Annual report to Parliament 2019-2020: Privacy Act

Table of contents

Introduction

Introduction

The purpose of the Privacy Act (PA) is to protect the personal information of individuals under the responsibility and control of federal institutions, and to provide individuals with a right of access to that information.

This report reflects privacy activities of Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) from April 1, 2019 to March 31, 2020.

This report, submitted to Parliament pursuant to section 72 of the PA, describes the activities of CIRNAC that support compliance with privacy legislation. The report details the activities and accomplishments of CIRNAC's Access to Information and Privacy (ATIP) Directorate, including highlights such as:

  • The creation of a Privacy/Policy team; and
  • Increased training initiatives to improve departmental ATIP capacity and awareness.

Creation of Two New Departments

In June 2019, the Department of Crown-Indigenous Relations and Northern Affairs Act and the Department of Indigenous Services Act received royal ascent. This formalized the creation of the two new departments. The ATIP office provides shared services support for CIRNAC and Indigenous Services Canada (ISC) through a Memorandum of Understanding (MOU) between the departments.

Delegation on ministerial responsibilities for the Privacy Act remain institutionally specific.

Crown-Indigenous Relations and Northern Affairs Canada's Mandate

Crown-Indigenous Relations and Northern Affairs Canada continues to renew the nation-to-nation, Inuit-Crown, government-to-government relationship between Canada and First Nations, Inuit and Métis; modernize Government of Canada structures to enable Indigenous peoples to build capacity and support their vision of self-determination; and lead the Government of Canada's work in the North.

The relationship must be based on the recognition of rights, respect, co-operation, and partnership. CIRNAC will build on the progress that has been made already, including the establishment of rights and recognition tables across the country, the creation of permanent bilateral mechanisms with National Indigenous Organizations to make progress on shared priorities, and the progress made across government on the Truth and Reconciliation Commission Calls to Action.

CIRNAC is one of the two federal departments that are primarily responsible for meeting the Government of Canada's obligations and commitments to First Nations, Inuit and Métis, and for fulfilling the federal government's constitutional responsibilities in the North. CIRNAC's overall mandate and wide-ranging responsibilities are shaped by centuries of history and unique demographic and geographic challenges. The mandate is derived from the Constitution Act 1982, the Indian Act, the Department of Crown-Indigenous Relations and Northern Affairs Act (preceded by the Department of Indian Affairs and Northern Development Act), territorial Acts, treaties, comprehensive claims and self-government agreements, as well as various other statutes affecting Indigenous Peoples and the North.

Most of the CIRNAC's programs, representing a majority of its spending, are delivered through partnerships with Indigenous communities and through federal-provincial or federal-territorial agreements. CIRNAC also works with urban Indigenous people.

Organization

ATIP Directorate at CIRNAC

The ATIP Directorate is responsible for the administration of requests made under the Access to Information Act (ATIA) and the PA It was established within the Corporate Secretariat and reports to the Corporate Secretary, who is directly accountable to the Deputy Head and is a member of the CIRNAC Senior Management Team (SMT). The Directorate also coordinates and implements policies, guidelines and procedures to ensure departmental compliance with the ATIA and PA.

Workshop presentations, training courses and awareness sessions designed to increase access to information and privacy capacity across the Department are also provided by the ATIP Directorate.

Under a shared service MOU, all ATIP analysts processed requests for both CIRNAC and ISC. They processed requests of varying volume and complexity based on their classification level. They also provided critical privacy advice for new initiatives, resulting in privacy protection in departmental programs. Policies and procedures continue to be established to ensure that privacy is considered throughout the life cycle of CIRNAC's programs and that informed policy decisions are made concerning the collection, sharing and/or use of personal information.

The ATIP Directorate provides advice and guidance to the Department on a number of topics:

  1. The application of the ATIA and PA;
  2. The release of sensitive or protected information to the public;
  3. Education and awareness of access to information and privacy issues throughout the Department;
  4. Proactive publications;
  5. Departmental Privacy Impact Assessments (PIAs);
  6. Permissible disclosures of personal information pursuant to subsection 8(2) of the PA;
  7. Appropriate PA Statements on Data Collection Instruments , i.e. forms, surveys, etc.;
  8. Updates to Info Source and the preparation and registration of Personal Information Banks and their related Classes of Records;
  9. Protocols surrounding privacy breaches; and
  10. Privacy advice in Memoranda of Understanding and Information Sharing Agreements.

The Intake Team triages and coordinates the receipt of requests for information under the control of the Department made pursuant to the Access to Information Act and the Privacy Act. The Operations Team ensures that a response is provided within the legislated timeframe (30 days). All requests are monitored using the tracking system Access Pro Case Management. ATIP analysts work closely with the relevant program areas to ensure that all responsive documents are provided and the information contained within those documents is treated in accordance with the Acts to allow for government records to be safely disclosed to the Canadian public.

The Privacy/Policy team is available to provide expert advice, maintain and monitor privacy risks and assist with the creation of privacy training material. The Privacy/Policy team also supports CIRNAC in the development of Departmental policies that reflect the Department's unique relationship with its clients and Indigenous partners all while ensuring the Department meets its obligations under the Privacy Act.

In addition to the ATIP Directorate, within each of the sectors and regional offices of CIRNAC are located ATIP Liaison Officers (ALOs) who receive requests for records from the ATIP Directorate and subsequently task the requests, as appropriate, to areas within their sector. The ALOs play a crucial role in ensuring requests are clear to the record retrievers and that the appropriate records, impact statements and approvals are obtained and communicated to ATIP Directorate officials within the designated time allowances.

ATIP Directorate at CIRNAC
Text alternative for ATIP Directorate at CIRNAC

Director's Office
The Director (EX-01), as institutional ATIP Coordinator, holds full delegated authority under the Act. The Director is supported in day-to-day administrative tasks by the Deputy Director Operations (PM-06), Deputy Director Privacy/Policy (PM-06) and an Administrative Assistant (AS-01) and in reporting and policy initiatives by the Reporting Analyst (PM-03).

Intake Team
The Intake Team is comprised of two Intake Officers (PM-01) and one Clerk (CR-04), who enter all applications into the electronic case management system, acknowledge receipt of requests, perform imaging services, interact with and respond to inquiries from the public, and are responsible for other administrative tasks.

Operations Team
The Operations Team is led by four Team Leaders (PM-05), who are responsible for the oversight of request processing by their team, including the review of completed requests. The Ops Team consists of Analysts PM-04, PM-03, and PM-02 level, who process Access and Privacy requests of varying volume and complexity, provide training and provide Access and Privacy advice.

Privacy/Policy Team
The Privacy/Policy Team is led by two Team Leaders (PM-05), who are responsible for the oversight of request processing by their team, including the review of privacy/policy requests. The Privacy/Policy Team consists of Analysts PM-04, and PM-02 level, who respond to Privacy matters (such as breaches), provide training and provide Privacy advice.

Delegation order

Under section 73 of the Privacy Act, the Minister's authority may be delegated to departmental officials in order to administer the PA within CIRNAC.

During the reporting period, the delegation order signed by Minister Carolyn Bennett on March 14, 2016, was in effect (Appendix A). Under section 73 of the PA, the order delegates full authority and responsibility for the PA to the following positions:

  • Deputy Minister
  • Associate Deputy Minister
  • Corporate Secretary
  • Departmental ATIP Coordinator

Statistics

Interpretation of the statistical report

CIRNAC's Statistical Report was submitted to the Treasury Board Secretariat (TBS) on July 10, 2020 (Appendix B). The Supplemental Report was submitted to the Treasury Board (TBS) on July 15, 2020. The Report details various aspects of the requests CIRNAC received and processed during the period of April 1, 2019 to March 31, 2020.

Part 1. Requests under the Privacy Act

In 2019-2020, CIRNAC received 786 new requests under the Privacy Act. Of the 796 requests (10 were carried over from previous reporting period), the ATIP Directorate completed 584 requests and carried 212 requests over into the 2019-2020 reporting period. (Table 1.1)

This fiscal year there was an increase of 583% in privacy requests. This increase is reflective of the settlement and resolution agreements and orders the Department has been subject to, and it can be anticipated to increase as the activities related to reconciliation progress.

Table 1.1 Number of Requests from 2017 to 2020
Number of Requests 2017-2018 2018-2019 2019-2020
Received 165 115 786
Outstanding from last year 23 14 710
Total 188 129 796
Closed this year 174 119 584
Carried over to next year 14 10 212

Part 2. Requests closed during the reporting period

2.1 Disposition and completion time

Of the 584 requests closed during the reporting period (Table 2.1), CIRNAC was able to fully or partially disclose records in 313 cases; that is, 53.6% of the time a request was submitted to CIRNAC, the result was a disclosure of relevant information. The majority of requests (442, or 75.7%) took 30 days or less to complete. In 2019-2020, four (4) requests took longer than 120 calendar days to be completed.

The most frequent outcome of the requests processed during the reporting period was 'No records exist', which was the result for 224 requests (38.4%), and the category 'All disclosed', which occurred in 165 requests (28.3%). In 44 instances, the request was abandoned by the requester, likely because the original request was not complete or sufficient authorization for disclosure was not obtained.

Table 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 12 113 36 3 0 1 0 165
Disclosed in part 5 88 39 14 0 1 1 148
All exempted 0 0 1 1 0 0 0 2
All exempted 1 0 0 0 0 0 0 1
No records exist 39 141 40 3 1 0 0 224
Request abandoned 32 11 1 0 0 0 0 44
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 89 353 117 21 1 2 1 584
2.2 Exemptions

As seen in previous years, section 26 (information about another identifiable individual) was the most common exemption invoked during the reporting period (152 times). The only other exemptions applied in 2019-2020 was under subsections 20 (Federal-Provincial Affairs) and subsections 27 (Protected information — solicitors, advocates and notaries), which were each invoked one time. (Table 2.2)

Table 2.2 Number of requests closed where exemption provisions were invoked
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 1
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
26 152
27 1
28 0
Total 154
2.3 Exclusions

No exclusion provisions were applied to requests that were closed in fiscal year 2019-2020.

2.4 Format of information released

Over the course of this reporting period, requesters received more of their response packages via electronic format. CIRNAC conveyed response packages in electronic format (CD or email) for 213 requests (67%), and paper format for 105 requests (33%). (Table 2.4)

Table 2.4 Format of information released
Disposition Number of Requests Electronic Other formats
All disclosed 5 160 0
Disclosed in part 100 48 0
Total 105 208 0
2.5 Complexity

The following sections detail several factors affecting the complexity of requests that were completed throughout 2019-2020.

2.5.1 Relevant pages processed and disclosed

During the reporting period, the ATIP Directorate closed 584 requests; for 224 of these, no records existed. Of the remaining 360 requests, 44 were abandoned, leaving 316 treatable requests. These requests resulted in the review of 14,382 pages of records under the control of the Department. A total of 6,391 pages were disclosed in 2019-2020. (Table 2.5.1)

Table 2.5.1 Relevant pages processed and disclosed.
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 1723 1543 165
Disclosed in part 12603 4832 148
All exempted 39 0 2
All excluded 0 0 1
Request abandoned 17 16 44
Neither confirmed nor denied 0 0 0
Total 14382 6391 360
2.5.2 Relevant pages processed and disclosed by size of requests

Over 95% of completed requests required 100 pages of processing or less. The five (5) requests that required treatment of between 101-500 pages of records resulted in the disclosure of 570 pages. CIRNAC treated three (3) large requests (1,001 to more than 5,000 pages) with a total of 3,097 pages disclosed in 2019-2020.

Overall, the was a total of 360 requests, where 6,391 pages were disclosed over the course of 2019-2020. (Table 2.5.2).

Table 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
Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed Requests Pages disclosed
All disclosed 163 1235 2 308 0 0 0 0 0 0
Disclosed in part 140 904 3 262 2 569 2 2528 1 569
All exempted 2 0 0 0 0 0 0 0 0 0
All excluded 1 0 0 0 0 0 0 0 0 0
Abandoned 44 16 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 350 2131 5 570 2 569 2 2528 1 569
2.5.3 Other complexities

The ATIP Directorate did not require any external consultations with the Department of Justice.

Table 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
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

The following sections detail the number of, and reasons for which, requests were deemed in refusal throughout 2019-2020.

2.6.1 Reason for not meeting statutory deadline

During the reporting period, CIRNAC did not meet the statutory deadline in 20 instances, with excessive workload being the reason on 18 of those requests (Table 2.6.1).

Table 2.6.1 Reasons for not meeting statutory deadlines
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
20 18 1 0 1
2.6.2 Number of days past deadline

Of the 20 requests that were completed past the statutory deadline, eight (8) were completed within 1 to 15 days. (Table 2.6.2)

Table 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 4 4 8
16 to 30 days 4 1 5
31 to 60 days 3 0 3
61 to 120 days 0 0 0
121 to 180 days 1 1 2
181 to 365 days 0 2 2
More than 365 days 0 0 0
Total 12 8 20
2.7 Requests for translation

During the reporting period, there were no instances where requesters asked that responsive records be translated to another official language.

Part 3. Disclosure under subsections 8(2) and 8(5) of the Privacy Act

Permissible disclosure pursuant to subsection 8(2) of the PA describes the circumstances under which personal information under the control of government institutions may be disclosed without the consent of the individual to whom the information pertains. In 2019-2020, CIRNAC made 23 permissible disclosures under 8(2)(e) and 8(2)(m). The Treasury Board of Canada requires these permissible disclosures to be captured in the statistical report.

  • 8(2)(m) disclosures – One (1) disclosure was authorized under paragraph 8(2)(m) pursuant to any purpose where, in the opinion of the head of the institution the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure, or disclosure would clearly benefit the individual to whom the information relates.
  • 8(2)(e) disclosures – 22 disclosures were completed under paragraph 8(2)(e) pursuant to requests made by investigative bodies as found in the schedule II and III of the Privacy Act.
  • 8(5) disclosures - Requires institutions to report 8(2)(m) to the Office of the Privacy Commissioner. The 8(2)(m) disclosure noted above was reported to the Privacy Commissioner.

Other permissible disclosures not captured by the statistical report include:

  • 8(2)(b) disclosures – CIRNAC completed 2 disclosures for any purpose in accordance with any Act of Parliament or any regulation made thereunder that authorizes its disclosure.
  • 8(2)(d) disclosures – CIRNAC completed 26 disclosures to the Attorney General of Canada pursuant to legal proceedings.
  • 8(2)(f) disclosures – Under an agreement or arrangement between the Government of Canada and provincial governments for the purpose of administering or enforcing any law or carrying out lawful investigations. CIRNAC completed 237 disclosures of personal information.
  • 8(2)(j) disclosures - CIRNAC authorized 39 disclosures to research bodies for statistical purposes.
  • 8(2)(k) disclosures - CIRNAC completed 61 disclosures permitting the disclosure of personal information to researchers for the purpose of researching or validating the claims, disputes or grievances of any of the Aboriginal peoples of Canada.

Part 4. Requests for correction of personal information and notations

During the reporting period, there were no requests for correction of personal information or notations.

Part 5. Extensions

5.1 Reasons for extensions and disposition of requests

During 2019-2020, 86 extensions were taken under subsection 15(a) of the Privacy Act. All 86 extensions were taken under subsection 15(a)(i) (interference with operation). Seventeen (17) requests were disclosed in their entirety, whereas 35 requests were disclosed in part. (Table 5.1)

Table 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 17 0 0 0
Disclosed in part 35 0 0 0
All exempted 1 0 0 0
All excluded 0 0 0 0
No records exist 32 0 0 0
Request abandoned 1 0 0 0
Total 86 0 0 0
5.2 Length of extensions

All 86 (100%) of the extensions applied during the reporting period were between 16 to 30 days in length. (Table 5.2)

Table 5.2 Length of extensions
Length of extension 15(a)(i) Interference with Operations 15(a)(ii) Consultation 15(b) Translation or conversion
Section 70 Other
1 to 15 days 0 0 0 0
16 to 30 days 86 0 0 0
Total 86 0 0 0

Part 6. Consultations received from other Institutions and Organizations

CIRNAC did not receive any consultations from another Government of Canada institution during 2019-2020.

Part 7. Completion time of consultations on Cabinet confidences

During the reporting period, no consultations on the application of section 70 of the PA were sent to Departmental Legal Services Unit for consultation on potential Cabinet confidences.

Part 8. Complaints and investigations notices received

During the 2019-2020 reporting period, there were two (2) complaints received from the Office of the Privacy Commissioner under section 31. The Treasury Board of Canada requires institutions to also track in the statistical report sections 31, 33 and 35 of the Privacy Act. These sections are not cumulative.

Table 8.1 Complaints and Investigation
Section 31 Section 33 Section 35 Court action Total
2 0 2 0 4

Part 9. Privacy impact assessments

Privacy Impact Assessments (Appendix A of the TBS Statistical Report)

A Privacy Impact Assessment (PIA) is a risk evaluation of the flow of personal information held within a program or service. This process enables the Department to determine whether new or substantially modified technologies, information systems, initiatives, and proposed programs or policies meet federal government privacy requirements.

There were no PIAs completed during the 2019-2020 reporting period.

Privacy Act Statements

The ATIP Directorate assists and reviews all CIRNAC programs in the development of appropriate Privacy Notice Statements to be included in any form(s) and/or shared during a consultation engagement process which collects personal information. Privacy Statements inform individuals what is done with their personal information. In 2019-2020, the ATIP Directorate responded to numerous requests for Privacy Statements.

The ATIP Directorate will continue to work with all CIRNAC program areas in the upcoming fiscal years to update Privacy Notice Statements for all hard copy and online Data Collection Instruments forms and/or consultation processes.

Privacy Policy Questions

The ATIP Directorate also fields questions regarding privacy protocols, policies/directives, issues and other inquiries related to the collection, use, retention and disposal, and/or sharing of personal information. During the reporting period, the ATIP Directorate responded to numerous questions from departmental clients for all CIRNAC-related privacy matters.

Privacy Breaches

The ATIP Directorate provides support to CIRNAC officials in addressing and containing potential privacy breaches. CIRNAC reported five (5) privacy breaches during this fiscal year lower than the 6 reported in the previous fiscal year. The majority of breaches were of low sensitivity and caused by human error.

Part 10. Resources related to the Privacy Act

10.1 Costs

The ATIP Directorate functioned under a shared services model to support CIRNAC and ISC. It spent a total of $1,840,301 on staffing, goods and services and was supported by 23.29 human resources.

Calculations for the annual reports reflect the level of effort in support CIRNAC's responsibilities pursuant to the Acts.

In 2019-2020, CIRNAC spent $58,135 on the administration of the PA and was supported by 0.72 Human Resources.

Table 10.1 Budget figures dedicated to the administration of the Privacy Act
Expenditures Amount
Salaries $52,847
Overtime $450
Goods and Services
  • Professional service contracts: $2,838
  • Other: $2000
 $4,838
Total $58,135
10.2 Human Resources

The Privacy Operations unit within the ATIP Directorate consisted of 0.71 full-time equivalents (FTEs) (Table 10.2) and .01 consultant.

Table 10.2 Human resources dedicated to the administration of the Privacy Act
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.71
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.01
Students 0.00
Total 0.72

Highlights

2019-2020 Points of interest

This past fiscal year (2019-2020) was the second full year of reporting for Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) under the Access to Information Act and the Privacy Act.

The ATIP Directorate has administered the Acts in a shared services environment for both CIRNAC and Indigenous Services Canada (ISC) since November 30, 2017.

CIRNAC received 786 new privacy requests and closed 584, with a total of 14,382 pages processed under the Privacy Act. By comparison, last fiscal year, only 115 new privacy requests were received.

This fiscal year there was an increase of 583% in privacy requests. This increase is reflective of the settlement and resolution agreements and orders the Department has been subject to, and it can be anticipated to increase as the activities related to reconciliation progress.

In 2019-2020, for both Departments a total of 38,865 pages were processed under the Privacy Act compared to the 15,066 total pages processed in 2018-2019.

The most sited exemption under Privacy Act was Section 26 for personal information.

Complaints from the Office of the Privacy Commissioner rose to two (2) in 2019-2020, whereas one (1) complaint was received the previous fiscal year.

There were 388 permissible disclosure requests processed under section 8(2) the Privacy Act which allows for the release of personal information without consent.

The relationship existing between Indigenous Peoples, provinces, territories and the Department leads to a large volume of requests for permissible disclosures under section 8(2) and necessitates the continuous development of Information Sharing Agreements and Memoranda of Understanding.

It should be noted that of these, there were 61 disclosures under section 8(2)(k) of the Privacy Act for the purposes of researching or validating the claims, disputes or grievances of any of the Aboriginal peoples of Canada.

ATIP also trained a total of 860 employees (209 CIRNAC/651 ISC) on the Access to Information Act and Privacy Act in 2019-2020.

For 2019-2020 fiscal year, CIRNAC spent $58,153 and was supported by one human resource in support of Privacy. In a shared environment, the ATIP Directorate as a whole spent $1,841,301 on staffing, goods and services, and was supported by 23.29 human resources on the administration of the Acts.

COVID impacts

As of March 16, 2020, Crown-Indigenous Relations and Northern Affairs Canada activated their business continuity plans due to COVID-19. This meant only essential services were provided to Canadians. Employees providing non-essential services were instructed to work remotely until further notice.

ATIP was not identified as an essential service.

In order to better serve Canadians, ATIP implemented electronic e-Post to enable the sending of release packages and avoid a break in service.

ATIP also provided support to the Department by preparing and sending updates and instructions to ATIP liaison officers to better facilitate the retrieval of records.

The ATIP Directorate with its partners in the Department of Justice and Indigenous Services Canada undertook the review and assessment of existing departmental surveillance tools to support COVID-19 Pandemic response and planning activities for Indigenous communities supported by the Department. COVID-19 case specific disclosure recommendations, for use by the Department, were simultaneously developed.

Appendix A

Order of Delegation of the Privacy Act dated March 14, 2016
Text alternative for Order of Delegation of the Privacy Act dated March 14, 2016

Privacy Act - Order of Delegation

Pursuant to the powers of designation conferred upon me by Section 73 of the Privacy Act, the persons exercising the functions or positions Deputy Minister (position number 00000001), Associate Deputy Minister (position number 00000006), Corporate Secretary (position number 00012294), and the departmental Access to Information Privacy Coordinator/Director (position number 20003872), and their respective successors, including in their absence, a person or officer designated in writing to act in the place of the holder of any such functions or positions are hereby designated to exercise those powers, duties or functions of the Minister as the Head of the government institution under the Act, and as set out in the attached Schedule A.

The departmental Access to Information and Privacy Deputy Director (position number 20007504) and Team Leaders (position number 00012590 and 00012061) including in her/his absence, a person or officer designated in writing as being authorized to act in the place of the holder of any such function or position, are hereby designated to exercise those powers, duties or functions of the Minister as the Head of the government institution under the Act, and as set out in the attached Schedule B.

Original document signed on March 14, 2016

The Honourable Carolyn Bennett
Minister of Indian Affairs and Northern Development

Loi sur la protection des renseignements personnels – Ordonnance de délégation de pouvoirs.

En application des pouvoirs de désignation qui me sont confères en vertu de l’article 73 de la Loi sur la protection des renseignements personnels, j’autorise par la présentes les employés exerçant des fonctions ou occupant le poste de sous-ministre (numéro de poste 00000001), sous-ministre délégué(e) (numéro de poste 00000006), secrétaire du Ministère (numéro de poste 00012294), coordonnateur/directeur de l’Access a l’information et de la protection des renseignements personnels (numéro de poste 20003872), et leurs successeurs respectifs et les employés qui les remplacent en leur absence, ou toute personne ou agent désigné par écrit pour les remplacer, à exercer ces pouvoirs, responsabilités ou fonctions dévolus au ministre en tant que chef de cette institution administrative en vertu de la Loi, et tel qu’énoncés dans l’annexe A ci-jointe.

J’autorise par la présente le Directeur adjoint (numéro de poste 20007504) et le Chefs d’équipe de l’Accès à l’information et de la protection des renseignements personnels (numéros de postes 00012590 et 00012061), y compris, en leur absence, toute personne ou agent désigné par écrit pour agir en son nom, à exercer les pouvoirs, les responsabilités ou les fonctions dévolus au ministre en tant que Chef de cette institution administrative du gouvernement en vertu de la Loi, et tel qu’énoncés dans l’annexe B ci-jointe.

Document original signé le 14 mars, 2016

L’honorable Carolyn Bennett
Ministre des Affaires Indiennes et du Nord canadien

Schedule A

DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT
SCHEDULE TO DELEGATION ORDER

DESIGNATION PURSUANT TO SECTION 73 OF
THE PRIVACY ACT

Sections and Powers, Duties or Functions

8(2)
Disclose personal information without the consent of the individual to whom it relates
8(4)
Keep copies of requests made under 8(2)(e), keep records of information disclosed pursuant to such requests and to make those records available to Privacy Commissioner
8(5)
Notify the Privacy Commissioner in writing of disclosure under paragraph 8(2)(m)
9(1)
Retain a record of use of personal information
9(4)
Notify the Privacy Commissioner of consistent use of personal information and update index accordingly
10
Include personal information in personal information banks
11(a)
Publish annually an index of all personal information banks and their respective contents
11(b)
Publish annually an index of all personal information held by the institution which is not part of a bank
14
Respond to request for access, within statutory deadline; give access or give notice
15
Extend time limit and notify applicant
16
Where access is refused
17(2)(b)
Language of access or alternative format of access
17(3)(b
Access to personal information in alternative format
18(2)
May refuse to disclose information contained in an exempt bank
19(1)
Shall refuse to disclose information obtained in confidence from another government
19(2)
May disclose any information referred to in 19(1) if the other government consents to the disclosure or makes the information pubic
20
May refuse to disclose information injurious to federal-provincial affairs
21
May refuse to disclose information injurious to international affairs and/or defence
22
May refuse to disclose information injurious to law enforcement and investigation
23
May refuse to disclose information injurious to security clearances
24
May refuse to disclose information collected by the Canadian Penitentiary Service, the National Parole Service or the National Parole Board
25
May refuse to disclose information injurious to which could threaten the safety of individuals
26
May refuse to disclose information about other individuals, and shall refuse to disclose such information where disclosure is prohibited under section 8
27
May refuse to disclose information subject to solicitor-client privilege
28
May refuse to disclose information relating to an individual's physical or mental health where disclosure is contrary to the best interests of the individual
31
Receive notice of investigation by the Privacy Commissioner
33(2)
Make representations to the Privacy Commissioner during an investigation
35(1)
Receive the Privacy Commissioner's report of findings of the investigation and give notice of action taken
35(4)
Give complainant access to information after 35(1)(b) notice
36(3)
Receive Privacy Commissioner's report of findings of investigation of exempt
37(3)
Receive report of Privacy Commissioner's findings after compliance investigation where the institution has not complied with sections 4 to 8
51(2)(b)
Request that matter be heard and determined in National Capital Region
51(3)
Request and be given right to make representations in section 51 hearing
72(1)
Prepare Annual Report to Parliament
77
Carry out responsibilities conferred on the Head of the institution by the regulations made under section 77 which are not included above

Schedule B

DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT
SCHEDULE TO DELEGATION ORDER

DESIGNATION PURSUANT TO SECTION 73 OF
THE PRIVACY ACT

Sections and Powers, Duties or Functions

10
Include personal information in personal information banks
11(a)
Publish annually an index of all personal information banks and their respective contents
11(b)
Publish annually an index of all personal information held by the institution which is not part of a bank
15
Extend time limit and notify applicant
31
Receive notice of investigation by the Privacy Commissioner

Appendix B

Statistical Report on the Privacy Act

Name of institution:
Crown Indigenous Relations and Northern Affairs Canada
Reporting period:
2019-04-01
to
2020-03-31

Part 1: Requests Under the Privacy Act

Part 1: Requests Under the Privacy Act
  Number of Requests
Received during reporting period 786
Outstanding from previous reporting period 10
Total 796
Closed during reporting period 584
Carried over to next reporting period 212

Part 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time

Table 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 12 113 36 3 0 1 0 165
Disclosed in part 5 88 39 14 0 1 1 148
All exempted 0 0 1 1 0 0 0 2
All exempted 1 0 0 0 0 0 0 1
No records exist 39 141 40 3 1 0 0 224
Request abandoned 32 11 1 0 0 0 0 44
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 89 353 117 21 1 2 1 584

2.2 Exemptions

Table 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 1
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
26 152
27 1
28 0

2.3 Exclusions

Table 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

Table 2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 5 160 0
Disclosed in part 100 48 0
Total 105 208 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Table 2.5.1 Relevant pages processed and disclosed.
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 1723 1543 165
Disclosed in part 12603 4832 148
All exempted 39 0 2
All excluded 0 0 1
Request abandoned 17 16 44
Neither confirmed nor denied 0 0 0
Total 14382 6391 360
2.5.2 Relevant pages processed and disclosed by size of requests
Table 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 163 1246 2 308 0 0 0 0 0 0
Disclosed in part 140 869 3 262 2 569 2 2528 1 569
All exempted 2 0 0 0 0 0 0 0 0 0
All excluded 1 0 0 0 0 0 0 0 0 0
Request abandoned 44 16 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 350 2131 5 570 2 569 2 2528 1 569
2.5.3 Other complexities
Table 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
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
Table 2.6.1 Reasons for not meeting statutory deadlines
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
20 18 1 0 1
2.6.2 Number of days past deadline
Table 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 4 4 8
16 to 30 days 4 1 5
31 to 60 days 3 0 3
61 to 120 days 0 0 0
121 to 180 days 1 1 2
181 to 365 days 0 2 2
More than 365 days 0 0 0
Total 12 8 20

2.7 Requests for translation

Table 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
22 1 0 23

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

Table 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 17 0 0 0
Disclosed in part 35 0 0 0
All exempted 1 0 0 0
All excluded 0 0 0 0
No records exist 32 0 0 0
Request abandoned 1 0 0 0
Total 86 0 0 0

5.2 Length of extensions

Table 5.2 Length of extensions
Length of extension 15(a)(i) Interference with Operations 15(a)(ii) Consultation 15(b) Translation or conversion
Section 70 Other
1 to 15 days 0 0 0 0
16 to 30 days 86 0 0 0
Total 86 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

Table 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

Table 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

Table 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

Table 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

Table 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

Table 8.1 Complaints and Investigation
Section 31 Section 33 Section 35 Court action Total
2 0 2 0 4

Part 9: Privacy Impact Assessments (PIAs)

Number of PIA(s) completed: 0

Part 10: Resources Related to the Privacy Act

10.1 Costs

Table 10.1 Costs
Expenditures Amount
Salaries $52,847
Overtime $450
Goods and Services
  • Professional service contracts: $2,838
  • Other: $2000
 $4,838
Total $58,135

10.2 Human Resources

10.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.71
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.01
Students 0.00
Total 0.72
Note: Enter values to two decimal places.

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