Archived: 2014-2015 report: Privacy Act, Environment Canada

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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 of April 1, 2014 to March 31, 2015. 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 Division, 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 Division 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 Division 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.

The ATIP Division is currently comprised of 17 officers. In 2014-2015, Environment Canada completed the design and implementation of a new Access to Information and Privacy organizational structure in order to improve capacity and meet future needs.

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.

With the completion of the new ATIP Division organizational structure, Environment Canada undertook several staffing activities to fill the newly created positions. It is anticipated that these additional resources will be in place early in the 2015-2016 fiscal year.

Environment Canada is also 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.

The Professional Development Program is enabling the ATIP Division 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.

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 pertaining to the Privacy Act can be found 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, 2014 and March 31, 2015, Environment Canada received 27 requests under the Privacy Act. There were also 4 requests carried forward from the 2013-2014 reporting period, for a total of 31 active requests. In 2014-2015, a total of 24 requests were completed of which there was one request for information for which no records exist. Seven (7) requests were carried forward to the next reporting period.

Trends

Environment Canada received 7 more requests under the Privacy Act in 2014-2015 than in the previous fiscal year; this represents an increase of 35% in the number of privacy requests received.

The number of requests under the Privacy Act received by Environment Canada from 2009-2010 to 2014-2015 is found in figure 1.

Privacy Requests Received Privacy Act 2009-2015
Long Description of Figure 1

Figure 1 shows a bar chart which provides a visual representation of the number of privacy requests that were received by the ATIP Secretariat from the 2009-2010 fiscal year to the 2014-2015 fiscal year.

During the 2009-2010 period, 19 requests were received; in 2010-2011, 26 requests were received; in 2011-2012, 11 requests were received; in 2012-2013, 29 requests were received; in 2013-2014, 20 requests were received; and in 2014-2015, 27 requests were received.

Environment Canada completed 24 requests under the Privacy Act in 2014-2015. Figure 2 displays the number of requests under the Privacy Act completed by Environment Canada from 2009-2010 to 2014-2015.

Privacy Requests Closed Privacy Act 2009-2015
Long Description of Figure 2

Figure 2 shows a bar chart which provides a visual representation of the number of privacy requests that were closed by the ATIP Secretariat from the 2009-2010 fiscal year to the 2014-2015 fiscal year.

During the 2009-2010 period, 19 requests were closed; in 2010-2011, 23 requests were closed; in 2011-2012, 16 requests were closed; in 2012-2013, 28 requests were closed; in 2013-2014, 19 requests were closed; and in 2014-2015, 24 requests were closed.

Figure 3 shows the number of pages processed by the ATIP Division in processing requests under the Privacy Act from 2009-2010 to 2014-2015.

Pages Processed Privacy Act 2009-2015
Long Description of Figure 3

Figure 3 shows a bar chart which provides a visual representation of the number of pages processed by the ATIP Secretariat in processing privacy requests under the Privacy Act from the 2009-2010 fiscal year to the 2014-2015 fiscal year.

During the 2009-2010 period, 9,993 pages were processed; in 2010-2011, 24,568 pages were processed; in 2011-2012, 18,046 pages were processed; in 2012-2013, 20,698 pages were processed; in 2013-2014, 10,803 pages were processed; and in 2014-2015, 4,035 pages were processed.

In the 2014-2015 reporting period, 4,035 pages of records were retrieved and reviewed in response to Privacy requests which represents a decrease of 64% over the 2013-2014 fiscal year. This decrease can be attributed in part to the work undertaken by the ATIP Secretariat to consult with applicants in order to clarify the scope of requests to ensure applicants receive information of interest.

The number of pages disclosed by the ATIP Division in processing requests under the Privacy Act from 2009-2010 to 2014-2015 is found in figure 4.

Pages Disclosed Privacy Act 2009-2015
Long Description of Figure 4

Figure 4 shows a bar chart which provides a visual representation of the number of pages disclosed by the ATIP Secretariat in processing privacy requests under the Privacy Act from the 2009-2010 fiscal year to the 2014-2015 fiscal year.

During the 2009-2010 period, 5,640 pages were disclosed; in 2010-2011, 4,074 pages were disclosed; in 2011-2012, 12,790 pages were disclosed; in 2012-2013, 8,497 pages were disclosed; in 2013-2014, 4,337 pages were disclosed; and in 2014-2015, 1,814 pages were disclosed.

Corrections

Paragraph 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 2014-2015 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.

No disclosures under subsection 8(2), including under paragraph 8(2)(m), were completed in the 2014-2015 reporting period.

Consultations

In 2014-2015, Environment Canada received 5 privacy consultations from other government institutions and organizations. All of the consultations were completed during the 2014-2015 reporting period.

Costs

In 2014-2015, the total cost of administering the Privacy Act was $142,570. This included $117,570 for salaries and $25,000 for goods and services.

Training Activities

The ATIP Division provides daily advice to departmental officials on the processing of ATIP requests as well as the interpretation of the Acts to ensure the efficient and consistent processing of all requests received by the Department.

The ATIP Division further continued its formal training and development activities in the 2014-2015 reporting period. Thirty one (31) information and training sessions were held, attended by approximately 450 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 2015-2016 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 200 employees downloaded the Information Management presentations in 2014-2015.

Policies, Guidelines, Procedures and Reporting

Policy Framework

Environment Canada's access to information policy framework was approved in November 2012. In 2014-2015 Environment Canada began a review of its ATIP Policy Suite, this work will conclude in the coming year.

In 2014-2015, an ATIP analyst reference guide was created for use within the division. This guide is intended to help standardize internal practices and procedures in order to improve efficiency. The ATIP Division also began work on the development of an ATIP handbook to assist departmental employees in responding to requests under the Access to Information Act. This guidance document will be completed in 2015-2016.

Reporting

The ATIP Division regularly monitors the timeliness and trends associated with the processing of requests through ongoing communication with Branch and Directorate liaison contacts. In addition, a monthly ATIP update and a quarterly trends report are provided to Environment Canada's Executive Management Committee.

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 Division prepares updates on Environment Canada's activities and information holdings for publication in Info Source which is published on the Department's website. During 2014-2015, Environment Canada made minor revisions to its Info Source chapter. A full review of the Info Source chapter based on the Department's updated Program Activity Architecture is scheduled for 2015-2016.

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

In April 2014, 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. Environment Canada received 12 Privacy requests online during the 2014-2015 reporting period. We expect the number of online requests to increase significantly over the coming year as applicants become more familiar with the online service.

Data Sharing Activities

The Department did not undertake any new internal or external data sharing activities in 2014-2015.

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 complete any Privacy Impact Assessments during the reporting period, the ATIP Division regularly provides advice to departmental employees on privacy matters.

Material Privacy Breaches

There are no material privacy report breaches to report for fiscal year 2014-2015.

Complaints, Audits, Investigations and Appeals

Applicants have the right to register a complaint with the Privacy Commissioner of Canada regarding any matter relating to the processing of a request.

During the 2014-2015 reporting period, there were no complaints filed against Environment Canada with the Office of the Privacy Commissioner. No complaints were carried over from the previous reporting period.

The department reviews the outcomes of all of the Privacy Commissioner investigations and where appropriate, incorporates lessons learned into business processes.

There were no recommendations raised by other Agents of Parliament during the reporting period.

Audits

In 2014-2015, the ATIP Division participated in an Environment Canada, Audit and Evaluation Branch, review and benchmarking of privacy management. It is anticipated that this review will be completed in early 2015-2016.

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 2014-2015 reporting period.

Appendix A: Statistical Report

Statistical Report on the Privacy Act

Name of institution: Environment Canada
Reporting period: 01/04/2014 to 31/03/2015

Part 1: Requests Under the Privacy Act

Number of Requests
Received during reporting period 27
Outstanding from previous reporting period 4
Total 31
Closed during reporting period 24
Carried over to next reporting period 7

Part 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time
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 3 0 0 0 0 0 3
Disclosed in part 0 3 1 4 1 0 0 9
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 1 0 0 0 0 0 0 1
Request abandoned 8 1 0 2 0 0 0 11
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 9 7 1 6 1 0 0 24
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) 1
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 9
27 2
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 2 1 0
Disclosed in part 7 2 0
Total 9 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 12 12 3
Disclosed in part 4023 1802 9
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 11
Neither confirmed nor denied 0 0 0
Total 4035 1814 23
2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less Than 100
Pages Processed
Number of Requests
Less Than 100
Pages Processed
Pages Disclosed
101-500
Pages Processed Number of Requests
101-500
Pages Processed
Pages Disclosed
501-1000
Pages Processed
Number of Requests
501-1000
Pages Processed
Pages Disclosed
1001-5000
Pages Processed Number of Requests
1001-5000
Pages Processed Pages Disclosed
More Than 5000
Pages Processed Number of Requests
More than 5000
Pages Processed
Pages Disclosed
All disclosed 3 12 0 0 0 0 0 0 0 0
Disclosed in part 3 26 2 317 3 1113 1 346 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 11 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 17 38 2 317 3 1113 1 346 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 2 0 0 0 2
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 2 0 0 0 2

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline Principal Reason Workload Principal Reason External Consultation Principal Reason Internal Consultation Principal Reason Other
7 4 0 1 2
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 1 0 1
16 to 30 days 0 3 3
31 to 60 days 1 0 1
61 to 120 days 1 1 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
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)

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

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 Section 70 15(a)(ii) Consultation Other 15(b)
Translation or Conversion
All disclosed 0 0 0 0
Disclosed in part 5 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 5 0 0 0
5.2 Length of extensions
Length of Extensions 15(a)(i)
Interference with operations
15(a)(ii) Consultation Section 70 15(a)(ii) Consultation Other 15(b)
Translation purposes
1 to 15 days 0 0 0 0
16 to 30 days 5 0 0 0
Total 5 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 5 1124 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 5 1124 0 0
Closed during the reporting period 5 1124 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
Number of Days Required to Complete Consultation Requests
16 to 30 Days
Number of Days Required to Complete Consultation Requests
31 to 60 Days
Number of Days Required to Complete Consultation Requests
61 to 120 Days
Number of Days Required to Complete Consultation Requests
121 to 180 Days
Number of Days Required to Complete Consultation Requests
181 to 365 Days
Number of Days Required to Complete Consultation Requests
More Than 365 Days
Total
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 4 0 1 0 0 0 0 5
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 4 0 1 0 0 0 0 5
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
Number of days required to complete consultation requests
16 to 30 Days
Number of days required to complete consultation requests
31 to 60 Days
Number of days required to complete consultation requests
61 to 120 Days
Number of days required to complete consultation requests
121 to 180 Days
Number of days required to complete consultation requests
181 to 365 Ddays
Number of days required to complete consultation requests
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
Number of
Requests
Fewer Than 100 Pages Processed
Pages Disclosed
101-500 Pages Processed
Number of
Requests
101-500 Pages Processed
Pages Disclosed
501-1000
Pages Processed
Number of
Requests
501-1000
Pages Processed
Pages Disclosed
1001-5000
Pages Processed
Number of
Requests
1001-5000
Pages Processed
Pages Disclosed
More than 5000
Pages Processed
Number of
Requests
More than 5000
Pages Processed
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
Number of
Requests
Fewer Than 100 Pages Processed
Pages Disclosed
101-500 Pages Processed
Number of
Requests
101-500 Pages Processed
Pages Disclosed
501-1000
Pages Processed
Number of
Requests
501-1000
Pages Processed
Pages Disclosed
1001-5000
Pages Processed
Number of
Requests
1001-5000
Pages Processed
Pages Disclosed
More than 5000
Pages Processed
Number of
Requests
More than 5000
Pages Processed
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

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)

Privacy Impact Assessments (PIAs)
Number of PIA(s) completed 0

Part 10: Resources Related to the Privacy Act

10.1 Costs
Expenditures Amount
Salaries $117,570
Overtime $0
Goods and Services $25,000
  • Professional services contracts
$0  
  • Other
$25,000
Total $142,570
10.2 Human Resources
Resources Person Years Dedicated to Privacy Activities
Full-time employees 0.00
Part-time and casual employees 4.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 4.00

Note: Enter values to two decimal places.

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.

Schedule
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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