Administration of the Privacy Act
Annual Report to Parliament 2019-2020

Administration of the Privacy Act - Annual Report to Parliament 2019-2020

Catalogue Number: En104-21/2E-PDF
ISSN 2562-7686

Impact Assessment Agency of Canada
Access to Information and Privacy Coordinator

Physical/mailing address:
160 Elgin St. 22nd Floor
Ottawa, ON K1A 0H3

Telephone: 613-948-1362
Email: iaac.atip-aiprp.aeic@canada.ca

Table of Contents

Introduction

The Privacy Act (the Act) provides Canadian citizens and people present in Canada the right to have access to information about them that is held by the federal government. It also protects against unauthorized disclosure of that personal information. In addition, it strictly controls how government will collect, use, store, disclose, and dispose of any personal information.

This report is submitted in accordance with Section 72(1) of the Act which 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 reporting period. It presents an overview of the Privacy Act activities carried out within the Impact Assessment Agency of Canada (formerly known as the Canadian Environmental Assessment Agency and further referred to in this report as “the Agency”) during the reporting period of April 1, 2019 to March 31, 2020.

Established in 1994, the Agency came into being to prepare for the implementation of the Canadian Environmental Assessment Act, which came into effect in early 1995. The Agency is a federal body accountable to the Minister of Environment and Climate Change. The Agency provides high-quality impact assessments that contribute to informed decision making, in support of sustainable development. The Agency is the responsible authority for most federal impact assessments. The current Impact Assessment Act of Canada, 2019 came into force on August 28, 2019 and its accompanying regulations provide the legislative framework for impact assessments.

Organizational Structure

The provision of Access to Information and Privacy (ATIP) services in the Agency is the responsibility of the Director of Human Resources, Wellness Division & ATIP Division who reports to the President through the Vice-President, Corporate Services, to fulfill the Agency’s Privacy Act responsibilities.

The ATIP function is the direct responsibility of the ATIP Coordinator and a team of two ATIP Officers.

The ATIP Team administers the Act by:

Delegation Order

For the purposes of the Act, the Agency’s “head of the institution” as defined in Section 3 of the Act is the President of the Agency.

The responsibilities associated with the administration of the Act are delegated to the senior executive officers reporting directly to the President (Vice-presidents and General Counsel), as well as the Access to Information and Privacy Coordinator by the President for the effective administration of the program. The decision-making responsibility for the application of the various provisions of the Act is formally established and outlined in the departmental Delegation of Authority Instrument which can be found under Appendix A.

Statistical Report – Interpretation and Analysis

The Statistical Report on Privacy requests processed by the Agency from April 1, 2019 to March 31, 2020 is included in Appendix B of this report. The following sections provide an overview of key data on the Agency’s performance for the year with explanations, interpretations and analysis of the Statistical Report for 2019-2020.

Privacy Act Requests Received

The Agency received five requests under the Privacy Act during the 2019-2020 reporting period and brought one request forward from the previous year. Figure 1 shown below is the disposition and completion time of the six Privacy requests that were closed during the reporting period. The Agency did not carry any requests forward into the 2020-2021 reporting period. The Agency invoked two extensions (beyond the initial 30 days) for Privacy requests this reporting year. This information is also reflected in Table 2.1 of the Statistical Report in Appendix B.

Figure 1

Disposition of Requests

Completion Time

1 to 15 Days

16 to 30 Days

31 to 60 Days

61 to 120 Days

121 to 180 Days

181 to 365 Days

More Than 365 Days

Total

All disclosed

0

0

0

0

0

0

0

0

Disclosed in part

0

1

2

0

0

0

0

3

Request abandoned

0

3

0

0

0

0

0

3

Total

0

4

2

0

0

0

0

6

Multi-year Trends

Figure 2 below demonstrates the number of Privacy requests the Agency received over the past four reporting periods.

Figure 2
 

2016-2017

2017-2018

2018-2019

2019-2020

Number of Requests Received

0

2

5

6

New Exemptions Table

Figure 3 demonstrates that the Agency has not invoked any new privacy exemptions in the 2019-2020 reporting period.

Figure 3

Section

Number of Requests

22.4 Secretariat of the National Security and Intelligence Committee

0

27.1 Patent or Trademark privilege

0

Training and Awareness

Agency employees are provided with training and guidance to assist them in fulfilling their duties under the Privacy Act. The ATIP Team is currently developing a new training to reflect the changes arising from Bill C-58: An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, which came into force in June 2019.

Employees have been informed of the privacy-related training offered by the Canada School of Public Service. Training and reference materials are also made available to employees on the Agency’s Intranet site.

Policies, Guidelines and Procedures

There were no new policies, guidelines or procedures implemented during this reporting period.

Complaints, Audits and Investigations

There were no complaints filed with the Office of the Privacy Commissioner of Canada during the reporting period. As well, there were no investigations and no appeals have been filed with the Federal Court of Appeal.

Monitoring and Reporting

The Agency continues to ensure compliance with the Privacy Act through effective reporting and monitoring mechanisms. Weekly ATIP reports are prepared for the

Vice-President, Corporate Services, and the Agency’s senior leadership. These reports include detailed status of individual requests, compliance statistics, and any complaint investigations.

Special reports are also submitted to provide justifications for any time extensions or sensitive requests.

Privacy Breaches

No material privacy breaches occurred during the 2019-2020 reporting period.

Privacy Impact Assessments

One Privacy Impact Assessment (PIA) was completed during the 2019-2020 reporting period. The Agency undertook a PIA on the Impact Assessment Registry Renewal and has submitted the completed PIA to the Office of the Privacy Commissioner and Treasury Board Secretariat for review.

Disclosures under Paragraphs 8(2)(m) of the Privacy Act

There were no disclosures pursuant to paragraphs 8(2)(m) of the Privacy Act during the 2019-2020 reporting period.

Data Matching and Sharing Activities

There was no data matching or sharing activities undertaken during this reporting period.

Appendices

Appendix A: Designation Order

Designation order

(Privacy Act)

As head of the Canadian Environmental Assessment Agency for purposes of the Privacy Act, I hereby designate, under section 73 of that Act, the officers and employees of the Canadian Environmental Assessment Agency, who hold the positions set out in the attached Annex, to exercise or perform all of the powers, duties or functions that are conferred upon me by the provisions of the Privacy Act specified in the aforementioned Annex.

Original signed July 23, 2017 by Ron Hallman, President, Canadian Environmental Assessment Agency.

Annex to Designation Order (Privacy Act) Dated – July 2014

The Access to Information and Privacy Coordinator and the Senior Executive Officers reporting directly to the President of the Canadian Environmental Assessment Agency are designated to exercise or perform all powers, duties or functions of the President as the head of the Canadian Environmental Assessment Agency under the provisions of the Privacy Act listed below. This designation replaces all previous delegation orders.

8(2)(e)

Disclose personal information for law enforcement or investigation

8(2)(m)

Disclose personal information in the public interest or in the interest of the individual

8(4)

Retain copy of 8(2)(e) requests and disclosed records

8(5)

Notify Privacy Commissioner of 8(2)(m) disclosures

9(1)

Retain record of use

9(4)

Notify Privacy Commissioner of consistent use and amend index

10(1)

Include personal information in personal information banks

14(a)

Provide notice when access is requested

14(b)

Provide access to the information or part thereof

15

Extend time limit

17(2)(b)

Cause translation or interpretation to be made

18(2)

Apply exemption - Personal information contained in an exempt bank

19(1)

Apply exemption - Personal information obtained in confidence from other governments

19(2)

Apply exemption - Personal information if the other government, organization or institution consents to the disclosure or makes the information public

20

Apply exemption - Personal information injurious to the conduct of federal-provincial affairs

21

Apply exemption - Personal information injurious to international affairs or defense

22(1)

Apply exemption - Personal information injurious to law enforcement or investigation

22(2)

Apply exemption - Personal information obtained or prepared by the RCMP while performing policing services for a province or municipality

22 (3)

Apply exemption - Personal information requested under subsection 12(1) that was created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.

23

Apply exemption - Personal information prepared by an investigative body for security clearances

24

Apply exemption - Personal information collected by the Canadian Penitentiary Service, the National Parole Service or the National Parole Board while individual was under sentence

25

Apply exemption - Personal information which could threaten the safety of individuals

26

Apply exemption - Personal information about another individual

27

Apply exemption - Personal information subject to solicitor-client privilege

28

Apply exemption - Personal information relating to the individual’s physical or mental health

31

Receive notice of intention of investigation by the Privacy Commissioner

33(2)

Make representations to the Privacy Commissioner in the course of an investigation

35

Give notice to the Information Commissioner of action taken/to be taken to implement recommendations and provide access to complainant after 35(1)(b) notice

36(3)

Receive Privacy Commissioner’s report of findings of investigation of exempt bank

37(3)

Receive report of Privacy Commissioner’s findings after compliance investigation

51(2)(b)

Request that hearing be held in the National Capital Region

51(3)

Request and be given opportunity to make representations in section 51 hearings

70(1)

Exclusion - Confidences of the Queen’s Privy Council for Canada

72(1)

Prepare annual report to Parliament

77

Fulfill any responsibilities that are conferred upon the head of the institution by the regulations made under section 77 and are not included above

Appendix B: Statistical Report on the Privacy Act

Name of institution: Impact Assessment Agency of Canada

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

Part 1: Requests Under the Privacy Act

Workload

Number of Requests

Received during reporting period

5

Outstanding from previous reporting period

1

Total

6

Closed during reporting period

6

Carried over to next reporting period

0

Part 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time

Disposition of Requests

Completion Time

1 to 15 Days

16 to 30 Days

31 to 60 Days

61 to 120 Days

121 to 180 Days

181 to 365 Days

More Than 365 Days

Total

All disclosed

0

0

0

0

0

0

0

0

Disclosed in part

0

1

2

0

0

0

0

3

All exempted

0

0

0

0

0

0

0

0

All excluded

0

0

0

0

0

0

0

0

No records exist

0

0

0

0

0

0

0

0

Request abandoned

0

3

0

0

0

0

0

3

Neither confirmed nor denied

0

0

0

0

0

0

0

0

Total

0

4

2

0

0

0

0

6

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

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

3

27

0

28

0

2.3 Exclusions

Section

Number of Requests

69(1)(a)

0

69(1)(b)

0

69.1

0

70(1)

0

70(1)(a)

0

70(1)(b)

0

70(1)(c)

0

70(1)(d)

0

70(1)(e)

0

70(1)(f)

0

70.1

0

2.4 Format of information released

Disposition

Paper

Electronic

Other formats

All disclosed

0

0

0

Disclosed in part

0

3

0

Total

0

3

0

2.5 Complexity
2.5.1 Relevant pages processed and disclosed

Disposition of Requests

Number of Pages Processed

Number of Pages Disclosed

Number of Requests

All disclosed

0

0

0

Disclosed in part

7486

4332

3

All exempted

0

0

0

All excluded

0

0

0

Request abandoned

0

0

3

Neither confirmed nor denied

0

0

0

Total

7486

4332

6

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

0

0

0

0

0

0

0

0

0

0

Disclosed in part

0

0

1

230

0

0

2

4102

0

0

All exempted

0

0

0

0

0

0

0

0

0

0

All excluded

0

0

0

0

0

0

0

0

0

0

Request abandoned

3

0

0

0

0

0

0

0

0

0

Neither confirmed nor denied

0

0

0

0

0

0

0

0

0

0

Total

3

0

1

230

0

0

2

4102

0

0

2.5.3 Other complexities

Disposition

Consultation Required

Legal Advice Sought

Interwoven Information

Other

Total

All disclosed

0

0

0

0

0

Disclosed in part

0

0

0

0

0

All exempted

0

0

0

0

0

All excluded

0

0

0

0

0

Request abandoned

0

0

0

0

0

Neither confirmed nor denied

0

0

0

0

0

Total

0

0

0

0

0

2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline

Number of Requests Closed Past the Statutory Deadline

Principal Reason

Workload

External Consultation

Internal Consultation

Other

0

0

0

0

0

2.6.2 Number of days past deadline

Number of Days Past Deadline

Number of Requests Past Deadline Where No Extension Was Taken

Number of Requests Past Deadline Where An Extension Was Taken

Total

1 to 15 days

0

0

0

16 to 30 days

0

0

0

31 to 60 days

0

0

0

61 to 120 days

0

0

0

121 to 180 days

0

0

0

181 to 365 days

0

0

0

More than 365 days

0

0

0

Total

0

0

0

2.7 Requests for translation

Translation Requests

Accepted

Refused

Total

English to French

0

0

0

French to English

0

0

0

Total

0

0

0

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

Paragraph 8(2)(e)

Paragraph 8(2)(m)

Subsection 8(5)

Total

0

0

0

0

Part 4: Requests for Correction of Personal Information and Notations

Disposition for Correction Requests Received

Number

Notations attached

0

Requests for correction accepted

0

Total

0

Part 5: Extensions

5.1 Reasons for extensions and disposition of requests

Disposition of Requests Where an Extension Was Taken

15(a)(i)
Interference With Operations

15(a)(ii)
Consultation

15(b)
Translation or Conversion

Section 70

Other

All disclosed

0

0

0

0

Disclosed in part

2

0

0

0

All exempted

0

0

0

0

All excluded

0

0

0

0

No records exist

0

0

0

0

Request abandoned

0

0

0

0

Total

2

0

0

0

5.2 Length of extensions

Length of Extensions

15(a)(i)
Interference with operations

15(a)(ii)
Consultation

15(b)
Translation purposes

Section 70

Other

1 to 15 days

0

0

0

0

16 to 30 days

2

0

0

0

Total

2

0

0

0

Part 6: Consultations Received From Other Institutions and Organizations

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

Consultations

Other Government of Canada Institutions

Number of Pages to Review

Other Organizations

Number of Pages to Review

Received during the reporting period

0

0

0

0

Outstanding from the previous reporting period

0

0

0

0

Total

0

0

0

0

Closed during the reporting period

0

0

0

0

Pending at the end of the reporting period

0

0

0

0

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

Recommendation

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

0

0

0

0

0

0

0

0

Disclosed in part

0

0

0

0

0

0

0

0

All exempted

0

0

0

0

0

0

0

0

All excluded

0

0

0

0

0

0

0

0

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

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

0

0

0

0

0

0

0

0

Disclosed in part

0

0

0

0

0

0

0

0

All exempted

0

0

0

0

0

0

0

0

All excluded

0

0

0

0

0

0

0

0

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

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

Part 8: Complaints and Investigations Notices Received

Section 31

Section 33

Section 35

Court action

Total

0

0

0

0

0

Part 9: Privacy Impact Assessments (PIAs) and Personal Information Banks (PIBs)

9.1 Privacy Impact Assessments

Number of PIA(s) completed

1

9.2 Personal Information Banks

Personal Information Banks

Active

Created

Terminated

Modified

-

2

0

0

0

Part 10: Material Privacy Breaches

Number of material privacy breaches reported to TBS

0

Number of material privacy breaches reported to OPC

0

Part 11: Resources Related to the Privacy Act

11.1 Costs

Expenditures

Amount

Salaries

$7,590

Overtime

$0

Goods and Services

  • Professional services contracts = $0
  • Other = $0

$0

Total

$7,590

11.2 Human Resources

Resources

Person Years Dedicated to Privacy Activities

Full-time employees

0.05

Part-time and casual employees

0.00

Regional staff

0.00

Consultants and agency personnel

0.00

Students

0.00

Total

0.05

Note: Enter values to two decimal places.

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