Privacy Act - Annual Report to Parliament 2021 to 2022
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Table of Contents
- Introduction
Introduction
The Privacy Act (Revised Statutes of Canada, Chapter P-21, 1985) was proclaimed on July 1, 1983. It extends the present laws of Canada that protect the privacy of individuals, and provides individuals with a right of access to personal information about themselves. It also protects the privacy of individuals by denying third parties access to personal information relating to them and enabling them to exercise strict control over the collection, disclosure and use of such information. Necessary exceptions should be limited and specific.
Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts received royal assent on June 21, 2019. This resulted in the most significant amendments to the Act since it came into force in 1983.
The new legislation amends the Privacy Act to, among other things:
- create a new exception to the definition of “personal information” with respect to certain information regarding an individual who is a ministerial adviser or a member of ministerial staff
- authorize government institutions to provide to other government institutions services related to requests for personal information
- expand the Governor in Council’s power to amend the schedule to the Act and to retroactively validate amendments to that schedule.Footnote 1
This annual report is tabled in Parliament in accordance with section 72 of the Privacy Act and describes how Pacific Economic Development Canada (PacifiCan) administered its responsibilities for the reporting period.
Administration of the Act
Departmental mandate
Support the growth and diversification of British Columbia’s economy and advance the interests of the region in national economic policy, programs and projects.
PacifiCan is overseen by the Minister of International Development and Minister responsible for the Pacific Economic Development Agency of Canada.
The Agency operates under the provision of the Western Economic Diversification Act, which came into force on June 28, 1988. An Order in Council created PacifiCan, by way of the Public Service Rearrangement and Transfer of Duties Act2 , and transferred what was the BC Regional Office of WD, including its complement of executives, managers and staff, to PacifiCan.
PacifiCan's mandate allows the agency to deliver a wide range of initiatives across British Columbia and make strategic investments to build on regional competitive advantages. Its presence enables the cultivation of strong partnerships with business and community organizations, researchers, academia, Indigenous peoples, provincial governments and municipal governments. These connections help PacifiCan reflect the region's perspectives in national decision-making.
Privacy program and structure
PacifiCan employs 215 individuals in British Columbia and in Ottawa, including economists, commerce officers, and policy analysts. Specialists in such areas as communications, corporate administration, financial management, human resources, information management & technology, and procurement provide the policy and programs analysts with support.
PacifiCan has offices in British Columbia in Vancouver, Victoria, Kelowna, Prince George, Surrey, Cranbrook, Fort St. John, Prince Rupert, and Campbell River, and is establishing its headquarters in Surrey, BC. The agency also has an office in Ottawa.
Privacy and personal information services are currently provided to PacifiCan by way of an Internal Services Agreement (ISA) with Prairies Economic Development Canada (PrairiesCan). Costs for these services are reimbursed to PrairiesCan.
As per the August 2021 Order in Council, the President of PacifiCan is the head of the organization for the purpose of the Privacy Act.
PacifiCan's ATIP Coordinator is supported by a Corporate Secretariat Advisor and three ATIP analysts from the PrairiesCan ATIP Centre of Expertise (ACoE), in Edmonton, Alberta. The Corporate Secretariat Advisor and ATIP analysts process all access to information and privacy requests.
The ACoE administers the ATIP programs and services for PacifiCan including:.
- preparing files for decision on the disposition of access and privacy requests and responding to all requests submitted under the Acts;
- promoting awareness of the legislation to ensure departmental responsiveness to statutory obligations;
- monitoring and advising on the Agency's compliance with the Acts, regulations, procedures, and policies; and
- providing advice and recommendations to the Agency when dealing with the Treasury Board Secretariat, the Information Commissioner, the Privacy Commissioner, and other government organizations.
Delegation of Authority
The current delegation order (Annex C) was issued May 16, 2022, in accordance with subsection 73(1) of the Privacy Act. The Acting President of the Pacific Economic Development Agency of Canada delegated full powers, authorities, and responsibilities to the:
- Vice President, Programs and Partners, and
- Access to Information and Privacy Coordinator.
The ACoE oversees the development, coordination and implementation of policies, guidelines, systems, and procedures to manage the Agency's compliance with the Acts. Compliance is also facilitated by an ATIP Liaison Officer in Surrey, who works with the ACoE concerning requests and enquiries.
The ATIP Liaison Officer works with the business and program areas to search and retrieve records that are responsive to privacy requests received under the Privacy Act. The ACoE, however, is responsible for the privacy and personal information services for PacifiCan, including the provision of advice and recommendations concerning privacy matters.
Policies, procedures and business processes
To ensure that Treasury Board Secretariat privacy-related policies and directives are respected and implemented, the ATIP Centre of Expertise regularly reviews its various internal guidelines, procedures and business practices. No new, revised institution-specific policies, guidelines, procedures, or initiatives related to privacy and personal information were implemented at PacifiCan during the reporting period.
The ATIP unit monitors its compliance with request deadlines via a software solution (AccessPro). A weekly report is created and disseminated, on a need-to-know distribution list, up to the Vice President level. It discloses all open and outstanding privacy files and their respective status. It includes investigations by the Office of the Privacy Commissioner of Canada along with other privacy processes underway. No personal information is included in the weekly report.
Training and awareness
Completed training 2022-2023
Session Audience Number of sessions or trainees Content Learning aids Government institution Privacy training for Senior officials and Executives Managers, Senior Officials, and Executives 90-minute sessions (3) Duties for managers based on TBS Policies and Directives 1 pager created (both official languages) PacifiCan and PrairiesCan Protecting Privacy in Government Institutions All staff 6-hour sessions Overview of the Privacy Act and employees' responsibilities for collecting, using, disclosing, and safeguarding personal information 1 pager created (both official languages) PacifiCan and PrairiesCan Privacy and Event Mgmt (Lunch and Learn) Comms employees and management 60-minute Q&A session
7 employees and managersOverview of collection, use, disclosure, privacy tools, and public vs private events PacifiCan Privacy Information Bank (PIB) Training Teams responsible for PIBs in program areas 5 attendees Contents of a PIB, now to read a PIB index form, requirements Guide to Completing PIBs PacifiCan and PrairiesCan Statistics and performance
PacifiCan completed eight privacy requests in the 2022-2023 fiscal year. All of them were received at the end of the previous fiscal year and carried over within legislated timelines.
The percentage of requests that were closed within legislated timelines for the 2022-2023 fiscal year is one hundred percent. As well, one hundred percent of the eight privacy requests completed were disclosed in part.
All eight of the privacy requests were completed within legislated time limits. No privacy requests were carried over to the subsequent fiscal year.
A thirty-day extension was taken for all eight privacy requests in the 2022-2023 fiscal year as per paragraph 15(a)(i) – interference with operations. All were completed in less than 60 days.
No privacy consultations were received or completed during the reporting period.
No disclosures were made under paragraph 8(2)(m) of the Privacy Act in the reporting period.
No material privacy breaches were reported in the 2022-2023 fiscal year.
No new or revised institution-specific policies, guidelines, and procedures related to privacy were implemented in the institution during the reporting period.
PacifiCan's ability to fulfill its Privacy Act responsibilities was not impacted by COVID-19 related measures. ATIP operations continued without interruption for the 2022-2023 reporting period.
PacifiCan did not complete any Privacy Impact Assessments during the reporting period.
An intiative was undertaken to update PacifiCan's Personal Information Banks (PIBs). 2022-23 was PacifiCan's first full year of operation. Forty-five (45) institution specific PIBs were created and registered.
Complaints
Complaints were submitted to the Office of the Privacy Commissioner of Canada (OPC) for the eight privacy requests completed by PacifiCan during this reporting period. All the complaints allege that PacifiCan inappropriately invoked exemptions under sections 12(1) and 26 of the Privacy Act, and that PacifiCan failed to disclose all the information sought (missing records).
All requests from the OPC for information and documentation regarding the eight complaints have been fulfilled. The OPC continues to investigate and PacifiCan will continue to assist.
Operational costs associated with adminstering the Act
PacifiCan’s costs for administrating the Privacy Act is based on a percentage of costs incurred by the ACoE plus the cost for administrative services for PacifiCan.
There was a cost of $2175 for professional services and $1000 salaries to administer the Privacy Act for PacifiCan.
A total of 0.02 of an FTE was calculated as having been allocated to PacifiCan's privacy program.
Total costs amount to $3,175.
Annex A – Statistical Report
Statistical Report on the Privacy Act
Pacific Economic Development Canada (PacifiCan)
April 01, 2022 to March 31, 2023
Section 1: Requests Under the Privacy Act
1.1 Number of requests received
Number of requests Received during reporting period 0 Outstanding from previous reporting periods 8 - Outstanding from previous reporting period 8 - Outstanding from more than one reporting period 0 Total 8 Closed during reporting period 8 Carried over to next reporting period 0 - Carried over within legislated timeline 0 - Carried over beyond legislated timeline 0 1.2 Channels of requests
Source Number of requests Online 0 E-mail 0 Mail 0 In person 0 Phone 0 Fax 0 Total 0 Section 2: Informal requests
2.1 Number of informal requests
Number of requests Received during reporting period 0 Outstanding from previous reporting periods 0 - Outstanding from previous reporting period 0 - Outstanding from more than one reporting period 0 Total 0 Closed during reporting period 0 Carried over to next reporting period 0 2.2 Channels of informal requests
Source Number of requests Online 0 E-mail 0 Mail 0 In person 0 Phone 0 Fax 0 Total 0 2.3 Completion time of informal requests
1-15 days 16-30 days 31-60 days 61-120 days 121-180 days 181-365 days More than 365 days Total 0 0 0 0 0 0 0 0 2.4 Pages released informally
Less than 100
pages released100-500
pages released501-1000
pages released1001-5000
pages releasedMore than 5000
pages releasedNumber of
requestsPages
releasedNumber of
requestsPages
releasedNumber of
requestsPages
releasedNumber of
requestsPages
releasedNumber of
requestsPages
released0 0 0 0 0 0 0 0 0 0 Section 3: Request 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 1 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 denied0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 3.2 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 3.3 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 3.4 Format of information released
Paper Electronic Other E-record Data set Video Audio 0 0 0 0 0 0 3.5 Complexity
3.5.1 Relevant pages processed and disclosed for paper and e-record formats
Number of pages processed Number of pages disclosed Number of requests 465 431 8 3.5.2 Relevant pages processed by request disposition for paper and e-records formats by size of requests
Disposition Less than 100
pages processed100-500
pages processed501-1000
pages processed1001-5000
pages processedMore than 5000
pages processedNumber of
requestsPages
processedNumber of
requestsPages
processedNumber of
requestsPages
processedNumber of
requestsPages
processedNumber of
requestsPages
processedAll disclosed 0 0 0 0 0 0 0 0 0 0 Disclosed in part 6 153 2 312 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 1 0 0 0 0 0 0 0 0 0 Neither confirmed no denied 0 0 0 0 0 0 0 0 0 0 Total 6 153 2 312 0 0 0 0 0 0 3.5.3 Relevant minutes processed and disclosed for audio formats
Number of minutes processed Number of minutes disclosed Number of requests 0 0 0 3.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition Less than 60 minutes processed 60-120 minutes processed Number of
requestsMinutes
processedNumber of
requestsMinutes
processedAll disclosed 0 0 0 0 Disclosed in part 0 0 0 0 All exempted 0 0 0 0 All excluded 0 0 0 0 Request abandoned 0 0 0 0 Neither confirmed nor denied 0 0 0 0 Total 0 0 0 0 3.5.5 Relevant minutes processed and disclosed for video formats
Number of minutes processed Number of minutes disclosed Number of requests 0 0 0 3.5.6 Relevant minutes processed per request disposition for video formats, by size of requests
Disposition Less than 60 minutes processed 60-120 minutes processed Number of
requestsMinutes
processedNumber of
requestsMinutes
processedAll disclosed 0 0 0 0 Disclosed in part 0 0 0 0 All exempted 0 0 0 0 All excluded 0 0 0 0 Request abandoned 0 0 0 0 Neither confirmed nor denied 0 0 0 0 Total 0 0 0 0 3.5.7 Other complexities
Disposition Consultation
requiredLegal advice
soughtInterwoven
informationOther 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 3.6 Closed requests
3.6.1 Number of requests closed within legislated timelines
Number of requests closed within legislated timelines 8 Percentage of requests closed within legislated timelines (%) 100 3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
Number of requests closed
past the legislated timelinesPrincipal reason Interference with
operations / WorkloadExternal
ConsultationInternal
ConsultationOther 0 0 0 0 0 3.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of days past legislated timelines Number of requests past legislated timeline where no extension was taken Number of requests past legislated timeline where an extension was taken Total 1 to 15 days 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: 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 5: Requests for Correction of Personal Information and Notations
Disposition for correction requests recieved Number Notations attached 0 Requests for correction accepted 0 Total 0 Section 6: Extensions
6.1 Reasons for extensions
Number of extensions taken 15(a)(i) Interference with operations 15(a)(ii) Consultation 15(b) Translation purposes or conversion Further review required to determine exemptions Large volume of pages Large volume of requests Documents are difficult to obtain Cabinet confidence section (Section 70) External Internal 8 0 0 0 0 0 0 0 0 6.2 Length of extensions
Length of Extensions 15(a)(i) Interference with operations 15(a)(ii) Consultation 15(b) Translation purposes or conversion Further review required to determine exemptions Large volume of pages Large volume of requests Documents are difficult to obtain Cabinet confidence section (Section 70) External Internal 1 to 15 days 0 0 0 0 0 0 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 7: Consultations Received From Other Institutions and Organizations
7.1 Consultations received from other Government of Canada institutions and other organizations
Consultations Other Government of
Canada institutionsNumber of pages
to reviewOther organizations Number of pages
to reviewReceived during the reporting period 0 0 0 0 Outstanding from the previous
reporting period0 0 0 0 Total 0 0 0 0 Closed during reporting period 0 0 0 0 Carried over within negotiated timelines 0 0 0 0 Carried over beyond negotiated timelines 0 0 0 0 7.2 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 Disclosed 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 7.3 Recommendations and completion time for consultations received from other organizations outside the Government
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 Disclosed 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 8: Completion Time of Consultation on Cabinet Confidences
8.1 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
disclosedNumber of requests Pages
disclosedNumber of requests Pages
disclosedNumber of requests Pages
disclosedNumber of requests Pages
disclosed1 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 8.2 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
disclosedNumber of requests Pages
disclosedNumber of requests Pages
disclosedNumber of requests Pages
disclosedNumber of requests Pages
disclosed1 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 9: Complaints and Investigations Notices received
Section 31 Section 33 Section 35 Court Action Total 8 0 0 0 8 Section 10: Privacy Impact Assessments (PIAs) and Personal Information Banks (PIBs)
10.1 Privacy Impact Assessments
Number of PIAs completed 0 Number of PIAs modified 0 10.2 Institution-specific and Central Personal Information Banks
Personal Information Banks Active Created Terminated Modified Institution-specific 45 45 0 0 Central 0 0 0 0 Total 45 45 0 0 Section 11: Privacy breaches
11.1 Material Privacy Breaches reported
Number of material privacy breaches reported to TBS 0 Number of material privacy breaches reported to OPC 0 11.2 Non-Material Privacy Breaches
Number of non-material privacy breaches 0 Section 12: Resources related to the Privacy Act
12.1 Allocated costs
Expenditures Amount Salaries $1,000 Overtime $0 Goods and services $2,175 - Professional services contracts $2,175 - Other $0 Total $3,175 12.2 Human Resources
Resources Person-years dedicated to privacy activities Full-time employees 0.010 Part-time and casual employees 0.000 Regional staff 0.000 Consultants and agency personnel 0.010 Students 0.000 Total 0.020