2019-2020 Annual Reports on the Access to Information Act and the Privacy Act

Table of Contents

Report on the Access to Information Act

1. Introduction

The Access to Information Act gives Canadian citizens, as well as people and corporations present in Canada, the right to access federal government records that are not of a personal nature. The Act complements, but does not replace, other procedures for obtaining government information. It is not intended to limit, in any way, access to government information that is normally available to the public upon request.

The 2019-20 Annual Report is prepared and tabled in Parliament in accordance with section 94 of the Access to Information Act and section 20 of the Service Fees Act.

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

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

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

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

2. Organizational Structure

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

The ATIP Coordinator, the Director General, Corporate Services, and the Director General, Operations and General Counsel have delegated authority to oversee the administration of the Access to Information Act and the Privacy Act within the Committee and to ensure compliance with the legislation.

A description of the classes of institutional records held by the Committee is available online at https://www.canada.ca/en/military-grievances-external-review/corporate/transparency/info-source-sources-federal-government-employee-information.html. The Committee does not have any exempt banks.

In accordance with the Access to Information Act, members of the public may examine publications and other public documents governing the Committee's administration and operations at:

Military Grievances External Review Committee
60 Queen Street, 10th Floor
Ottawa, Ontario K1P 5Y7

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

3. Delegation Order for the Access to Information Act

The Canadian Forces Grievance Board was renamed to the Military Grievances External Review Committee by the Act to amend the National Defence Act and to make consequential amendments to other Acts, S.C. 2013, c., 24, s.11(1). A new delegation order was signed by the Chairperson to reflect the name change.

Delegation Order

Access to Information Act

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

Approved by:

Original signed by

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

Date: July 15, 2020

Schedule A
Military Grievances External Review Committee
Delegation of powers, functions and duties pursuant to section 95(1) of the Access to Information Act
Section Description Director General, Corporate Services Director General, Operations and General Counsel ATIP Coordinator
7 Respond to request for access within 30 days; give access or give notice X   X
8 Transfer a request to the government institution with greater interest; give written notice of the transfer to applicant X   X
9 Extend time limits for responding to request and give notice to Information Commissioner of extension over 30 days X   X
10 Issue notice where access is refused X X X
11 Administer the collection of fees X   X
12(2) Decide whether to translate requested record(s) X   X
12(3) Convert record(s) in an alternative format, when necessary and reasonable X   X
13(1) Shall refuse to disclose any record obtained in confidence from another government X X  
13(2) May disclose any record referred to in 13(1) if the other government consents to the disclosure or makes the information public X X  
14 May refuse to disclose any record if reasonably injurious to the conduct of Federal-Provincial affairs X X  
15 May refuse to disclose any record if reasonably injurious to international affairs and defence or the detection, prevention, or suppression of subversive or hostile activities X X  
16 May refuse to disclose any record pertaining to law enforcement and investigations, to information that could reasonably be expected to facilitate the commission of an offence, to confidential information on policing services for provinces and municipalities X X  
17 May refuse to disclose any record that could reasonably threaten the safety of individuals X X  
18 May refuse to disclose any record that could reasonably be expected to be materially injurious to the economic interest of Canada X X  
19 Shall refuse to disclose any record that contains personal information as defined in section 3 of the Privacy Act X X X
20 Shall refuse to disclose any record that contains third party information X X X
21 May refuse to disclose any record that contains information related to the operations of government X X  
22 May refuse to disclose any record that contains information relating to testing or auditing procedures X X  
23 May refuse to disclose any record that contains information subject to solicitor-client privilege X X X
24 Shall refuse to disclose any record that is subject to statutory prohibitions as set out in Schedule II X X  
25 Shall sever any information that could risk being disclosed X X X
26 May refuse to disclose any record on reasonable grounds that such material is to be published within a 90 day period or longer X X  
27(1) and (4) Shall give notice to a third party of the intent to disclose any records that may contain third party information and may extend the time limit for third party notification X X X
28(1)(b) Shall within 30 days after notice is given to third party as per Section 27(1), give notice of the decision to disclose any record pertaining to the third party X X X
28(2) Waive the requirements for a written representation by a third party X X X
28(4) Disclose a record pertaining to third party following 20 days from the notice having been issued to a third party of the decision to disclose, unless the third party requests a review of the decision as per section 44 X X X
29(1) Give written notice to the applicant and to any involved third party of the Board's decision to disclose information on the recommendation of the Information Commissioner X X  
33 Shall advise the Information Commissioner of any third party notified under section 27(1) when given notice of an investigation or that would have been notified had disclosure been intended X   X
35(2) Right to make representation to the Information Commissioner in the course of an investigation X X  
37(1)(b) Receive Information Commissioner's report of findings and recommendations and give notice of action taken or reasons why no action was taken X X  
37(3) Prepare response to the Information Commissioner's initial report. This response will outline how the Commissioner's recommendations will be implemented or will explain why the recommendations have not / will not be implemented. X   X
37(4) Give complainant access to a record after 37(1)(b) where a notice is required X X  
43(1) Give notice to a third party of an application for a Court review under section 41 or 42 X X X
44(2) Give notice to an applicant of the third party's application for a Court review under section 44 X X X
52(2) Request that sections 41 or 42 hearings held in camera be heard and determined in the National Capital Region X X X
52(3) Request and be given right to make representation ex parte in Section 52 X X X
68,69 Deny any record that is excluded in the Act X X X
71(2) Exclude any exempt information contained in manuals before the manuals are inspected by the public X X X
72(1) Prepare Annual Report to Parliament     X
77 Responsibilities conferred on the head of the institution by the regulations made under Section 77 X X X
95(2) Delegate any of their powers, duties or functions under this Act to one or more officers or employees of another government institution X   X
96(1) Provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution X   X

Statistical Report on the Access to Information Act

Name of institution: Military Grievances External Review Committee

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

Section 1: Requests Under on the Access to Information Act

1.1 Number of Requests
  Number of Requests
Received during reporting period 0
Outstanding from previous reporting period 0
Total 0
Closed during reporting period 0
Carried over to next reporting period 0
1.2 Sources of requests
Source Number of Requests
Media 0
Academia 0
Business (private sector) 0
Organization 0
Public 0
Decline to Identify 0
Total 0
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
4 5 5 1 0 0 0 15

Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.

Section 2: Decline to act vexatios, made in bad faith or abuse of rights requests

2.1 Number of Requests
  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 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 0 0 0 0 0 0 0
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0
3.2 Exemptions
Section Number of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 0
14 0
14(a) 0
14(b) 0
15(1) 0
15(1) - I.A.Table note 1 0
15(1) - Def.Table note 2 0
15(1) - S.A.Table note 3 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0
16(2) 0
16(2)(a) 0
16(2)(b) 0
16(2)(c) 0
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 0
16.1(1)(c) 0
16.1(1)(d) 0
16.2(1) 0
16.3 0
16.31 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
16.6 0
17 0
18(a) 0
18(b) 0
18(c) 0
18(d) 0
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 0
20(1)(a) 0
20(1)(b) 0
20(1)(b.1) 0
20(1)(c) 0
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 0
21(1)(b) 0
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 0
23.1 0
24(1) 0
26 0

Table notes

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) 0
69(1)(a) 0
69(1)(b) 0
69(1)(c) 0
69(1)(d) 0
69(1)(e) 0
69(1)(f) 0
69(1)(g) re (a) 0
69(1)(g) re (b) 0
69(1)(g) re (c) 0
69(1)(g) re (d) 0
69(1)(g) re (e) 0
69(1)(g) re (f) 0
69.1(1) 0
3.4 Format of information released
Paper Electronic Other Formats
0 0 0

3.5 Complexity

3.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
0 0 0
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 0 0 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request Abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0
3.5.3 Other complexities
Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 0 0 0 1 1
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 1 1

3.6 Closed requests

3.6.1 Number of requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 0
Percentage of requests closed within legislated timelines (%) 0

3.7 Deemed refusals

3.7.1 Reasons for not meeting legislated deadline
Number of Requests Closed Past the Legislated Deadline Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
0 0 0 0 0
3.7.2 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
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 0 0 0 0
Disclosed in part 0 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 0 0 0 0
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 0 0 0 0
31 to 60 days 0 0 0 0
61 to 120 days 0 0 0 0
121 to 180 days 0 0 0 0
181 to 365 days 0 0 0 0
365 days or more 0 0 0 0
Total 0 0 0 0

Section 5: Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of Requests Amount Number of Requests Amount
Application 0 $0 0 $0
Other fees 0 $0 0 $0
Total 0 $0 0 $0

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 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
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
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 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Section 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

 Complaints and Investigations 
Section 32 Notice of intention to investigate Section 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
0 0 0 0 0 0

Section 9: Court Action

9.1 Court Action on complaints received before the coming into force of Bill C-58 and on-going
Section 41 (before C-58) Section 42 Section 44
0 0 0
9.2 Court Action on complaints received after the coming into force of Bill C-58
Section 41 (after the coming into force of Bill C-58)
Complaint (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 $6,632
Overtime $0
Goods and Services $2,440
Professional services contracts $0  
Other $2,440  
Total $9,072
10.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.05
Part-time and casual employees 0.05
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 0.10

Note: Enter values to two decimal places.

4. Highlights of the Statistical Report 2019-2020

During the reporting period of April 1, 2019, to March 31, 2020, the Committee received 15 new requests under the Access to Information Act, all of which were informal. This is consistent with the number of requests received in the previous reporting period (14 requests), although one of the requests received in 2018-19 was formal.

All of the requests in 2019-20 were deemed informal because the requests were related to information contained in case summaries produced by the Committee. As per standard practice, case summaries are published on the Committee website and are publicly available. It is important to note that there have been some challenges related to posting the case summaries online since the transition to Canada.ca. As such, interested parties were encouraged to submit an informal access to information request to obtain this information. This is merely a stopgap measure until the technical issues can be adequately addressed.

No requests were carried forward from 2018-2019.

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

Consultations Received from Other Institutions and Organizations

During 2019-2020, the Committee received two consultation requests from other Government of Canada organizations or from the private sector.

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

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

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

  • Enabling authority: Access to Information Act
  • Fee amount for 2019-20: $5, which is the only fee charged for an ATI request
  • Total revenue for 2019-20: 0
  • No fees were waived for the 2019 to 2020 fiscal period.

There were no formal requests received during the reporting period and, as such, no fees were collected.

During 2019-2020, an estimated $6,632 in salary costs and $2,440 in maintenance costs related to the ATIP management system were incurred to administer the Access to Information Act.

6. Training and Awareness

As part of the Committee's Access to Information and Privacy Awareness Plan, emails are issued to staff on a regular basis to share points of interest and information related to ATIP.

7. Policies, Guidelines, Procedures, and Initiatives

During the reporting period, the Committee did not implement any new institution-specific policies, guidelines, procedures or initiatives related to access to information.

8. Summary of Key Issues and Actions Taken on Complaints or Audits

Over the period covered by this report, no complaint against the Committee was submitted to the Information Commissioner under the Access to Information Act, nor was any audit or investigation undertaken.

9. Monitoring Compliance

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

Report on the Privacy Act

1. Introduction

The Privacy Act gives Canadians the right to access personal information held by the government and protection of that information against unauthorized use and disclosure.

Ministers and heads of agencies are responsible for ensuring that their organizations comply with privacy legislation.

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

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

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

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

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

2. Organizational Structure

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

The ATIP Coordinator, the Director General, Corporate Services and Chief Financial Officer, and the Director General, Operations and General Counsel have delegated authority to oversee the administration of the Access to Information Act and the Privacy Act within the Committee and to ensure compliance with the legislation.

A description of the classes of institutional records held by the Committee can be accessed online at https://www.canada.ca/en/military-grievances-external-review/corporate/transparency/info-source-sources-federal-government-employee-information.html. The Committee does not have any exempt banks.

In accordance with the Access to Information Act, members of the public may examine publications and other public documents governing the administration and operation of the Committee at:

Military Grievances External Review Committee
60 Queen Street, 10th Floor
Ottawa, Ontario K1P 5Y7

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

3. Delegation Order for the Privacy Act

The Canadian Forces Grievance Board was renamed to the Military Grievances External Review Committee by the Act to amend the National Defence Act and to make consequential amendments to other Acts, S.C. 2013, c., 24, s.11(1). A new delegation order was signed by the Chairperson to reflect the name change.

Delegation Order

Privacy Act  

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

Approved by:

Original signed by

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

Date: July 15, 2020

Schedule B
Military Grievances External Review Committee
Delegation of powers, duties and functions delegated pursuant to section 73 of the Privacy Act
Section Description Director General, Corporate Services Director General, Operations and General Counsel ATIP Coordinator
8(2) Generally disclose personal information on the basis of the requirements in subsection 8(2) X X  
8(2)(e) Disclose personal information on the written request of an investigative body X X  
8(2)(j) Disclose personal information for research or statistical purposes X X  
8(2)(m) Disclose personal information in the public interest or in the interest of the individual X X  
8(4) Retain copy of 8(2)(e) requests and disclosed records     X
8(5) Notify Privacy Commissioner in writing of disclosures under paragraph 8(2)(m) X X  
9(1) Retain record of use     X
9(4) Notify the Privacy Commissioner of consistent use of personal information and update index accordingly X X X
10 Include personal information in personal information banks X X X
14 Respond to request for access within 30 days; give access or give notice X   X
15 Extend time limit for responding to request for access X   X
16 Issue notice where access is refused X X X
17(2)(b) Decide whether to translate requested information X   X
17(3)(b) Decide whether to give access in an alternative format X   X
18(2) May refuse to disclose information contained in exempt bank X X  
19(1) Shall refuse to disclose information obtained in confidence of another government X X  
19(2) May disclose any information referred to in 19(1) if the other government consents to the disclosure or makes the information public X X  
20 May refuse to disclose information if injurious to the conduct of Federal-Provincial affairs X X  
21 May refuse to disclose if injurious to international affairs and defence or preventing or suppressing subversive or hostile activities X X  
22 May refuse to disclose information prepared by an investigative body, information injurious to the enforcement of a law, or information injurious to the security of penal institutions X X  
23 May refuse to disclose information prepared by an investigative body for security clearances X X  
24 May refuse to disclose information collected by the Canadian Penitentiary Service, the National Parole Service, or the National Parole Board while individual was under sentence if conditions in section are met X X  
25 May refuse to disclose information which could reasonably threaten the safety of individuals X X  
26 May refuse to disclose information about another individual, and shall refuse to disclose such information where disclosure is prohibited under section 8 X X  
27 May refuse to disclose information subject to solicitor-client privilege X X X
28 May refuse to disclose information relating to the individual's physical or mental health where disclosure contrary to the best interest of the individual X X  
31 Receive notice of investigation by the Privacy Commissioner X X  
33(2) Right to make representations to Privacy Commissioner in the course of investigation X X  
35(1) Receive Privacy Commissioner's report of findings and recommendations and give notice of action taken X X  
35(4) Give complainant access to information after 35(1)(b) X X  
36(3) Receive Privacy Commissioner's report on findings and recommendations concerning the review of exempt information banks and, if appropriate, give notice to the Commissioner X X  
37(3) Receive report of Privacy Commissioner's findings after compliance investigation X X  
51(2)(b) Request that Section 51 hearing be held in the National Capital Region X X  
51(3) Request and be given right to make representations ex parte in Section 51 hearings X X  
69 Deny information that is excluded in the Act X X X
72(1) Prepare Annual Report to Parliament     X
73.1(2) The head of another government institution may, for the purpose of subsection 73.1(1), by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of another government institution. X   X
73(2) The personal information that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 73.1(1) is not under the control of that other institution. X   X
77 Responsibilities conferred on the head of the institution by the Regulations made under section 77 which are not included in the above X X X

Statistical Report on the Privacy Act

Name of institution: Military Grievances External Review Committee

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

Section 1: Requests Under the Privacy Act

  Requests Under the Privacy Act  
  Number of Requests
Received during reporting period 0
Outstanding from previous reporting period 0
Total 0
Closed during reporting period 0
Carried over to next reporting period 0

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 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0
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
22.4 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 0
27 0
27.1 0
28 0
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
Paper Electronic Other
0 0 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
0 0 0
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 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0
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 Closed requests

 2.6.1 Number of requests closed within legislated timelines 
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 0
Percentage of requests closed within legislated timelines (%) 0

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
0 0 0 0 0
2.7.2 Requests closed beyond legislated timelines (including any extensions taken)
Number of Days Past Legislated Timelines Number of Requests Past Legislated Timelines Where No Extension Was Taken Number of Requests Past Legislated Timelines Where an Extension Was Taken Total
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 0 0
2.8 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 3: Disclosures Under Subsections 8(2) and 8(5)

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

Section 4: Requests for Correction of Personal Information and Notations

 Requests for Correction of Personal Information and Notations 
Disposition for Correction Requests Received Number
Notations attached 0
Requests for correction accepted 0
Total 0

Section 5: Extensions

5.1 Reasons for extensions and disposition of requests
  15(a)(i) Interference With Operations 15(a)(ii) Consultation
Number of requests where an extension was taken Further review required to determine exemptions Large volume of pages Large volume of requests Documents are difficult to obtain Cabinet Confidence Section (Section 70) External Internal 15(b) Translation purposes or or Conversion
Total 0 0 0 0 0 0 0 0

 

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

 

Section 6: Consultations Received from Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and other organizations
Consultations Other government 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
Disclose 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

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

 Complaints and Investigations Notices Received 
Section 31 Section 33 Section 35 Court Action Total
0 0 0 0 0

Section 9 – Privacy Impact Assessments (PIAs)

 Privacy Impact Assessments ( PIAs) 
Number of PIA(s) completed 0
9.2 Personal Information Banks
Personal Information Banks Active Created Terminated Modified
  0 0 0 0

 

Section 10 – Material Privacy Breaches

 Material Privacy Breaches 
Number of material privacy breaches reported to TBS 0
Number of material privacy breaches reported to OPC 0

Section 11 – Resources related to the Privacy Act

11.1 Costs
Expenditures Amount ($)
Salaries $2,152
Overtime $0
Goods and Services $2,440
Professional services contracts $0  
Other $2,440  
Total $4,592
11.2 Human Resources
Resources Person Years Dedicated to Privacy Activities
Full-time employees 0.02
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 0.02

Note: Enter values to two decimal places.

4. Performance 2019-2020

Highlights of the Statistical Report 2019-2020

During the reporting period of April 1, 2019, to March 31, 2020, the Committee did not receive any requests under the Privacy Act.

In recent years, the number of requests made under the Privacy Act has varied. Specifically, over the last eight fiscal years, the number of requests received are as follows: 2011-2012 (11); 2012-2013 (8), 2013-2014 (4) and 2014-2015 (1), 2015-2016 (0), 2016-2017 (3), 2017-2018 (0), and 2018-2019 (0).

During 2019-2020, the Committee received no consultation requests from other Government of Canada organizations or from external entities.

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

5. Training and Awareness

As part of the Committee's Access to Information and Privacy Awareness Plan, emails are sent to staff on a regular basis to share points of interest and information relating to ATIP.

6. Policies, Guidelines, Procedures, and Initiatives

During the reporting period, the Committee did not implement any new institution-specific policies, guidelines, procedures, or initiatives related to privacy.

7. Summary of Key Issues and Actions Taken on Complaints or Audits

Over the period covered by this report, no complaint against the Committee was submitted to the Privacy Commissioner under the Privacy Act nor was any audit undertaken.

8. Monitoring Compliance

As a means to monitor the time required to process requests under both acts (Access to Information Act and Privacy Act), the ATIP Office reports delays on its activities to the Director General, Corporate Services. For this reporting period, the Committee received no privacy requests.

9. Material Privacy Breaches

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

10. Privacy Impact Assessments

No Privacy Impact Assessment was conducted during this reporting period.

11. Public Interest Disclosures

Paragraph 8(2)(m) allows the disclosure of personal information when the public interest clearly outweighs any invasion of privacy that could result from the disclosure or when the disclosure would benefit the individual to whom the information relates. There were no disclosures pursuant to paragraph 8(2)(m) for the 2019-2020 period.

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