act
Activity 2016 to 2017 2017 to 2018 2018 to 2019 2019 to 2020
Formal requests received under the Access to Information Act 2,268 1,942 1,409 1,396
Requests completed during the reporting periodFootnote 3 2,276 1,899 1,509 1,302
Number of pages processed 438,368* 970,992* 118,818 133,982
Number of requests completed within legislated timeframes (including extensions) 1,748 1,567 1,305 1,094
Number of requests completed beyond legislated timeframes 528 332 204 208
Proportion of requests that were responded to within legislated timeframes 77% 83% 87% 84%
Complaints to the Information Commissioner 23 40 35 52

* Table note: Includes exceptionally large requests containing a very high number of fully released pages

Figure 4: Summary of requests under the Privacy Act
Activity 2016 to 2017 2017 to 2018 2018 to 2019 2019 to 2020
Formal requests received under the Privacy Act 8,353 8,852 12,678 15,405
Requests completed during the reporting period 8,510 8,817 12,260 15,004
Number of requests completed within legislated timeframes (including extensions) 8,439 8,728 12,137 14,949
Number of requests completed beyond legislated timeframes 71 89 123 55
Proportion of requests that were responded to within legislated timeframes 99% 99% 99% 99%
Public interest disclosures 300 329 261 419
Material privacy breachesFootnote 4 141 128 74 210
Complaints to the Privacy Commissioner 22 29 9 16

The Commissioner report’s findings and may make recommendations. As demonstrated in Figure 5, sixteen complaints were made to the Privacy Commissioner during the 2019 to 2020 fiscal year, an increase from the previous year when nine complaints were received although lower than the average for the preceding four years. The number of material privacy breaches increased during the reporting period from 74 in 2018 to 2019 to 210 in 2019 to 2020. The increase, which is evaluated in depth in section 10 of this report, is largely attributable to increased numbers of passports lost in the mail, and a new project to better detect unauthorized views of client information by ESDC employees in 2019.

Total requests received and completed

Access to Information Act

During the 2019 to 2020 fiscal year, ESDC received 1,396 requests under the Access to Information Act, a 1% decrease from the previous fiscal year when the Department received 1,409 requests. This is the third time in recent years that ESDC has observed a decrease in the number of requests received. This decrease can be explained, in part, by new business processes which convert, with the consent of the client, erroneously submitted Access to Information Act requests into more accurate Privacy Act access requests.
There was a reduction in the number of requests closed during the reporting period from 1509 in 2018 to 2019 to 1302 in 2019 to 2020. This reduction is largely due to the initial impact of the COVID-19 pandemic, which resulted in the delay of ATI activities in the final month of the fiscal year.

Figure 5: Requests received and completed, Access to Information Act
Figure 5: Requests received and completed, Access to  Information Act
Text description for Figure 5: Number of Access to Information Act requests received and completed
Year Received Completed
2016-2017 2,268 2,276
2017-2018 1,942 1,899
2018-2019 1,409 1,509
2019-2020 1,396 1,302

Privacy Act

During the 2019 to 2020 fiscal year, ESDC received 15,405 formal requests under the Privacy Act, an 18% increase from the previous fiscal year when the Department received 12,678 requests. This is the third consecutive yearly increase in the number of requests received and reflects the increasing importance Canadians attach to information covered by the Privacy Act as well as new business processes, which convert, with the consent of clients, erroneously submitted Access to Information Act requests into more accurate Privacy Act access requests.

There was a similar increase in the number of requests closed during the reporting period from 12,260 in 2018 to 2019 to 15,004 in 2019 to 2020. This increase represents a continuing achievement for ESDC and a compliance rate of over 99%. (this figure includes 96% of requests closed within 30 days and a further 3% closed within 60 days after an extension was sought).

Figure 6: Requests received and completed, Privacy Act
Figure 6: Requests received and completed, Privacy Act
Text description for Figure 6: Number of Privacy Act requests received and completed
Year Received Completed
2016-2017 8,353 8,510
2017-2018 8,852 8,817
2018-2019 12,678 12,260
2019-2020 15,405 15,004

Requests by calendar days taken to Complete

Access to Information Act

During the 2019 to 2020 fiscal year, ESDC processed 52% (673) of all requests (1,302) completed under the Access to Information Act within the first 30 days of receipt, slightly down from last year when ESDC processed 57% (866) of all requests (1,509) under the Act within 30 days.``

Figure 7: Access to Information Act requests by calendar days taken to complete
Figure 7: Access to Information Act requests by  calendar days taken to complete
Text description for Figure 7: Number of Access to Information Act requests by calendar days taken to complete
Year 30 Calendar Days 31-60 Calendar Days 61 or more Calendar  Days
2016-2017 1,200 (53%) 516 (23%) 560 (24%)
2017-2018 1,081 (57%) 371 (19%) 447 (24%)
2018-2019 866 (57%) 232 (16%) 411 (27%)
2019-2020 673 (57%) 240 (16%) 389 (27%)

Privacy Act

During the 2019 to 2020 fiscal year, ESDC processed 96% (14,613) of all requests (15,004) completed under the Privacy Act within the first 30 days of receipt. This represents a small decrease from last year when ESDC processed 97% (11,832) of all requests (12,260) under the Act within the first 30 days of receipt. Of note, the Department received 2,744 more requests than in the previous fiscal year.

Figure 8: Privacy Act Access requests by calendar days taken to complete
Figure 8: Privacy Act Access requests by calendar  days taken to complete
Text description for Figure 8: Number of Privacy Act requests by calendar days taken to complete
Year 30 Calendar Days 31-60 Calendar Days 61 or more Calendar  Days
2016-2017 8,234 (97%) 252 (2%) 24 (1%)
2017-2018 8,595 (97%) 179 (2%) 43 (1%)
2018-2019 11,832 (96%) 370 (3%) 58 (1%)
2019-2020 14,613 (96%) 358 (3%) 33 (1%)

Timeframes

Access to Information Act

During the 2019 to 2020 fiscal year, the Department met legislated timelines for 1,094 requests under the Access to Information Act, with a compliance rate of 84%. This represents a decrease of 3 percentage points compared to the Department’s 2017 to 2018 compliance rate (87%). As noted earlier in the document, the impact of COVID-19 at the end of the reporting period, as well as the allocation of additional resources in support of proactive publication efforts, affected the Department’s capacity to meet legislated timelines under the Access to Information Act during the year.

Institutions may apply for an extension beyond the original 30-day statutory timeframe in cases where meeting the statutory date is not feasible due to the volume of pages to be processed; where consultation is required that could not reasonably be conducted within the initial 30 days; or where notice is given to a third party. During the 2019 to 2020 fiscal year, ESDC requested 484 extensions.

ESDC was unable to meet legislated timelines for 208 requests during the fiscal year, almost exactly the same as the number for the previous year (204).

Figure 9: Number of requests processed within and beyond legislated timeframes, Access to Information Act
Figure 9: Number  of requests processed within and beyond legislated timeframes, Access to Information Act
Text description for Figure 9: Number of requests processed within and beyond legislated timeframes, Access to Information Act
Year Within Beyond
2016-2017 77% 23%
2017-2018 83% 17%
2018-2019 87% 13%
2019-2020 84% 16%

Privacy Act

During the 2019 to 2020 fiscal year, ESDC met legislated timelines for 14,949 requests, which represents a 99% compliance rate and similar to the previous two fiscal years. ESDC was unable to meet legislated timelines for 55 requests during the fiscal year, which represents a non-compliance rate of less than half of one percent.

Institutions may apply for an extension beyond the original 30-day statutory timeframe in cases where meeting the statutory date is not feasible due to the volume of pages to be processed; where consultation is required that could not reasonably be conducted within the initial 30 days; or for translation purposes or to convert a record to another format. During the 2019 to 2020 fiscal year, ESDC requested 260 extensions. This represents an increase from the last fiscal year, when ESDC requested 128 extensions.

Figure 10: Number of requests processed within and beyond legislated timeframes, Privacy Act
Figure 10: Number  of requests processed within and beyond legislated timeframes, Privacy Act
Text description for Figure 10: Number of requests processed within and beyond legislated timeframes, Privacy Act
Year Within Beyond
2016-2017 99% 1%
2017-2018 99% 1%
2018-2019 99% 1%
2019-2020 99% 1%

Timeframe monitoring

Access to Information Act

Except in certain circumstances, which allow for extensions, the Access to Information Act contains a statutory timeline of 30 calendar days (about 20 working days) to provide responses to requests. Given the legislated timeframes and ESDC’s commitment to respecting both the letter and spirit of the Access to Information Act, the Department continues to follow an established process and defined responsibilities as outlined in Figure 11.

Figure 11: ESDC’s timeframe monitoring – goal-based strategies to respect ESDC’s process and commitments (This figure has been replaced by a bulleted list.)

Roles and responsibilities

Description:
Retrieval of Relevant Records and Formulation of Recommendations:

  • Once a request is received, it is tasked to the relevant Branches and/or regions, the Offices of Primary Interest (OPI). The OPIs have eight working days to retrieve all responsive records and present them, along with any recommendations, to ATIP Operations.

Line-by-line Review of the Responsive Records

  • ATIP Operations has eight working days to complete a thorough line-by-line review of the records and to invoke any applicable exemptions and/or exclusions.

Advance Release Notice

  • Key stakeholders receive a notification that the release package has been posted electronically on a secure internal website at least four working days prior to the scheduled release date. This mechanism allows all implicated parties to provide final comments prior to release.

In support of timeframe monitoring, ATIP Operations provides a weekly report to senior management and the ministerial level. Additionally, a quarterly report capturing key ATIP processing performance indicators is also shared with senior management; including, all Deputy Ministers, and the Assistant Deputy Ministers. These reports continue to position Branches and regions to monitor access to information requests.

Privacy Act

ESDC’s regional offices manage the majority of the privacy request workload and prepare weekly reports concerning new requests, workload and status for the tracking of on-time performance for privacy requests. Regional offices also produce performance reports on a monthly, quarterly and yearly basis.

Pages processed and disclosed

Access to Information Act

During the 2019 to 2020 fiscal year, the Department experienced a 13% year-over-year increase in terms of total number of pages of documents processed and disclosed for requests under the Access to Information Act (please refer to Figure 12).

Figure 12: Number of pages processed and number of pages disclosed, Access to Information Act
Figure 12: Number of pages processed and number of pages  disclosed, Access to Information Act
Text description for Figure 12: Number of pages processed and number of pages disclosed, Access to Information Act
Year Processed Disclosed
2016-2017 438,368 410,089
2017-2018 970,992 943,669
2018-2019 118,818 94,115
2019-2020 133,982 91,228

Privacy Act

The total number of pages processed and disclosed for privacy requests increased during the 2019 to 2020 fiscal year. During this reporting period, 1,259,755 pages were processed for exemptions and exclusions, which represents an increase of 29% from the previous fiscal year when 979,247 pages were processed. A total of 1,208,351 pages were disclosed, which is an increase from the previous year when 934,672 pages were disclosed.

Figure 13: Number of pages processed and disclosed, Privacy Act
Figure 13: Number of pages processed and disclosed, Privacy  Act
Text description for Figure 14: Number of pages processed and number of pages disclosed, Privacy Act
Year Processed Disclosed
2016-2017 818,954 769,173
2017-2018 798,436 771,256
2018-2019 979,247 934,672
2019-2020 1,259,755 1,208,351

Source of requests under the Access to Information Act

During the 2019 to 2020 fiscal year, the most common source of requests under the Access to Information Act was from media (584), followed by the general public (374) and business/private sector (315). This trend continued from the previous fiscal years, where media was the main source of requesters. Lists of briefing notes and briefing note documentation have been the most common type of departmental material requested.

Figure 14: Sources—Number of requests and percentage of total requests
Source 2016 to 2017 2017 to 2018 2018 to 2019 2019 to 2020
Media 670 (30%) 649 (33%) 429 (30%) 584 (42%)
Academia 22 (1%) 39 (2%) 26 (2%) 28 (2%)
Business/Private Sector 438 (19%) 357 (18%) 332 (24%) 315 (22%)
Organization 113 (5%) 124 (6%) 140 (10%) 50 (4%)
Public 580 (26%) 611 (31%) 350 (25%) 374 (27%)
Decline to Identify 445 (20%) 162 (8%) 132 (9%) 45 (3%)

Exemptions and exclusions

ESDC is one of the largest holders of personal information in the Government of Canada, which affects the frequency in which exemptions and exclusions are applied under the Access to Information and Privacy Acts.

Access to Information Act

Exemptions

The Access to Information Act allows, and in some instances requires, that information relating to the internal decision-making processes of government, national security, law enforcement or trade secrets be exempted and not released.

The following table (Figure 15) outlines the most frequently invoked exemptions during the past four fiscal years. Due to the nature of ESDC’s mandate, most of the information under the Department’s control contains personal information about individuals and must be withheld under the mandatory exemptions set out in section 19 (Personal Information) unless certain conditions are met. Section 21 (Advice) was the most frequently applied exemption for the 2019 to 2020 fiscal year, and it continues to represent an important percentage of the total being applied in 300 instances.

Figure 15: Number of requests and percentage of total exemptions*
Section 2016 to 2017 2017 to 2018 2018 to 2019 2019 to 2020
s. 19 - Personal information 501 (23%) 385 (27%) 306 (25%) 249 (23%)
s. 16 - Law enforcement and investigations 269 (13%) 149 (10%) 160 (13%) 127 (12%)
s. 20 - Third party information 229 (11%) 152 (11%) 164 (13%) 180 (17%)
s. 21 - Advice and recommendations 658 (31%) 362 (25%) 304 (25%) 300 (28%)
s. 24 - Statutory prohibitions against disclosure 186 (9%) 149 (10%) 84 (7%) 75 (7%)

* Figures are rounded for readability purposes

Exclusions

The Access to Information Act does not apply to information that is already publicly available, such as government publications (section 68), and confidences of the Queen’s Privy Council for Canada (section 69), which require consultation with the Department of Justice. During the 2019 to 2020 fiscal year, ESDC excluded records based on section 69 for 102 requests.

Privacy Act

Exemptions

The Privacy Act recognizes that individuals value their privacy and the protection of their personal information, and that this protection is an essential element in maintaining public trust in government. Although the Privacy Act provides individuals with an enforceable right of access to their personal information, there are instances, where certain limited and specific exemptions can be applied.

Due to the nature of ESDC’s mandate and its personal information holdings, the exemption under the Privacy Act that was applied most frequently is section 26, which protects personal information about another individual as defined by section 3 of the Privacy Act. This exemption occurred in 9,812 instances of completed requests during the 2019 to 2020 fiscal year. This represents an increase of 1,730 instances when compared to last fiscal year.

Figure 16: Number of requests and percentage of total exemptions
Section 2016 to 2017 2017 to 2018 2018 to 2019 2019 to 2020
s. 22 - Law enforcement and investigation 47
(0.8%)
101
(1.7%)
61
(0.7%)
56 (0.6%
s. 26 – Information about another individual 5,977 (97.7%) 5,898 (96.7%) 8,082 (98.1%) 9,812 (98.7%)
s. 27 – Solicitor-client privilege 91(1.5%) 81 (1.3%) 72 (0.9%) 63 (0.6%)

Exclusions

The Privacy Act allows for the exclusion of certain types of information such as records that are already available to the public (section 69) and confidences of the Queen’s Privy Council for Canada (section 70). During the 2019 to 2020 fiscal year, ESDC did not exclude any records for requests under the Privacy Act.

Consultations received from other Government of Canada institutions and other organizations

Access to Information Act

During the 2019 to 2020 fiscal year, ESDC received 309 external consultation requests, which originated from other Government of Canada institutions and organizations that required a review of an additional 10,823 pages. This represents an increase in the number of consultation requests compared to the previous fiscal year (222) but is a significant reduction in the number of pages reviewed in the 2018 to 2019 fiscal year 15,299.
The Department closed 291 requestsFootnote 5 for consultations of which 170 (58%) were completed within 30 days. Three quarters of those completed (219) resulted in a recommendation to disclose the records in their entirety and 57 (20%) recommended to disclose in part.

Figure 17: Consultation requests received from other Government of Canada institutions and other organizations – Access to Information Act
Types of consultation 2016 to 2017 2017 to 2018 2018 to 2019 2019 to 2020
Consultations requests received under the Access to Information Act 185 220 222 309
Additional pages reviewed under the Access to Information Act 7,301 7,908 15,564 10,823
Access to Information Act Requests for Consultations Closed 171 210 223 291
Access to Information Act Requests for Consultations Closed within 30 days 116 124 141 170

Privacy Act

ESDC received 20 external consultation requests during the 2019 to 2020 fiscal year, which originated from Government of Canada institutions and other organizations, requiring a review of 3,137 additional pages. This represents an increase from the previous fiscal year when ESDC reviewed 1,549 pages.

The Department closed 21 requests for consultations of which 18 (86%) were completed within 30 days. Of the total number of requests for consultation, 14 (67%) resulted in a recommendation to disclose the records entirely and 3 (14%) recommended the consulting institution or organization disclose the information in part.

Figure 18: Consultation requests received from other Government of Canada institutions and other organizations – Privacy Act
Types of consultation 2016 to 2017 2017 to 2018 2018 to 2019 2019 to 2020
Consultations requests received under the Privacy Act 8 35 38 20
Additional pages reviewed under the Privacy Act 132 5,355 1,578 3,137
Privacy Act Requests for Consultations Closed 8 34 36 21
Privacy Act Requests for Consultations Closed within 30 days 7 29 36 18

Requests for the correction of personal information under the Privacy Act

Under the Privacy Act, individuals have a right to request the correction of erroneous personal information pertaining to them that is retained by a government institution, provided that the individual can adequately substantiate the request. ESDC accepted one request for correction of personal information during the 2018 to 2019 fiscal year.

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

In 2017, the Government of Canada introduced the Service Fees Act,which replaced the User Fees Act. All government departments and agencies that charge fees for services are subject to this legislation, including ESDC.

The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution. Consistent with Treasury Board policy, fees charged pursuant to the Access to Information Act are to be reported in the Access to Information Annual Report. Consequently, ESDC is reporting these fees in this consolidated report.

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

General fees information

Figure 19: Information on fees for processing requests filed under the Access to Information Act (This figure has been replaced by a bulleted list.)

Fees for processing requests filed under the Access to Information Act
Fee-setting authority: Access to Information Act

  • Fee Amount
    • $5
  • Service standard
    • Response provided within 30 days following receipt of a request; the response time may be extended pursuant to section 9 of the Access to Information Act. Notice of extension is to be sent within 30 days after receipt of the request.
  • Performance results
    • Total requests received: 1,396
    • Total requests completed: 1,302 6
    • Requests responded to within 30 days: 1,094
    • Requests completed within prescribed time limits of extensions: 484
    • Requests responded to after deadline: 208
    • Statutory deadline met 84% of the time
  • Other information
    • In accordance with the Interim Directive on the Administration of the Access to Information Act, issued on May 5, 2016, and the changes to the Access to Information Act that came into force on June 21, 2019, ESDC waives all fees prescribed by the Act and Regulations, other than the $5 application fee set out in paragraph 7(1)(a) of the Regulations.

Figure 20 is a summary of the financial information for all Access to Information Act fees under the Department’s authority.

Figure 20: Financial information (dollars)
2018 to 2019 Revenue 2019 to 2020 Revenue 2019 to 2020 Total Cost of Operating the ProgramFootnote 6 2019 to 2020 RemissionsFootnote 7
$ 5,360.00* $ 4,400.00 $1,823,908 $ 2,110.00

*Based on total requests received during the 2018 to 2019 fiscal year minus remissions

7. Complaints, investigations and court actions

Access to Information Act

Individuals are entitled under the Access to Information Act to file a complaint related to their request for a record with the Office of the Information Commissioner (OIC).

During the 2019 to 2020 reporting period, the Department was notified by the OIC of 52 access complaints and carried over 21 complaints from the previous fiscal year. The OIC closed 56 complaints and found 12 to be well founded. There were no court actions during the reporting period. Please refer to Figure 21 for more information about the complaints.

Privacy Act

Requesters who are not satisfied with how their privacy request was processed are entitled to file a complaint with the Office of the Privacy Commissioner (OPC).

During the 2019 to 2020 reporting period, the Department was notified by the OPC of 16 privacy complaints and carried over 7 complaints from the previous fiscal year. The OPC closed 26 complaints of which 10 were determined to be well founded. There were no court actions during the reporting period. Please refer to Figure 21 for more details about the complaints.

Figure 21: Complaints, investigations and court actions, 2019 to 2020
Details Access to Information Act Privacy Act
Complaints N/A N/A
Total complaints received 52 16
Denied access 12 6
Unreasonable time extension 4 0
Processing delays 27 3
Improperly applied exemptions 9 0
Collection N/A 0
Use and disclosure / Retention and disposal N/A 7
Investigations N/A N/A
Total findings received 56 26
Well-founded 12 10
Not well-founded 14 6
Complaints resolved during investigation 1 0
Discontinued 29 10
Court Actions N/A N/A
Number of court actions 0 0

Note: The total number of notifications of complaints received and the total number of investigations with findings received will not necessarily be the same in a given fiscal year. Investigations could relate to complaints that were received by the Office of the Privacy Commissioner in a fiscal year prior the 2019 to 2020 reporting period.

8. Internal audits

Access to information-related audits

Audit of the Access to information process

A 2016 to 2017 internal audit of the Access to Information process concluded that Employment and Social Development Canada’s (ESDC) access to information function complies with the Access to Information Act (ATIA). It also identified opportunities to improve oversight, address timeliness of responses and skills shortages, enhance data integrity, and address training gaps to increase compliance and respond to requests in a more efficient manner.

ATIP Operations completed and closed the management action plan for this audit and continues to actively engage ESDC senior management, increase access to information capacity (e.g., delegating additional authorities and duties to ATIP Operations staff), take steps to ensure complete and accurate performance reporting, update e-learning solutions, (such as ESDC’s “Access and Privacy is Everybody’s Business” online training) and explore modernization initiatives to create a “paperless” office.

Privacy-related audits

In 2018 to 2019, the audit of the management and implementation of select privacy impact assessments (PIA) identified the requirement to improve privacy impact assessment controls in order to achieve the thorough identification and consistent assessment of risks to personal information in the PIA process. It also noted that the Department needed to regularly follow-up on the mitigation activities identified in PIAs. As anticipated in last year’s annual report, ESDC completed and closed the management action plan for this audit in 2019 to 2020.

9. Public interest disclosures

Disclosures in the public interest are made by Employment and Social Development Canada’s (ESDC) under section 37(1) of the Department of Employment and Social Development Act (DESDA) instead of under section 8(2) (m) of the Privacy Act. Disclosures made under this provision are reported to the Office of the Privacy Commissioner (OPC).

During the 2019 to 2020 fiscal year, the Department disclosed personal information in the public interest in 419 instances. ESDC processed 392 public interest disclosures in the regions, which mostly involved incidents involving individuals who threatened to harm themselves or others. In instances where there is an imminent threat to the safety and security of individuals, employees have the delegated authority to make the disclosures. Given the urgency of these situations, the OPC is informed after the disclosure is made.

The Privacy Management Division (PMD) approved the disclosure of personal information in an additional 27 cases. The OPC was informed with a letter prior to the disclosure in 21 instances, and by letter after the disclosure in 6 occasions.

Figure 22: Reason for disclosure
Reason for disclosure Number of disclosures
Regional disclosures 392
NHQ disclosures: Locate an individual/next of kin N/A
NHQ disclosures: Fraud/suspected elder abuse 7
NHQ disclosures: Assault 6
NHQ disclosures: Missing person 1
NHQ disclosures: Other 8
NHQ disclosures: Subtotal 5
Subtotal 27
TOTAL 419

10. Material privacy breaches

A privacy breach is defined by the Treasury Board Secretariat (TBS) guidance as the “improper unauthorized collection, use, disclosure, retention or disposal of personal information” and material privacy breach is defined as one “that involves sensitive personal information and could reasonably be expected to cause injury or harm to the individual and/or to a significant number of individuals.”

During the 2019 to 2020 fiscal year, the Department reported 210 material breaches, a significant increase on the previous year, to the Office of the Privacy Commissioner (OPC) and to TBS (please refer to Figure 23). These breaches were mostly the result of operational errors resulting in personal information lost in transit in the postal system or sent to the wrong person. Compared to the millions of transactions processed by ESDC each year, the incident rate is, statistically, very small.

The vast majority of these incidents (170 cases of the 210 cases) involved lost or misdirected passports of which Canada Post Corporation took responsibility for 143 breaches. Of note, in previous fiscal years, lost passports were not automatically considered a material privacy breach and would only be included in the total number when the loss also included supporting documents, such as a birth certificate. Following discussions with Immigration, Refugees and Citizenship Canada and Global Affairs Canada, and in consultation with the Office of the Privacy Commissioner, it was agreed that any lost passport should be considered a material breach due to the sensitivity of the document itself. This change in reporting methodology was almost entirely responsible for the increase in material privacy breaches reported by the Department. In addition, the unauthorized access by ESDC employees of personal information stored in departmental systems accounted for 19 incidents. These cases were identified as a result of the Department’s newly implemented Audit Log Monitoring initiative to detect the unauthorized accesses of personal information in ESDC’s electronic data holdings by ESDC employees. It is expected that additional incidents of this type will continue to be detected during the 2020 to 2021 fiscal year as this project expands in scope.

The Department continues to explore ways to reduce privacy breaches. Through ESDC’s privacy training and awareness activities, employees are informed and trained in the handling of personal information, including appropriate use and safeguarding protocols.

Figure 23: Material breaches
No. of Material Breaches Summary and nature of Information breached Communication and notification Actions undertaken in response
5 Documents containing personal information of clients were lost or stolen. When possible, personal letters were sent to affected individuals informing them of the breach.
  • Reminded employees of the importance and sensitivity of dealing with personal information.
16 Personal information incorrectly shared with third party individuals, via telephone, e-mail, or mail. When possible, personal letters were sent to affected individuals informing them of the breach.
  • Provided training to employees on proper procedures and best practices for handling personal information. Specifically focused on:
    • Mailing procedures
    • Indexing procedures
    • Authentication process when on a call with a client
  • Reminded of the importance and sensitivity of dealing with personal information.
  • Reminded employees of the security requirements when sending or carrying personal information.
  • Modified procedures as needed.
19 Employees who made unauthorized accesses in Departmental systems to client information (mostly discovered as part of internal audits conducted on the Departmental systems). When possible, personal letters were sent to affected individuals informing them of the breach.
  • Reliability status was revoked in some cases which resulted in dismissal of the employee as maintaining reliability status is a condition of employment.
  • Employees were reminded they should not access information they are not authorized to access.
  • Employees were reminded to review the ESDC Code of Conduct.
  • Some employees were instructed to re-take training courses. 
143 Passports lost, stolen, or misdirected, where Canada Post Corporation was responsible for the breach. When possible, personal letters were sent to affected individuals informing them of the breach.
  • Individuals were asked to re-submit their applications and in some cases the cost of new documents, pictures and postage was reimbursed.
  • In accordance with standard procedures, passports were cancelled and new passports were issued at no charge.
  • Searches were conducted by Canada Post Corporation in order to locate the documents.
27 Passports lost, stolen, or misdirected, as a result of an internal error. When possible, personal letters were sent to affected individuals informing them of the breach.
  • Individuals were asked to re-submit their applications and in some cases the cost of new documents, pictures and postage were reimbursed.
  • In accordance with standard procedures, passports were cancelled and new passports issued at no charge.
  • Internal corrective measures were taken, including reminding employees of the importance of protecting personal information and the procedures for mailing.
  • Thorough searches of the office and mailroom were conducted to locate the documents.
Total Number of Material Breaches: 210

11. Training and awareness activities

Privacy and Access to information training

ESDC has a comprehensive and mandatory training program to increase knowledge and awareness of the stewardship of information. All employees are required to maintain valid certification in the Stewardship of Information and Workplace Behaviours (SIWB), which addresses privacy, the handling of personal information, access to information, information management, security and values and ethics. Delivered online, SIWB certification is valid for two years. At the end of the 2019 to 2020 fiscal year, 25,961 individuals, representing 82% of the total workforce, held a valid SIWB certification. The SIWB training was updated during the reporting period to align with the 2019 ATIA amendments.

In addition to online training and certification, ESDC undertook a number of in-person and online privacy training sessions and activities. ESDC delivered 13 in-person sessions to 313 employees during the 2019 to 2020 fiscal year. Further to this, departmental governance structures were utilized to engage senior management at the Assistant Deputy Minister level and above on privacy and access to information and to maintain the high profile and importance of these issues within the organization.

Access to information awareness

In terms of training to non-ATIP employees, ESDC delivered 10 in-person ATIP training sessions throughout the reporting period to 211 participants. The Department also continued to take advantage of opportunities (e.g., during ATIP training) to raise awareness with respect to the requirements of the 2019 amendments to ATIP and its implications for the Department’s proactive disclosure and access to information activities. Although ESDC was not able to increase the number of ATIP training sessions in the 2019 to 2020 fiscal year as anticipated, employees were encouraged to pursue departmental ATIP training online.

Privacy awareness

Throughout the reporting period, the Department continued to provide practical, easy-to-understand, and readily available privacy information and guidance to employees to reinforce the application of appropriate personal information handling and safeguarding practices. These activities included organizing various privacy-themed information events such as Privacy Awareness Week during May 2019, a “Data Privacy Day” in January 2020, and a series of specialized knowledge talks.

Annex A: Delegation orders

Access to Information Act and regulations: Delegation of Authority Department of Employment and Social Development

The Minister of Employment and Social Development, pursuant to section 11 of the Department of Employment and Social Development Act, hereby designates the persons, officers or employees holding the positions with Employment and Social Development set out in the schedules attached hereto, or the persons, officers or employees occupying on an acting basis those positions, to exercise the powers or perform the duties or functions of the Minister or to exercise or perform the powers, duties or function of the head of the institution, as specified in the attached schedules.

Original signed March 12, 2020 by the Honourable Carla Qualtrough, Minister of Employment and Social Development

Access to Information Act – Delegated authorities
Description Section Delegated Authority
Responsibility of government institutions 4(2.1)
  • Deputy Minister, Employment and Social Development Canada (ESDC)
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, Access to Information and Privacy (ATIP) Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
  • ATIP Analyst, Request Processing Unit, ATIP Operations NHQ
  • Public Rights Advisor, Request Processing Unit, ATIP Operations NHQ
  • ATIP Program Officer, Request Processing Unit, ATIP Operations, NHQ
  • Junior Analyst, Request Processing Unit, ATIP Operations, NHQ
Reasons for declining to act on request 6.1(1)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
Notice – suspension 6.1(1.3)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
Notice – end of suspension 6.1(1.4)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
Notice (written notice for declining to act on a request) 6.1(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
Notice where access requested / Giving access to record 7
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Transfer of request to another government institution 8(1)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Extension of time limits 9
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Notice where access refused 10
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
Application fee waiver 11(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Language of access
 
  •  
12(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Access to alternate format

 

12(3)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Obtained in confidence

 

13
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Federal-provincial affairs 14
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – International affairs and defence
 
15
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Law enforcement and investigations 16
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Public Servants Disclosure Protection Act 16.5
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Safety of individuals 17
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Economic interests of Canada 18
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Economic interest of the Canada Post Corporation, Export Development Canada, the Public Sector Pension Investment Board and VIA Rail Canada Inc. 18.1
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Personal information 19
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Third party information 20
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Operations of Government 21
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Testing procedures, tests, audits 22
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Audit working papers and draft audit reports 22.1
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Solicitor-client privilege 23
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Refuse access – Statutory prohibitions 24
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Severability 25
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Information to be published 26
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Third party notification 27(1)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Third party notification – Extension of time limit 27(4)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Third party notification – Notice of decision 28(1)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Third party notification – Waive representations in writing 28(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Third party notification – Disclosure of record 28(4)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Advising Information Commissioner of third party involvement 33
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Right to make representations 35(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
Access given to complainant 37(4)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
Review by Federal Court – government institution 41(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Review by Federal Court – government institution-Respondents 41(5)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Notice to third party (application to Federal Court) 43(1)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
Service or notice 43(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
Notice to person who requested record 44(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
Special rules for hearings 52(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
Ex parte representations (Federal Court) 52(3)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
Access to Information Regulations – Delegated Authorities
Description Section Delegated Authority
Transfer of request 6(1)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Search and preparation of fees 7(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Production and programming 7(3)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Providing access to records 8
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ
Limitations in respect of format 8.1
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary
  • Director, ATIP Operations NHQ
  • Manager, Request Processing Unit, ATIP Operations NHQ
  • Team Leader, Request Processing Unit, ATIP Operations NHQ

Privacy Act and regulations: Delegation of Authority, Department of Employment and Social Development

The Minister of Employment and Social Development, pursuant to section 11 of the Department of Employment and Social Development Act, hereby designates the persons, officers or employees holding the positions with Employment and Social Development set out in the schedules attached hereto, or the persons, officers or employees occupying on an acting basis those positions, to exercise the powers or perform the duties or functions of the Minister or to exercise or perform the powers, duties or function of the head of the institution, as specified in the attached schedules.

Original signed March 12, 2020 by the Honourable Carla Qualtrough, Minister of Employment and Social Development

Privacy Act – Delegated Authorities
Description Section Delegated Authority
Retention of a record of requests and disclosed records to investigative bodies under section 8(2)(e) of the Privacy Act 8(4)
  • Deputy Minister, Employment and Social Development Canada (ESDC)
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP Operations, NHQ
  • Manager, ATIP Processing, ATIP Operations,  NHQ
  • Manager, ATIP Incident Management & Legislative  Disclosures,  ATIP Operations,  NHQ
Retention of records of uses of personal information 9(1)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, Privacy Management
Notification of the Privacy Commissioner of any new consistent uses of personal information and ensure use is included in next statement of consistent uses set forth in the Index 9(4)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, Privacy Management, NHQ
Include personal information in personal information banks 10
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, Privacy Management, NHQ
Respond to request for access within 30 days and give written notice and, if access to be given, give access 14
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP Operations, NHQ
  • Manager, ATIP Processing, ATIP Operations, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • ATIP Officers (Regional ATIP)
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
Extension of the 30 day time limit to respond to a privacy request 15
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • ATIP Officers (Regional ATIP)
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
 Decision on whether to translate a response to a privacy request in one of the two official languages 17(2)(b)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • ATIP Officers (Regional ATIP)
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
Decision on whether to convert personal information to an alternate format 17(3)(b)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • ATIP Officers (Regional ATIP)
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
Decision to refuse to disclose personal information contained in an exempt bank 18(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP Operations, NHQ
Decision to refuse access to personal information that was obtained in confidence from the government of a foreign state or institution, an international organization of states or an institution thereof, the government of a province or institution thereof, a municipal or regional government established by or pursuant to an Act of the legislature of a province or an institution of such a government, or the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act or the council of a participating in First Nation as defined in the First Nations Jurisdiction over Education in British Columbia Act 19(1)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
Authority to disclose personal information referred to in 19(1) if the government, organization or institution described in 19(1) consents to the disclosure or makes the information public 19(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • ATIP Officers (Regional ATIP)
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
Refuse to disclose personal information that may be injurious to the conduct of federal-provincial affairs 20
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP Operations, NHQ
  • Team Leaders, NHQ
Refuse to disclose personal information that may be injurious to international affairs or the defence of Canada or one of its allies 21
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister and Chief Operating Officer for Service Canada
  • Associate Deputy Minister
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP Operations, NHQ
  • Team Leaders, NHQ
Refuse to disclose personal information prepared by an investigative body, information injurious to the enforcement of a law, or information injurious to the security of penal institutions 22
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • ATIP Officers (Regional ATIP)
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
Refuse to disclose personal information created for the Public Servants Disclosure Protection Act 22.3
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing,  ATIP OPERATIONS, NHQ
Refuse to disclose personal information prepared by an investigative body for security clearance 23
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing,  ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
Refuse to disclose personal information that was collected by the Canadian Penitentiary Service, the National Parole Service or the National Parole Board while the individual was under sentence if the conditions in the section are met 24
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
Refuse to disclose personal information which could threaten the safety of individuals  25
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
Refuse to disclose personal information about another individual and shall refuse to disclose such information where disclosure is prohibited under section 8 26
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS. NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • ATIP Officers (Regional ATIP)
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP) 
  • Senior Business Expertise Consultant (QC ATIP)
Refuse to disclose personal information that is subject to solicitor-client privilege. 27
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
Refuse to disclose personal information relating to the individual’s physical or mental health where the disclosure is contrary to the best interests of the individual 28
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
Receive notice of investigation by the Privacy Commissioner 31
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
Right to make representations to the Privacy Commissioner during an investigation 33(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Director, Privacy Management, NHQ
  • Manager ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • ATIP Officers (Regional ATIP)
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
Receive Privacy Commissioner’s report of findings of an investigation and give notice of action taken 35(1)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • ATIP Officers (Regional ATIP)
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
Provision of addition personal information to a complainant after receiving a 35(1)(b) notice. 35(4)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisors
  • ATIP Officers (Regional ATIP)
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP)
  • Senior Business Expertise Consultant (QC ATIP)
Receive Privacy Commissioner’s report of findings of investigation of exempt bank 36(3)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Director, Privacy Management, NHQ
Receive report of Privacy Commissioner’s findings after compliance investigation 37(3)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Director, Privacy Management, NHQ
Request that a court hearing, undertaken with respect to certain sections of the Act, be held in the National Capital Region. 51(2)(b)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
Request and be given right to make representations in section 51 hearings 51(3)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
Prepare annual report to Parliament 72(1)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Director, Privacy Management
Privacy Regulations – Delegated Authorities
Description Section Delegated Authority
Allow examination of the documents (Reading Room) 9
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisor
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP) 
  • Senior Business Expertise Consultant (QC ATIP)
Notification of Correction 11(2)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisor
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP) 
  • Senior Business Expertise Consultant (QC ATIP)
Correction refused, notation placed on file 11(4)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisor
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP) 
  • Senior Business Expertise Consultant (QC ATIP)
Disclosure to a medical practitioner or psychologist 13(1)
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisor
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP) 
  • Senior Business Expertise Consultant (QC ATIP)
Disclosure in the presence of a medical practitioner or psychologist 14
  • Deputy Minister, ESDC
  • Deputy Minister, Labour
  • Senior Associate Deputy Minister of ESDC and Chief Operating Officer for Service Canada
  • Associate Deputy Minister, ESDC
  • Corporate Secretary and Chief Privacy Officer
  • Director, ATIP OPERATIONS, NHQ
  • Manager, ATIP Processing, ATIP OPERATIONS, NHQ
  • Team Leaders, NHQ
  • Service Manager (Regional ATIP)
  • Team Leaders (Regional ATIP)
  • Regional ATIP Advisor
  • Business Expertise Regional Consultant (QC ATIP)
  • Senior Consultant (QC ATIP) 
  • Senior Business Expertise Consultant (QC ATIP)

Annex B: Summaries of Completed Privacy Impact Assessments

ESDC completed nine privacy impact assessments (PIAs) over the course of the past fiscal year. Information on these PIAs are found below and on ESDC’s privacy impact assessments web site.

Biometrics Expansion Project: Service Canada In-Canada Biometrics Collection Services for the Department of Immigration, Refugees and Citizenship Canada

The Department of Immigration, Refugees and Citizenship Canada (IRCC) began collecting biometric information (digital photograph and fingerprints) from select nationals in 2013 under the Temporary Resident Biometrics Project. Following the success of that initiative, the Biometrics Expansion Project was launched to add the biometric collection requirement for all temporary resident visa, work or study permit, and temporary resident permit applicants, excluding United States nationals, and for all permanent resident applicants. One of the core mandates of the Biometrics Expansion Project is the delivery of the In-Canada Biometrics Collection Service that is provided by Service Canada on behalf of IRCC. The PIA examined privacy impacts resulting from the ESDC component of the In-Canada Biometrics Collection Services, specifically the collection of biometric information by Service Canada and its disclosure to IRCC.

Canada Pension Plan Disability Medical Adjudication Quality Assurance Program (Phase 1)

The Canada Pension Plan Disability (CPP-D) program provides partial income to eligible CPP contributors who are under age 65 with a severe and prolonged disability. Medical Adjudicators assess CPP-D applications to determine their eligibility. The CPP-D Medical Adjudication Quality Assurance (MA QA) program was developed to ensure that a robust quality assurance framework for medical adjudication decisions is being followed. The first phase of this initiative consists of a review of a random sample of CPP-D applications that were assessed by Medical Adjudicators to provide information on the quality of evidence and analysis in the medical adjudication process. Phase 1 also included the creation of a new database containing personal information that allows ESDC to determine the quality and consistency of the medical adjudication process and decisions. This PIA was completed to assess the privacy implications of the first phase of the CPP-D MA QA program.

Canada’s Volunteer Awards Program

Each year, Canada’s Volunteer Awards (CVA) recognizes the significant contributions of individual volunteers, groups of volunteers, not-for-profit organizations, and socially responsible businesses across Canada in helping communities. The CVA’s annual Call for Nominations requires the collection of personal information from a number of stakeholders —specifically the nominators, nominees, authors of letters of support, Regional Reviewers, and National Advisory Committee members— for the nomination and selection of award recipients. A new nomination system was developed for the CVA that required a PIA to assess the privacy impacts of ESDC’s collection and use of personal information during the nomination and award selection processes.

Departmental Accounts Receivable System Replacement Project

The Canada Revenue Agency (CRA) has the responsibility to collect debts owed to the Crown for several ESDC statutory programs. To carry out this work, officials from both institutions use ESDC’s Departmental Accounts Receivable System, which is being replaced by the Public Sector Collections and Disbursements (PSCD) system, a SAP-based module. This PIA assessed the privacy impacts related to the management and protection of personal information related to new business processes associated with the PSCD module.

Disclosure of Old Age Security Act to the province of Newfoundland and Labrador

ESDC discloses the personal information to the Government of Newfoundland and Labrador from individuals residing in the province who are eligible for the Old Age Security (OAS) and Guaranteed Income Supplement (GIS) programs in order to determine eligibility for the province’s 65 Plus Plan. The 65 Plus Plan provides access to prescription medication at a reduced cost. This PIA assessed the privacy impacts and risks stemming from a new information sharing agreement between the two governments, which replaced a 40-year-old Letter of Agreement, as well as the related processes and information technologies.

Job Bank

Job Bank is delivered by ESDC on behalf of the Canada Employment Insurance Commission as part of the National Employment Service. It is a free online national service that provides job seekers with the ability to search for available job opportunities and for employers to find qualified candidates. In December 2014, a PIA examined Job Bank 2.0 updates, specifically new registration and authentication processes to create user accounts. This PIA also reviewed the privacy impacts of Job Bank services that were introduced since 2015, as well as some new features that will be developed as part of the Job Bank 3.0 project, including Job Match, Resume Builder and Resume Sharing, Job Alerts, and Job Bank for Employers.

Exchange of personal information between Employment and Social Development Canada, Nova Scotia Department of Community Services and Service Nova Scotia

ESDC and the Nova Scotia Department of Community Services consolidated several Information Sharing Agreements in order for the latter to administer the province’s Income Assistance and Disability Support Program. In addition, an Information Sharing Agreement was negotiated between ESDC and Service Nova Scotia to allow for the administration of the province’s Property Tax Rebate for Seniors and the Heating Assistance Rebate Program. A PIA was completed to assess the privacy implications related to the exchange and use of personal information from the Canada Pension Plan, the Old Age Security program, and the Guaranteed Income Supplement benefit for the administration of these Nova Scotia programs.

MyAlberta Digital Identity Pilot

The MyAlberta Digital Identity (MADI) Pilot was introduced to give Alberta residents the opportunity to streamline their access to their My Service Canada Account (MSCA) by means of a Province-approved identity-bound credential, the Trusted Digital Identity. A PIA was completed to assess the privacy implications related to the handling of personal information during the registration and authentication processes a user has to undertake prior to accessing MSCA using MADI.

Receipt of Entry-Exit Data from the Canada Border Services Agency by the Employment Insurance Program

Within ESDC, Service Canada’s Integrity Services Branch is responsible for investigating fraud and abuse of the Employment Insurance (EI) Program using information from the Canada Border Services Agency (CBSA) to validate that EI claimants have properly self-reported any absences from Canada. Historically, customs declaration cards have been used by the CBSA, and data from those cards were provided to ESDC to identify EI claimants who may have left Canada while receiving EI benefits. The CBSA has now introduced an electronic Entry-Exit system, which will collect exit information from airlines and the United States Customs and Border Protection, while also collecting entry information when a traveller returns to Canada. A PIA was completed to identify and assess the privacy implications associated with the collection of entry-exit data from this new electronic system for the administration and enforcement of ESDC’s EI and Old Age Security Program. 

In addition, ESDC has piloted a new assessment format, of which two were completed during the fiscal year, for lower risk activities that involve the administrative use of personal information. This “PIA light” approach is aimed at streamlining the approach while maintaining all the risk considerations of a PIA via an assessment against the 10 privacy principles.

Annex C: Statistical Reports

Statistical Report on the Access to Information Act

Name of institution: Employment and Social Development Canada

Reporting period: 2019-04-01 to 2020-03-31

Section 1: Requests under the Access to Information Act

1.1 Number of requests
Detail Number of Requests
Received during reporting period 1396
Outstanding from previous reporting period 315
Total 1711
Closed during reporting period 1302
Carried over to next reporting period 409
1.2 Sources of requests
Source Number of Requests
Media 584
Academia 28
Business (private sector) 315
Organization 50
Public 374
Decline to Identify 45
Total 1396
1.3 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
181 334 52 15 0 0 0 582

Section 2: Decline to act on vexatious, made in bad faith or abuse of right requests

2.1 Decline to act on vexatious, made in bad faith or abuse of right requests
Details 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
Carried over to next reporting period 0

Section 3: Requests Closed During the Reporting Period

3.1 Disposition and completion time
Disposition of Requests Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 25 176 103 52 10 2 2 370
Disclosed in part 7 124 115 136 72 28 39 521
All exempted 4 6 1 1 1 3 2 18
All excluded 0 0 0 4 3 1 0 8
No records exist 59 66 16 5 0 1 0 147
Request transferred 1 0 0 0 0 0 0 1
Request abandoned 190 15 5 10 3 2 12 237
Neither confirmed nor denied 0 0 0 0 0 0 0 0
     Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 286 387 240 208 89 37 55 1302
3.2 Exemptions
Section Number of Requests
13(1)(a) 5
13(1)(b) 0
13(1)(c) 7
13(1)(d) 0
13(1)(e) 0
14 36
14(a) 3
14(b) 1
15(1) 11
15(1) - I.A.* 11
15(1) - Def.* 11
15(1) - S.A.* 0
16(1)(a)(i) 1
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 7
16(1)(c) 17
16(1)(d) 0
16(2) 95
16(2)(a) 0
16(2)(b) 0
16(2)(c) 7
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 16.5
16.6 16.6
17 17
18(a) 0
18(b) 4
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) 249
20(1)(a) 2
20(1)(b) 103
20(1)(b.1) 1
20(1)(c) 65
20(1)(d) 9
20.1 0
20.2 0
20.4 0
21(1)(a) 138
21(1)(b) 154
21(1)(c) 6
21(1)(d) 2
22 3
22.1(1) 3
23 31
23.1 0
24(1) 75
26 5

* I.A.: International Affairs Def.: Defence of Canada S.A.: Subversive Activities

3.3 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) 1
69(1)(a) 2
69(1)(b) 1
69(1)(c) 2
69(1)(d) 3
69(1)(e) 4
69(1)(f) 2
69(1)(g) re (a) 41
69(1)(g) re (b) 0
69(1)(g) re (c) 22
69(1)(g) re (d) 2
69(1)(g) re (e) 4
69(1)(g) re (f) 18
69.1(1) 0
3.4 Format of information released
Paper Electronic Other
552 338 1
3.5 Complexity
3.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
133982 91228 1154
3.5.2 Relevant pages processed and disclosed 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
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
All disclosed 349 4119 13 2443 7 4526 1 418 0 0
Disclosed in part 385 9317 98 18308 19 10042 16 20805 3 18650
All exempted 10 0 4 0 1 0 3 0 0 0
All excluded 6 0 2 0 0 0 0 0 0 0
Request abandoned 230 364 5 171 0 0 2 2065 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 980 13800 122 20922 27 14568 22 23288 3 18650
3.5.3 Other complexities
Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 69 0 0 0 69
Disclosed in part 194 0 4 0 198
All exempted 5 0 0 0 5
All excluded 7 0 0 0 7
Request abandoned 9 0 1 0 10
Neither confirmed nor denied 0 0 0 0 0
Total 284 0 5 0 289
3.6 Closed requests
3.6.1 Number of requests closed within legislated timelines
Details Requests closed within legislated timelines
Number of requests closed within legislated timelines 1094
Percentage of requests closed within legislated timelines (%) 84
3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
208 138 24 8 38
3.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines Number of Requests Past Legislated Timeline Where No Extension Was Taken Number of Requests Past  Legislated Timeline Where an Extension Was Taken Total
1 to 15 days 34 8 42
16 to 30 days 15 16 31
31 to 60 days 12 21 33
61 to 120 days 8 20 28
121 to 180 days 2 9 11
181 to 365 days 5 23 28
More than 365 days 9 26 35
Total 85 123 208
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: Extensions

4.1  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 9(1)(c)
Third-Party Notice
Section 69 Other
All disclosed 26 0 64 10
Disclosed in part 83 4 211 32
All exempted 7 0 4 1
All excluded 0 0 8 0
No records exist 1 0 2 0
Request abandoned 9 0 20 2
Total 126 4 309 45
4.2 Length of extensions
Length of Extensions 9(1)(a)
Interference With Operations
9(1)(b) Consultation 9(1)(c)
Third-Party Notice
Section 69 Other
30 days or less 79 0 46 0
31 to 60 days 22 1 64 43
61 to 120 days 20 3 185 2
121 to 180 days 2 0 13 0
181 to 365 days 2 0 1 0
365 days or more 1 0 0 0
Total 126 4 309 45

Section 5: Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of
Requests
Amount Number of
Requests
Amount
Application 880 $4,400 422 $2,110
Other fees 0 $0 0 $0
Total 880 $4,400 422 $2,110

Section 6: Consultations Received From Other Institutions and Organizations

6.1  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 298 10534 11 289
Outstanding from the previous reporting period 22 1612 4 17
Total 320 12146 15 306
Closed during the reporting period 277 9452 14 188
Carried over to next reporting period 43 2694 1 11
6.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121  to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 64 76 56 10 3 0 0 209
Disclose in part 0 13 22 18 1 1 0 55
Exempt entirely 0 0 2 0 0 0 0 2
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 7 3 1 0 0 0 0 11
Total 71 92 81 28 4 1 0 277
6.3 Recommendations and completion time for consultations received from other organizations
Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121  to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 0 7 2 1 0 0 0 10
Disclose in part 0 0 1 1 0 0 0 2
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 1 1 0 0 0 2
Total 0 7 4 3 0 0 0 14

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services
Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000
Pages Processed
1001-5000
Pages Processed
More Than 5000
Pages Processed
Number of
Requests
Pages Disclosed Number of
Requests
Pages Disclosed Number of
Requests
Pages Disclosed Number of
Requests
Pages Disclosed Number of
Requests
Pages Disclosed
1 to 15 12 310 1 74 0 0 0 0 0 0
16 to 30 11 230 3 106 0 0 0 0 0 0
31 to 60 34 531 2 155 0 0 0 0 0 0
61 to 120 1 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 58 1071 6 335 0 0 0 0 0 0
7.2 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
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 1 0 1 2 0 0 0 0 0 0
16 to 30 2 5 1 38 0 0 0 0 0 0
31 to 60 1 70 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 4 75 2 40 0 0 0 0 0 0

Section 8: Complaints and investigations

8.1 Complaints and investigations
Section 32 Notice of intention to investigate Subsection 30(5) Ceased to  investigate Section 35 Formal representations Section 37 Reports of finding received Section 37 Reports of finding containing recommendations issued by the Information Commissioner Section 37 Reports of finding containing orders issued by the Information Commissioner
52 8 73 55 1 1

Section 9: Court Action

9.1 Court actions on complaints received before June 21, 2019 and on-going
Section 41 (before June 21, 2019) Section 42 Section 44
0 0 0
9.2 Court actions on complaints received after June 21, 2019
Section 41 (after June 21, 2019)
Complainant (1) Institution (2) Third Party (3) Privacy Commissioner (4) Total
0 0 0 0 0

Section 10: Resources Related to the Access to Information Act

10.1  Costs
Expenditures Amount
Salaries $1,527,833
Overtime $948
Goods and Services, total $295,127
Professional services contracts $238,582 
Other $56,545
Total $1,823,908
10.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 20.24
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 1.92
Students 0.00
Total 22.16

New reporting requirement

Access to Information Act
Section Number of requests
16.31  Investigation under the Elections Act 0
16.6 National Security and Intelligence Committee 0
23.1 Patent or Trademark privilege 0

Statistical Report on the Privacy Act

Name of institution: Employment and Social Development Canada

Reporting period: 2019-04-01 to 2020-03-31

Section 1: Requests Under the Privacy Act

1.1 Number of requests
Details Number of Requests
Received during reporting period 15405
Outstanding from previous reporting period 826
Total 16231
Closed during reporting period 15004
Carried over to next reporting period 1227

Section 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time
Disposition of Requests Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 275 689 21 1 0 0 0 986
Disclosed in part 4332 7013 326 15 4 6 3 11699
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 1589 526 7 2 0 0 0 2124
Request abandoned 145 44 4 0 1 0 1 195
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 6341 8272 358 18 5 6 4 15004
2.2 Exemptions
Section Number of Requests
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 0
19(1)(d) 0
19(1)(e) 0
19(1)(f) 0
20 0
21 1
22(1)(a)(i) 0
22(1)(a)(ii) 0
22(1)(a)(iii) 1
22(1)(b) 54
22(1)(c) 0
22(2) 0
22.1 0
22.2 0
22.3 1
22.4 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 7
26 9812
27 61
27.1 2
28 0
2.3 Exclusions
Section Number of Requests
69(1)(a) 1
69(1)(b) 0
69.1 1
70(1) 0
70(1)(a) 0
70(1)(b) 0
70(1)(c) 0
70(1)(d) 0
70(1)(e) 0
70(1)(f) 0
70.1 0
2.4 Format of information released
Paper Electronic Other
10267 2416 2
2.5 Complexity
2.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
1259755 1208351 12880
2.5.2 Relevant pages processed and disclosed 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
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
All disclosed 918 14783 67 9419 0 0 1 11 0 0
Disclosed in part 8014 286507 3432 679688 191 114767 57 74533 5 27513
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 192 416 3 714 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 9124 301706 3502 689821 191 114767 58 74544 5 27513
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 14 0 424 1 439
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 14 0 424 1 439
2.6 Closed requests
2.6.1 Number of requests closed within legislated timelines
Details  Requests closed within legislated timelines
Number of requests closed within legislated timelines 14949
Percentage of requests closed within legislated timelines (%) 99.6
2.7 Deemed refusals
2.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
55 40 1 0 14
2.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines Number of Requests Past Legislated Timeline Where No Extension Was Taken Number of Requests Past  Legislated Timelines Where an Extension Was Taken Total
1 to 15 days 21 2 23
16 to 30 days 7 2 9
31 to 60 days 4 3 7
61 to 120 days 2 4 6
121 to 180 days 0 3 3
181 to 365 days 0 4 4
More than 365 days 1 2 3
Total 35 20 55
2.8 Requests for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 2 0 2
Total 2 0 2

Section 3: Disclosures Under Subsections 8(2) and 8(5)

3.1 Disclosures Under Subsections 8(2) and 8(5)
Paragraph 8(2)(e) Paragraph 8(2)(m) Subsection 8(5) Total
0 0 0 0

NB: The Department of Employment and Social Development Act takes precedence over Privacy Act s.8(2)

Section 4: Requests for Correction of Personal Information and Notations

4.1 Requests for Correction of Personal Information and Notations
Disposition for Correction Requests Received Number
Notations attached 2
Requests for correction accepted 4
Total 6

Section 5: Extensions

5.1 Reasons for extensions and disposition of requests
Number of requests where an extension was taken 15(a)(i) Interference with operations 15 (a)(ii) Consultation 15(b)
Translation purposes or conversion
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
260 7 41 189 11 0 0 8 4
5.2 Length of extensions
Length of Extensions 15(a)(i) Interference with operations 15 (a)(ii) Consultation 15(b)
Translation purposes or conversion
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
1 to 15 days 0 0 0 0 0 0 1 0
16 to 30 days 7 41 189 11 0 0 7 4
31 days or greater N/A N/A N/A N/A N/A N/A N/A 0
Total 7 41 189 11 0 0 8 4

Section 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 20 3137 0 0
Outstanding from the previous reporting period 1 30 2 266
Total 21 3167 2 266
Closed during the reporting period 19 2407 2 266
Carried over to the next reporting period 2 760 0 0
6.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121  to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 5 4 2 1 0 0 0 12
Disclosed in part 2 1 0 0 0 0 0 3
All exempted 1 0 0 0 0 0 0 1
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 3 0 0 0 0 0 0 3
Total 11 5 2 1 0 0 0 19
6.3 Recommendations and completion time for consultations received from other organizations
Recommendation Number of days required to complete consultation requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121  to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 1 1 0 0 0 0 0 2
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 1 1 0 0 0 0 0 2

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services
Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000
Pages Processed
1001-5000
Pages Processed
More than 5000
Pages Processed
Number of
Requests
Pages Disclosed Number of
Requests
Pages Disclosed Number of
Requests
Pages Disclosed Number of
Requests
Pages Disclosed Number of
Requests
Pages Disclosed
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
7.2 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
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 8: Complaints and Investigations Notices Received

8.1 Complaints and Investigations Notices Received
Section 31 Section 33 Section 35 Court action Total
13 23 21 0 57

Section 9: Privacy Impact Assessments (PIA) and Personal Information Banks (PIB)

9.1 Privacy Impact Assessments
Number of PIA(s) completed 9
9.2 Personal Information Banks
Personal Information Banks Active Created Terminated Modified
57 0 0 3

Section 10: Material Privacy Breaches

10.1 Material Privacy Breaches
Number of material privacy breaches reported to TBS 210
Number of material privacy breaches reported to OPC 210

Section 11: Resources Related to the Privacy Act

11.1 Costs
Expenditures Amount
Salaries $5,592,253
Overtime $57,025
Goods and Services $102,888
Professional services contracts $34,596
Other $68,292
Total $5,752,166
11.2 Human Resources
Resources Person Years Dedicated to Privacy Activities
Full-time employees 36.60
Part-time and casual employees 0.00
Regional staff 40.63
Consultants and agency personnel 0.29
Students 0.00
Total 77.52

New reporting requirement

Privacy Act
Section Number of requests
22.4 National Security and Intelligence Committee 0
27.1 Patent or Trademark privilege 0
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