Archived: 2013-2014 report: Privacy Act, Environment Canada
- Introduction
- 1. Organizational Structure
- 2. Delegation of Authority
- 3. Interpretation of the Statistical Report
- 4. Training Activities
- 5. Policies, Guidelines, Procedures and Initiative
- 6. Complaints, Investigations and Federal Court Cases
- 7. Appendix A: Statistical Report
- 8. Appendix B: Designation Order Instrument
Introduction
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The Privacy Act (R.S.C. 1985, c. P-21) came into force on July 1, 1983. The Act governs how the federal government may collect personal information, restricts the use and disclosure of this information, and gives individuals a right to review and correct their personal information. Section 72 requires every head of a federal government institution to submit a report to Parliament on the administration of the Act within their institution during the fiscal year.
This report is submitted in accordance with section 72 of the Act. It presents an overview of activities related to the Privacy Act carried out within Environment Canada during the reporting period April 1, 2013 to March 31, 2014. Further, since the Canada Emission Reduction Incentives Agency was not operational during this reporting period, an Agency report will not be prepared for this period.
The Department of the Environment was established by the Government Reorganization Act (1970-71-72, c. 42) on June 10, 1971. A number of acts and regulations provide the Department with its mandate and allow it to carry out its programs. Under the Department of the Environment Act, the powers, duties and functions of the Minister of the Environment extend to and include matters relating to:
- the preservation and enhancement of the quality of the natural environment, including water, air and soil quality;
- renewable resources, including migratory birds and other non-domestic flora and fauna;
- water;
- meteorology;
- the enforcement of any rules or regulations made by the International Joint Commission relating to boundary waters; and
- the coordination of the policies and programs of the Government of Canada respecting the preservation and enhancement of the quality of the natural environment.
Organizational Structure
The Director General of the Corporate Secretariat is Environment Canada’s Access to Information and Privacy Coordinator, and has delegated authority on all matters concerning Access to Information and Privacy (ATIP). The ATIP Secretariat, which is a part of the Corporate Secretariat, is the central coordinating body for all requests received by Environment Canada under the Privacy Act and the Access to Information Act.
The ATIP Secretariat directs all activities within Environment Canada relating to the administration, application and promotion of the Privacy Act and the Access to Information Act. It provides advice to senior management on the implementation of the statutes and prepares reports to Parliament, the Treasury Board Secretariat and senior management. The ATIP Secretariat represents the Department in complaints and investigations conducted by the Information Commissioner and Privacy Commissioner of Canada, and in any Federal Court applications arising from ATIP matters.
In 2013-2014, Environment Canada began developing and implementing a new ATIP Office organizational structure in order to improve capacity and meet future needs. This work will conclude in 2014-2015.
Capacity Development
Environment Canada remains committed to recruiting, training and maintaining a workforce that possesses specialized skills and that will continue to provide the best possible service to both internal and external clients.
Environment Canada is continuing to focus on developing capacity through its ATIP Professional Development Program. The program aims to train employees over a period of three to five years through a combination of competency-based training, professional development training and work assignments. Candidates enter the program at the PM-01 or PM-02 level and graduate as Senior ATIP Advisors at the PM-04 level. Current participants are progressing through the program with additional recruitment planned.
The Professional Development Program is enabling the ATIP Secretariat to better manage increasing workloads while facilitating succession planning through the transfer of corporate memory. The program also encourages staff to remain with the Department for a longer period of time.
In addition, Environment Canada’s ATIP Secretariat engaged in a number of staffing activities throughout the year in an effort to maintain the Department’s capacity in the face of increasing workloads.
Delegation of Authority
Decision-making responsibility for the application of the various provisions of the Privacy Act has been formally established and is outlined in the departmental Delegation of Authority Instrument. The current Designation Orders were approved by the Honourable Leona Aglukkaq,Minister of the Environment, on September 17, 2013. A copy of the designation order and the specific delegation notes pertaining to the Privacy Act are in Appendix B of this report.
Interpretation of the Statistical Report
Environment Canada’s Statistical Report on the Privacy Act is included in Appendix A of this report.
Between April 1, 2013 and March 31, 2014, Environment Canada received 20 requests under the Privacy Act. There were also 3 requests carried forward from the 2012–2013 reporting period, for a total of 23 active requests. In 2013–2014, a total of 19 requests were completed of which there were 4 requests for information for which no records exist. Four (4) requests were carried forward to the next reporting period.
Trends
Environment Canada received 9 less requests under the Privacy Act in 2013–2014 than in the previous fiscal year; this represents a decrease of 31% in the number of privacy requests received.
The following graph displays the number of requests under the Privacy Act received by Environment Canada from 2008–2009 to 2013–2014.
Privacy Requests Received: 2008-2014Long Description of Figure 1
Environment Canada completed 19 requests under the Privacy Act in 2013–2014. The following graph displays the number of requests under the Privacy Act completed by Environment Canada from 2008–2009 to 2013–2014.
Privacy Requests Closed – 2008-2014Long Description of Figure 2
The following graph shows the number of pages reviewed by the ATIP Secretariat in processing requests under the Privacy Act from 2008–2009 to 2013–2014.
Pages Reviewed – 2008-2014Long Description of Figure 3
The number of pages reviewed in response to privacy requests during the 2013–2014 reporting period decreased: 10,803 pages were processed compared to 20,698 during the previous period. This is a decrease of 48%.
The following graph shows the number of pages disclosed by the ATIP Secretariat in processing requests under the Privacy Act from 2008–2009 to 2013–2014.
Pages Disclosed – 2008-2014Long Description of Figure 4
Corrections
Subsection 12(2)(a) of the Privacy Act gives individuals a right to request a correction of personal information about them held by the federal government.
No corrections were requested or made in the 2013–2014 reporting period.
Disclosure under Subsection 8(2)
Paragraphs 8(2)(e), (f), (g), and (m) of the Privacy Act permit the disclosure of personal information to various investigative/regulatory bodies or to Members of Parliament, or if disclosure is in the public interest.
Two disclosures under paragraph 8(2)(e) were completed in the 2013–2014 reporting period.
Consultations
In 2013–2014, Environment Canada received 10 privacy consultations from other government institutions and organizations. All of the consultations were completed during the 2013–2014 reporting period.
Costs
In 2013–2014, the total cost of administering the Privacy Act was $139,334. This included $114,334 for salaries and $25,000 for goods and services ($10,000 for professional service contracts and $15,000 for other costs).
Training Activities
The Department’s Access to Information and Privacy (ATIP) Secretariat continued its training and development activities in the 2013–2014 reporting period. Fifteen (15) information and training sessions were held, attended by approximately 361 Environment Canada employees. The sessions included an overview of the Access to Information Act and Privacy Act as well as a description of internal procedures and associated deadlines for responding to requests. Information and training activities will continue throughout the 2014–2015 reporting period.
In addition, Information Management awareness presentations are available online to Environment Canada employees, which include an Access to Information and Privacy module. Approximately 647 employees downloaded the Information Management presentations in 2013–2014.
Policies, Guidelines, Procedures and Initiative
Policy Framework
Environment Canada’s access to information policy framework was approved in November 2012. The ATIP Secretariat is continuing to develop additional procedural guidance documents to assist departmental employees in responding to requests under the Access to Information Act.
In 2013-2014, Environment Canada developed a departmental Privacy Breach Protocol. The internal guidance documents are accessible to all Environment Canada employees through the Department’s ECollab site.
As a result of the Treasury Board Secretariat recent updates to the ATIP Policy Suite, Environment Canada will initiate a review of its policy documents in 2014-2015.
Publicly Accessible Information and Inquiry Points
Info Source is a series of publications containing information on the Government of Canada and on the government’s data collection activities. Info Source is intended to help the public access government information and to exercise their rights under the Privacy Act and Access to Information Act.
Each year, the ATIP Secretariat prepares updates on Environment Canada’s activities and information holdings for publication in Info Source, which is published on the department’s website. During 2013–2014, Environment Canada continued to revise its Info Source chapter based on the Department’s program activity architecture.
Environment Canada’s comprehensive website provides information on the Department’s policies, its organizational structure and the means to contact Department officials. In accordance with the federal government’s policy of proactive disclosure, the Department’s website also allows access to internal evaluations and audits, as well as information on hospitality expenses, contracts and grants.
Environment Canada’s website also has an Access to Information and Privacy webpage that provides background information on both the Access to Information Act and the Privacy Act. It also contains a Frequently Asked Questions section and links to access to information request forms, personal information request forms and summaries of completed access to information requests.
In order to facilitate public access to information and to comply with the Act, the Environment Canada Library has been designated a public reading room. The Library is located on the 1st floor of the Place Vincent Massey Annex, 351 St. Joseph Boulevard, Gatineau, Quebec.
Online Request Service
During the 2013-2014 reporting period, Environment Canada joined the Treasury Board Secretariat Online Request Service Pilot Project. This initiative aims to make the process of requesting government records simpler and more convenient by enabling Canadians to submit their ATIP requests and application fees online. The department is scheduled to begin receiving online requests in April 2014.
Data Sharing Activities
The Department did not undertake any new internal or external data sharing activities in 2013–2014.
Exempt Personal Information Banks
Environment Canada has no exempt Personal Information Banks.
Privacy Impact Assessments
To fulfill its mandate, some of Environment Canada’s responsibilities require the collection, use and disclosure of personal information. As a trusted custodian of this information, the Department uses Privacy Impact Assessments (PIAs) in accordance with Treasury Board policy, as a risk management tool. Although Environment Canada did not initiate any Privacy Impact Assessments during the reporting period, the ATIP Secretariat, regularly provides advice to departmental employees on privacy matters.
Complaints, Investigations and Federal Court Cases
During the 2013–2014 reporting period, there was one complaint filed against Environment Canada with the Office of the Privacy Commissioner. This complaint was closed during the reporting period and deemed well founded – resolved without recommendation. No complaints were carried over from the previous reporting period.
Application/Appeals to the Federal Court or Federal Court of Appeal
There were no applications or appeals to the Federal Court or Federal Court of Appeal under the Privacy Act during the 2013–2014 reporting period.
Appendix A: Statistical Report
Statistical Report on the Privacy Act
Name of institution: Environment Canada
Reporting period: 01/04/2013 to 31/03/2014
Part 1: Requests under the Privacy Act
| Received during reporting period | 20 |
| Outstanding from previous reporting period | 3 |
| Total | 23 |
| Closed during reporting period | 19 |
| Carried over to next reporting period | 4 |
Part 2: Requests closed during the reporting period
| Disposition of requests | 1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days |
Total |
|---|---|---|---|---|---|---|---|---|
| All disclosed | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 2 |
| Disclosed in part | 0 | 2 | 6 | 2 | 1 | 1 | 0 | 12 |
| All exempted | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| No records exist | 1 | 1 | 1 | 1 | 0 | 0 | 0 | 4 |
| Request abandoned | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 |
| Total | 1 | 5 | 8 | 3 | 1 | 1 | 0 | 19 |
| Section | Number of requests |
|---|---|
| 18(2) | 0 |
| 19(1)(a) | 0 |
| 19(1)(b) | 0 |
| 19(1)(c) | 0 |
| 19(1)(d) | 0 |
| 19(1)(e) | 0 |
| 19(1)(f) | 0 |
| 20 | 0 |
| 21 | 0 |
| 22(1)(a)(i) | 0 |
| 22(1)(a)(ii) | 0 |
| 22(1)(a)(iii) | 0 |
| 22(1)(b) | 0 |
| 22(1)(c) | 0 |
| 22(2) | 0 |
| 22.1 | 0 |
| 22.2 | 0 |
| 22.3 | 0 |
| 23(a) | 0 |
| 23(b) | 0 |
| 24(a) | 0 |
| 24(b) | 0 |
| 25 | 0 |
| 26 | 12 |
| 27 | 1 |
| 28 | 0 |
| Section | Number of requests |
|---|---|
| 69(1)(a) | 0 |
| 69(1)(b) | 0 |
| 69.1 | 0 |
| 70(1)(a) | 0 |
| 70(1)(b) | 0 |
| 70(1)(c) | 0 |
| 70(1)(d) | 0 |
| 70(1)(e) | 0 |
| 70(1)(f) | 0 |
| 70.1 | 0 |
| Disposition | Paper | Electronic | Other formats |
|---|---|---|---|
| All disclosed | 2 | 0 | 0 |
| Disclosed in part | 8 | 4 | 0 |
| Total | 10 | 4 | 0 |
2.5 Complexity
| Disposition of requests | Number of pages processed | Number of pages disclosed | Number of requests |
|---|---|---|---|
| All disclosed | 11 | 11 | 2 |
| Disclosed in part | 10,792 | 4,326 | 12 |
| All exempted | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 |
| Request abandoned | 0 | 0 | 1 |
2.5.2 Relevant pages processed and disclosed by size of requests
| Disposition | Number of requests | Pages disclosed |
|---|---|---|
| All disclosed | 2 | 11 |
| Disclosed in part | 2 | 48 |
| All exempted | 0 | 0 |
| All excluded | 0 | 0 |
| Abandoned | 1 | 0 |
| Total | 5 | 59 |
| Disposition | Number of requests | Pages disclosed |
|---|---|---|
| All disclosed | 0 | 0 |
| Disclosed in part | 5 | 646 |
| All exempted | 0 | 0 |
| All excluded | 0 | 0 |
| Abandoned | 0 | 0 |
| Total | 5 | 646 |
| Disposition | Number of requests | Pages disclosed |
|---|---|---|
| All disclosed | 0 | 0 |
| Disclosed in part | 3 | 1,753 |
| All exempted | 0 | 0 |
| All excluded | 0 | 0 |
| Abandoned | 0 | 0 |
| Total | 3 | 1,753 |
| Disposition | Number of requests | Pages disclosed |
|---|---|---|
| All disclosed | 0 | 0 |
| Disclosed in part | 1 | 865 |
| All exempted | 0 | 0 |
| All excluded | 0 | 0 |
| Abandoned | 0 | 0 |
| Total | 1 | 865 |
| Disposition | Number of requests | Pages disclosed |
|---|---|---|
| All disclosed | 0 | 0 |
| Disclosed in part | 1 | 1,014 |
| All exempted | 0 | 0 |
| All excluded | 0 | 0 |
| Abandoned | 0 | 0 |
| Total | 1 | 1,014 |
| Disposition | Consultation required | Legal Advice Sought | Interwoven Information | Other | Total |
|---|---|---|---|---|---|
| All disclosed | 0 | 0 | 0 | 0 | 0 |
| Disclosed in part | 2 | 0 | 3 | 2 | 7 |
| All exempted | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 |
| Abandoned | 0 | 0 | 0 | 0 | 0 |
| Total | 2 | 0 | 3 | 2 | 7 |
2.6 Deemed refusals
| Number of requests closed past the statutory deadline | Workload | External consultation | Internal consultation | Other |
|---|---|---|---|---|
| 7 | 2 | 1 | 3 | 1 |
| Number of days past deadline | Number of requests past deadline where no extension was taken | Number of requests past deadline where an extension was taken | Total |
|---|---|---|---|
| 1 to 15 days | 2 | 2 | 4 |
| 16 to 30 days | 0 | 0 | 0 |
| 31 to 60 days | 1 | 0 | 1 |
| 61 to 120 days | 0 | 2 | 2 |
| 121 to 180 days | 0 | 0 | 0 |
| 181 to 365 days | 0 | 0 | 0 |
| More than 365 days | 0 | 0 | 0 |
| Total | 3 | 4 | 7 |
| Translation Requests | Accepted | Refused | Total |
|---|---|---|---|
| English to French | 0 | 0 | 0 |
| French to English | 0 | 0 | 0 |
| Total | 0 | 0 | 0 |
Part 3: Disclosures under subsection 8(2)
| Paragraph 8(2)(e) | Paragraph 8(2)(m) | Total |
|---|---|---|
| 2 | 0 | 2 |
Part 4: Requests for correction of personal information and notations
| Number | |
|---|---|
| Requests for correction received | 0 |
| Requests for correction accepted | 0 |
| Requests for correction refused | 0 |
| Notations attached | 0 |
Part 5: Extensions
| Disposition of requests where an extension was taken | 15(a)(i) Interference with operations |
15(a)(ii) Consultation (Section 70) |
15(a)(ii) Consultation (Other) |
15(b) Translation or conversion |
|---|---|---|---|---|
| All disclosed | 1 | 0 | 0 | 0 |
| Disclosed in part | 8 | 0 | 1 | 0 |
| All exempted | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 |
| No records exist | 0 | 0 | 0 | 0 |
| Request abandoned | 0 | 0 | 0 | 0 |
| Total | 9 | 0 | 1 | 0 |
| Length of extensions | 15(a)(i) Interference with operations |
15(a)(ii) Consultation (Section 70) |
15(a)(ii) Consultation (Other) |
15(b) Translation purposes |
|---|---|---|---|---|
| 1 to 15 days | 0 | 0 | 0 | 0 |
| 16 to 30 days | 9 | 0 | 1 | 0 |
| Total | 9 | 0 | 1 | 0 |
Part 6: Consultations received from other institutions and organizations
| Consultations | Other government institutions | Number of pages to review | Other organizations | Number of pages to review |
|---|---|---|---|---|
| Received during the reporting period | 10 | 993 | 0 | 0 |
| Outstanding from the previous reporting period | 0 | 0 | 0 | 0 |
| Total | 10 | 993 | 0 | 0 |
| Closed during the reporting period | 10 | 993 | 0 | 0 |
| Pending at the end of the reporting period | 0 | 0 | 0 | 0 |
6.2 Recommendations and completion time for consultations received from other government institutions
| Recommendation | 1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days |
181 to 365 days |
More than 365 days |
Total |
|---|---|---|---|---|---|---|---|---|
| Disclose entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Disclose in part | 6 | 0 | 4 | 0 | 0 | 0 | 0 | 10 |
| Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 6 | 0 | 4 | 0 | 0 | 0 | 0 | 10 |
6.3 Recommendations and completion time for consultations received from other organizations
| Recommendation | 1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days |
181 to 365 days |
More than 365 days |
Total |
|---|---|---|---|---|---|---|---|---|
| Disclose entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Disclose in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Part 7: Completion time of consultations on Cabinet confidences
| Number of days | Number of responses received | Number of responses received past deadline |
|---|---|---|
| 1 to 15 | 0 | 0 |
| 16 to 30 | 0 | 0 |
| 31 to 60 | 0 | 0 |
| 61 to 120 | 0 | 0 |
| 121 to 180 | 0 | 0 |
| 181 to 365 | 0 | 0 |
| More than 365 | 0 | 0 |
| Total | 0 | 0 |
Part 8: Resources related to the Privacy Act
| Expenditures | Amount | |
| Salaries | $114,334 | |
| Overtime | $0 | |
| Goods and Services | $25,000 | |
| Contracts for privacy impact assessments | $0 | |
| Professional services contracts | $10,000 | |
| Other | $15,000 | |
| Total | $139,334 | |
| Resources | Dedicated full-time | Dedicated part-time | Total |
|---|---|---|---|
| Full-time employees | 0.00 | 4.00 | 4.00 |
| Part-time and casual employees | 0.00 | 0.00 | 0.00 |
| Regional staff | 0.00 | 0.00 | 0.00 |
| Consultants and agency personnel | 0.00 | 1.00 | 1.00 |
| Students | 0.00 | 0.00 | 0.00 |
| Total | 0.00 | 5.00 | 5.00 |
Appendix B: Designation Order Instrument
Access to Information Act and Privacy Act Delegation Order
The Minister of the Environment, pursuant to section 73 of the Access to Information Act and section 73 of the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Minister of the Environment as the head of Environment Canada, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders.
| Position | Access to Information Act and Regulations | Privacy Act and Regulations |
|---|---|---|
| Deputy Minister of the Environment | Full authority | Full authority |
| Associate Deputy Minister of the Environment | Full authority | Full authority |
| Director General, Corporate Secretariat | Full authority | Full authority |
| Director, Access to Information and Privacy | Full authority | Full authority |
| Manager, Access to Information and Privacy | Full authority | Full authority |
Dated, at the City of Gatineau, Quebec, this 17th day of September 2013
(signed)
Leona Aglukkaq
Minister of the Environment
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