Annual report to Parliament 2021-2022: Privacy Act

Table of contents

Introduction

I. 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 activities of Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), in respect to the stated legislation, for the period of April 1, 2021 to March 31, 2022.

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:

  • Limiting the break in service during Covid-19;
  • Continued training initiatives to increase departmental Privacy capacity and awareness; and
  • Further development of a Privacy/Policy function.

Creation and Growth of the 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 CIRNAC and its sister department Indigenous Services Canada (ISC). The ATIP Directorate provides shared services support for CIRNAC and ISC through a Memorandum of Understanding (MOU) between the Departments.

Delegation on ministerial responsibilities for the PA remains 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. Its mandate is to 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 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.

II. Organization

Access to Information and Privacy 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 who 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 provided by the ATIP Directorate.

Under a shared service agreement, ATIP analysts processed requests for both CIRNAC and ISC. Requests varied in volume and complexity based on their classification level.

CIRNAC, in part, carries forth the record collection responsibility of its predecessor institutions: Indigenous and Northern Affairs Canada, Department of Indian Affairs and Northern Development, etc. As such the Minister for Crown-Indigenous Relations and Northern Affairs Canada has prioritized addressing the legacy of residential schools which entails the sharing of information under the control of the Department. Analysts with Privacy expertize are engaged with sectors to provide advice related to record sharing activities.

Additionally, the privacy specialist provided critical advice for new initiatives, resulting in privacy protection in departmental programs.

Policies and procedures continue to be established, under an evolving multi-jurisdictional reality, to ensure that privacy is considered throughout the life cycle of CIRNAC's programs. As such, 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, recorded events, 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, Information Sharing Agreements and more complicated Multi-Jurisdictional Information Sharing Agreements (MISAs).

The Intake Team triages and coordinates the receipt of requests for records under the control of the Department made pursuant to the ATIA and PA.

The Operations Team ensures that a response is provided within the legislated timeframe. 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 are treated in accordance with the Acts to allow for government records to be safely disclosed to the Canadian public.

The Privacy/Policy team provides expert advice, maintains and monitors privacy risks and assists 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 appropriate records, impact statements and approvals are obtained and communicated to ATIP Directorate officials within the designated time allowances.

Director's Office

The Director (EX-01), as institutional ATIP Coordinator, holds full delegated authority under the ATIA. The Director is supported in day-to-day administrative tasks by the Deputy Director Operations (PM-06), Deputy Director Privacy/Policy (PM-06), an Administrative Assistant (AS-01) and in reporting by the Systems Administrator (AS-04).

Privacy/Policy Team

The Privacy/Policy Team is led by two Team Leaders (PM-05), who are responsible for the overview of request processing by their team, including the review of privacy/policy requests. The Privacy/Policy Team consists of Analysts at the PM-04, PM-03 and PM-02 levels who respond to Privacy Policy matters (such as privacy breaches, formal/informal and court ordered disclosure requests, Privacy Assessments etc.), provides training and Privacy advice, supported by an intake Clerk (CR-04).

Operations Team

The Operations Team is led by three Team Leaders (PM-05), who are responsible for the overview of request processing by their team, including the review of completed requests. The Operations Team consists of Analysts at the PM-04, PM-03, and PM-02 levels who process Access and Privacy requests of varying volume and complexity, as well as provide training.

Intake Team

The Intake Team is led by one Team Lead (PM-5) and is comprised of various Intake Officers (PM-04, PM-01 and CR-04's), 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.

III. 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 the Honorable Minister Carolyn Bennett, Minister of Crown-Indigenous Relations on January 28, 2021, 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 Director (Coordinator)
  • ATIP Deputy Directors

Statistics

IV. Interpretation of the Statistical Report

CIRNAC's Statistical Report and Supplemental Report were submitted to the Treasury Board Secretariat (TBS) on August 2, 2022 (Appendix B). The Report details various aspects of the requests CIRNAC received and processed during the period of April 1, 2021 to March 31, 2022.

1. Requests under the Privacy Act

In 2021-2022, CIRNAC received 945 requests, representing an increase of approximately 14% compared to the 831 received in 2020-2021 (Table 1.1). Another 117 requests were carried over from the previous year, this reflected a total of 1,062 requests to be processed in course of the reporting period. The Department completed 1,009 requests, 7% more than received, and carried 53 requests, a decrease of 55%, into the next reporting period 2022-2023.

1.1 Number of requests received

This fiscal year there was an increase of 722% in privacy requests since the 2018-2019 reporting period. This increase is reflective of the settlement and resolution agreement for day schools.

Table 1.1 Number of requests received and outstanding from 2018-2022
Number of Requests 2018-2019 2019-2020 2020-2021 2021-2022
Received during reporting period 115 786 831 945
Outstanding from previous reporting period 14 10 224 117
Total 129 796 1,055 1,062
Table 1.1b Number of requests closed and carried over from 2018-2022
Number of Requests 2018-2019 2019-2020 2020-2021 2021-2022
Closed during reporting period 119 584 938 1,009
Carried over to next reporting period 10 212 117 53
1.2 Channels of requests

The channels of requests serve to identify the mechanism used by the Canadian public to make a request for their personal information during the current reporting period: Government of Canada Online Portal, e-mail, mail, in person, phone or fax. This is a new reporting requirement. In the course the this reporting period, the majority of requests were received by email (Table 1.2).

Table 1.2 Channels of requests
Source Number of Requests
Online 269
E-mail 666
Mail 10
In person 0
Phone 0
Fax 0
Total 945

2. Informal requests

No Informal requests were received pursuant to the PA in 2021-2022.

3. Requests closed during the reporting period

3.1 Disposition and completion time

Of the 1,009 requests closed during the reporting period, CIRNAC was able to fully or partially disclose records in 731 cases (72% of the requests) (Table 3.1.1). The most frequent outcome of requests processed during the reporting period was a partial disclosure, in 476 cases or 47% of the time. No records existed in 214 cases or 21% of the time. In 64 instances requests were abandoned by the requester, likely because the original request was not complete or sufficient authorization for disclosure was not obtained (Table 3.1.2).

Table 3.1.1 Percentage of completed files relevant to each disclosures
All disclosed 25%
Disclosed in part 47%
All exempted 0%
All excluded 0%
No records exist 21%
Request abandoned 7%
Neither confirmed nor denied 0%

In course of the current reporting period, 94 requests were processed and completed within the initial 15 days of receipt and another 566 were closed within 30-days. Resulting in 65% of received requests completed within 30-days. An additional 300 files were completed between 31 and 60 days of receipt, with or without an extension recorded on the file. The remaining 49 files were finalized in 61 or more days.

Table 3.1.2 Disposition and completion time
Disposition of requests Completion Time (days)
1 to 15 16 to 30 31 to 60 61 to 120 121 to 180 181 to 365 > 365 Total
All disclosed 8 180 60 4 1 0 2 255
Disclosed in part 10 248 179 21 4 7 7 476
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 19 136 57 1 1 0 0 214
Request abandoned 57 2 4 0 0 0 1 64
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 94 566 300 26 6 7 10 1,009
3.2 Exemptions

As seen in previous years, section 26 (personal information of another individual) was the most common exemption invoked during the reporting period (474 times). The other exemptions applied in 2021-2022 were under section 22(1)(b) (Law enforcement and investigation) which was invoked three (3) times and sections 27 (Solicitor Client Privilege), which was invoked on two (2) occasions (Table 3.2).

Table 3.2 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 0
21 0
22(1)(a)(i) 0
22(1)(a)(ii) 0
22(1)(a)(iii) 0
22(1)(b) 3
22(1)(c) 0
22(2) 0
22.1 0
22.2 0
22.3 0
22.3 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 1
26 474
27 2
27.1 0
28 0
3.3 Exclusions

No mandatory exclusion provisions were applied to requests that were closed in fiscal year 2021-2022.

3.4 Format of information released

Over the course of this reporting period, the majority of responses were provided to the requesters electronically through E-post Connect or through e-mail. On three (3) occasions, individuals who did not have access to retrieve records electronically, were provided with paper copies through regular mail (Table 3.4).

Table 3.4 Format of information released
Paper Electronic Other
E-record Data set Video Audio
3 728 0 0 0 0
3.5 Complexity

The following sections detail several factors affecting the complexity of requests that were completed throughout 2021-2022.

3.5.1 Relevant pages processed and disclosed for paper and e-record formats by size of requests

Of the 1,009 requests closed, 795 requests generated 28,156 pages processed. The total amount of pages disclosed was 14,531 during the reporting period (Table 3.5.1).

Table 3.5.1 Relevant pages processed and disclosed
Number of pages processed Number of pages disclosed Number of requests
28,156 14,531 795
3.5.2 Relevant pages processed per request disposition for paper and e-records formats by size of requests

Of the 795 requests, 748 requests (94%) required the processing of 100 pages or less. Also, a total of 9,023 pages required processing for 42 requests (5%) on files comprising between 101 and 1,000 pages. Five (5) requests or 1% had more than 1,001 pages to be reviewed.

Table 3.5.2 Relevant pages processed per request disposition for paper and e-records formats by size of requests
Disposition < 100 pages 101-500 pages 501-1,000 pages 1,001-5,000 pages > 5,000 pages
Requests Pages Requests Pages Requests Pages Requests Pages Requests Pages
All disclosed 255 1,293 0 0 0 0 0 0 0 0
Disclosed in part 429 8,259 40 7,567 2 1,456 5 9,581 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
Abandoned 64 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 748 9,552 40 7,567 2 1,456 5 9,581 0 0
3.5.3 Relevant minutes processed and disclosed for audio formats

No audio files were provided to the CIRNAC ATIP office in response to an ATIA request.

3.5.4 Relevant minutes processed per request disposition for audio formats by size of requests

No audio files were provided to the CIRNAC ATIP office in response to an ATIA request.

3.5.5 Relevant minutes processed and disclosed for video formats

No video files were provided to the CIRNAC ATIP office in response to an ATIA request.

3.5.6 Relevant minutes processed per request disposition for video formats by size of requests

No video files were provided to the CIRNAC ATIP office in response to an ATIA request.

3.5.7 Other complexities

No other complexities were recorded during the 2021-2022 reporting period.

3.6 Closed requests

The following section details the number of privacy requests closed within the legislated timelines.

3.6.1 Number of requests closed within legislated timelines

The Department achieved a 93% compliance rate up from 59% the previous fiscal. It received 945 requests and closed more (1009) than it received. It should be noted that the majority of privacy requests were related to the Federal Indian Day School Settlement (Table 3.6.1)

Table 3.6.1 Number of requests closed within legislated timelines
Number of requests closed within legislated timelines 943
Percentage of requests closed within legislated timelines (%) 93.46
3.7 Deemed refusals

The following sections detail the number of, and reasons for requests in deemed refusal (past legislative timelines) throughout 2021-2022.

3.7.1 Reason for not meeting legislated timelines

The majority of deemed refusals or late requests were a result of the Department's ability to retrieve records. In addition, the increased rise of privacy requests due to the Federal Indian Day School Settlement added further pressure. (Table 3.7.1).

Table 3.7.1 Number of requests closed within legislated timelines
Number of requests closed past the legislated timelines Principal Reasons
Interference with Operations / Workload External Consultation Internal Consultation Other
66 66 0 0 0
3.7.2 Request closed beyond legislated timelines (including any extension taken)

Requests closed beyond legislated due dates include any files where a request for extension was requested but due date was not met. During this reporting period 47 requests had no requested extension taken on the file and were closed past the legislated timelines and 19 were closed past the timelines where an extension was taken on the file.

Table 3.7.2 Number of days past deadline
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 23 4 27
16 to 30 days 9 4 13
31 to 60 days 3 3 6
61 to 120 days 2 0 2
121 to 180 days 1 1 2
181 to 365 days 5 4 9
> 365 days 4 3 7
Total 47 19 66
3.8 Requests for translation

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

Table 3.8 Request for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

4. Disclosure under subsections 8(2) and 8(5)

Permissible disclosure pursuant to subsection 8(2) of the Privacy Act 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 2021-2022, CIRNAC made no permissible disclosures under 8(2)(e) and one (1) under 8(2)(m). The Treasury Board of Canada Secretariat requires these permissible disclosures to be captured in the statistical report.

There were no disclosures authorized under 8(2)(e) pursuant to requests made by investigative bodies as found in the Privacy Act. The PA permits the disclosure of personal information to an investigative body specified in the regulations, on the written request of the body, for the purpose of enforcing any law of Canada or a province or carrying out a lawful investigation, if the request specifies the purpose and describes the information to be disclosed.

There was one (1) disclosure authorized under 8(2)(m) where the head of the institution found the public interest in disclosure clearly outweighed any invasion of privacy that could result from the disclosure. The PA permits disclosure under 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.

The Office of the Privacy Commissioner was notified of a single disclosure pursuant to section 8(2)(m) as required under section 8(5) of the PA.

Other permissible disclosures not captured by the statistical report include:

There was one (1) disclosure authorized under 8(2)(d) pursuant to a request from the Department of Justice. The PA permits the disclosure of personal information to the to the Attorney General of Canada for use in legal proceedings involving the Crown in right of Canada or the Government of Canada.

There were five (5) disclosures authorized under 8(2)(j) pursuant to requests to undertake research or statistical activities. The PA permits the disclosure personal information to any person or body for research or statistical purposes with specific provisions.

There were 116 disclosures authorized under 8(2)(k) pursuant to requests from the authorized researchers identified in the PA. The PA permits the disclosure of personal information for the purpose of researching or validating the claims, disputes or grievances of any of the aboriginal peoples of Canada.

The Department processed a combined total of 123 requests under section 8(2) of the Privacy Act in 2021-2022.

Table 4 Disclosures Under Subsections 8(2) and 8(5)
Paragraph 8(2)(e) Subsection 8(2)(m) Subsection 8(5)
0 1 1

5. Requests for Correction of Personal Information and Notations

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

6. Extensions

6.1 Reasons for extensions

In 2021-2022, 395 extensions were taken under subsection 15(a) of the PA due to volume of requests under The Federal Indian Day School Settlement. This also includes, 85 cases, where delays were due to the difficulties of obtaining records within the Department. Extensions were applied pursuant to section 15(a)(i), due to volume/interference, in the majority of the cases.

Table 6.1 Reasons for extensions
Number of requests where an extension was 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
395 0 32 277 85 0 1 0 0
6.2 Length of extensions

The majority of extensions, more specifically 277 extensions, requested and applied during the reporting period were due to the volume of requests received.

Table 6.2 Length of extensions
Number of requests where an extension was 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
1 to 15 days 0 0 0 0 0 0 0 0
16 to 30 days 0 32 277 85 0 1 0 0
31 days or > 0 0 0 0 0 0 0 0
Total 0 32 277 85 0 1 0 0

7. Consultations received from Other Institutions and Organizations

CIRNAC received one (1) consultation from another Government of Canada institution during 2021-2022.

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

During the reporting period, CIRNAC received one (1) consultation request from another Government Department with 98 pages reviewed.

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

During the reporting period, CIRNAC received one (1) consultation request form another Government Department, which was completed within 60 days of receipt and recommending partial disclosure.

7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada

CIRNAC did not receive any consultations from other organizations outside the Government of Canada during 2021-2022.

8. 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.

9. Complaints and Investigations Notices Received

During the 2021-2022 reporting period, there was one complaint received from the Office of the Privacy Commissioner under section 31. There was one complaint closed resulting in no action required by the Department under section 35. The Treasury Board of Canada requires institutions to track in the statistical report sections 31, 33 and 35 of the Privacy Act which are not cumulative (Table 9).

Table 9 Complaints and Investigation Notices Received
Section 31 Section 33 Section 35 Court action Total
1 0 1 0 2

10. Privacy Impact Assessments (PIAs) and Personal Information Banks (PIBs)

10.1 Privacy Impact Assessments

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. It identifies and mediates privacy risks on programs collecting and using personal information.

The Department completed no PIAs during the 2021-2022 reporting period.

10.2 Institution-specific and Central Personal Information Banks

The ATIP Directorate completed the transfer and realignment of CIRNAC's Institutional Specific Personal Information Banks from the previous departmental designation. This is reflected in the annual publishing of the departmental Info Source Chapter.

10.2. Institution-specific and Central Personal Information Banks
Personal Information Banks Active Created Terminated Modified
Institution-specific 19 0 0 0
Central 35 0 0 0
Total 54 0 0 0

11. Privacy Breaches

11.1 Material Privacy Breaches reported

The ATIP Directorate supports the Department in investigating potential privacy breaches. CIRNAC reported no material breaches during this fiscal year. Material privacy breaches are at the highest risk and impact and is defined as: involving sensitive personal information and could reasonably cause serious injury or harm to the individual and or involves a large number of affected individuals.

11.2 Non-Material Privacy Breaches

The ATIP Directorate completed the investigation and review of four (4) non-material privacy breaches. All four privacy breaches were the result of administrative errors and were assessed as low risk. They did not meet the threshold for material privacy breaches.

Table 11.2 Non-Material Privacy Breaches
Number of non-material privacy breaches 4

12. Resources Related to the Privacy Act

12.1 Allocated Costs

In 2021-2022, CIRNAC spent a total of $159,123 on staffing and goods and services. These amounts reflect the level of effort in support of CIRNAC's responsibilities pursuant to the Privacy Act (Table 12.1).

Table 12.1 Allocated Costs
Expenditures Amount
Salaries $140,733
Overtime $0
Goods and Services $18,390
Total $159,123
12.2 Human Resources

In 2021-2022, CIRNAC allocated 2.5 full time employees (FTE) on the administration of the Privacy Act (Table 12.2).

Table 12.2 Human resources
Resources Person Years Dedicated to Privacy Activities
Full-time employees 2.5
Part-time and casual employees 0
Regional staff 0
Consultants and agency personnel 0
Students 0
Total 2.5

Highlights

V. 2021-2022 Points of Interest

The ATIP Directorate administers the Privacy Act as a shared service for both Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and Indigenous Services Canada (ISC) since November 30, 2017. This past fiscal year (2021-2022) was the fourth full year of reporting for Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) under the Access to Information Act and the Privacy Act.

CIRNAC received 945 new privacy requests and closed 1,009, with a total of 28,156 pages processed under the Privacy Act this fiscal year. There has been an increase of 722% in privacy requests since 2018-2019. This increase corresponds with Federal Court approval of the Federal Indian Day School Settlement.

The Department achieved a 93% compliance rate up from 59% the previous fiscal. It should be noted that the majority of privacy requests were related to the Federal Indian Day School Settlement.

The most cited exemption under Privacy Act was Section 26 for personal information of other individuals.

Only one complaint was received from the Office of the Privacy Commissioner in 2021-2022.

There was one (1) permissible disclosure request processed under paragraph 8(2)(m) and another under subsection 8(5) of the Privacy Act, which allows for the release of personal information without consent. There were an additional one-hundred and twenty-two (122) permissible disclosures completed through the ATIP Directorate for CIRNAC. The majority of the permissible disclosures relate to research driven requests: pursuant to sections 8(2)(j) and 8(2)(k) of the Privacy Act. They are primarily disclosures to Indigenous persons, representatives, or rights holders and associated with the affirmation and implementation of the rights of Indigenous peoples; for the negotiating of agreements; and the advancement of reconciliation.

The focus of the Privacy and Policy unit in 2021-2022 was on data sharing activities related to the disclosure of personal information related to the legacy of Residential Schools; Northern Programs and Committee privacy reviews and advice; and internal privacy policy support.

The ATIP Directorate continues to provide privacy advice for CIRNAC's disclosure initiatives supporting the Truth and Reconciliation Commission's Calls to Action 71 to 76.

CIRNAC trained 245 employees on the Access to Information Act and Privacy Act in 2021-2022.

The ATIP office continuously monitors progress on all Privacy files. Reports are prepared monthly to ensure compliance with legislative timelines so that risks can be mitigated. In addition, quarterly reports are also extracted on the Department's performance in meeting legislative time frames and are shared with the senior management table (SMT).

For the 2021-2022 fiscal year, CIRNAC spent $159,123 and was supported by 2.5 human resources on the administration of the PA on behalf of the Department.

In effort to better serve Canadians, ATIP has continued to provide responses to requesters electronically, E-Post Connect and email. The department continues to monitor new internal procedures options to streamline processes and increase effectiveness.

Appendix A

Order of Delegation of the Privacy Act dated January 28, 2021

Delegation Order

Access to Information Act and Privacy Act

I, the Minister of Crown-Indigenous Relations and Northern Affairs Canada, pursuant to section 95 of the Access to Information Act and section 73 of the Privacy Act, hereby delegate the persons holding the positions set out in the Delegation of Authority Schedule attached hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Minister as head of Crown-Indigenous Relations and Northern Affairs Canada, under the provisions of the Act and related regulations set out in the schedule opposite each position. This delegation supersedes all previous delegation orders.

Original document signed on January 28 2021

The Honourable Carolyn Bennett
Minister of Crown-Indigenous Relations

Designation Pursuant to Section 73 of the Access to Information Act

6
Advise requesters that we need additional information to proceed with their request
7(a)
Give written notice to requestor that we can proceed with the request
8(1)
Transfer request to another institution or accept transfer from another institution
9
Extend time limits
10
Refuse to acknowledge or deny the existence of records
11
Charge additional fees
12
Provide access in alternate format
13
Exempt information obtained in confidence
14
Exempt information pertaining to federal-provincial affairs
15
Exempt information pertaining to international affairs and/or defence
16
Exempt information pertaining to law enforcement and investigations
17
Exempt information pertaining to the safety of individuals
18
Exempt information pertaining to the economic interests of Canada
19
Exempt personal information
20
Exempt or disclose third party information
21
Exempt information pertaining to advice, decision-making processes of government plans and positions etc.
22
Exempt information pertaining to testing procedures or audits
23
Exempt information pertaining to solicitor-client privilege
24
Exempt information subject to statutory prohibitions or other Acts of Parliament
25
Sever information
26
Exempt information to be published within 90 days
27(1)(4)
Notify third parties of their rights to provide comments/representations regarding the disclosure of their records
28
Receive third party representations; make a decision as to whether to disclose the record or part thereof; and, notify third party of right to appeal to Federal Court
29(1)
Disclose information on Information Commissioner's recommendation
33
Advise the Information Commissioner of any third-party involvement
35(2)
Make representations to the Information Commissioner during an investigation
37(4)
Release information to complainant
43(1)
Issue a notice to a third party of an application for Court review
44(2)
Issue a notice to an applicant that a third party has applied for Court review
52
Request special rules for hearings
69
Exclude Cabinet Confidences
71
Inspect and exempt information in manuals
72(1)
Prepare Annual Report to Parliament
77
Carry out responsibilities conferred to the Head of the institution by the regulations made under section 77 which are not included in the above

Delegation of Authority Schedule

Position Access to Information Act and Regulations Privacy Act and Regulations
Deputy Minister Full authority Full authority except:
sections 73.1(3), 73.1(5).
Associate Deputy Minister Full authority Full authority except:
sections 73.1(3), 73.1(5).
Corporate Secretary Full authority except:
sections 94, 96(3) or 96(5).		 Full authority
Sections 72, 73.1(3), 73.1(5).
Director, Access to Information and Privacy Full authority except:
sections 94, 96(3) or 96(5).		 Full authority, except:
Sections 72, 73.1(3), 73.1(5).
Deputy Director, Access to Information and Privacy Full authority, except:
sections 33, 37(1)(c), 37(4), 41(2), 43(2), 44(2) and 52(2)(b) and 52(3), 94, 96(3) or 96(5).		 Full authority except:
sections 8(2)(j), 8(2)(m), 8(5), 9(1), 9(4), 10, 33(2), 35(1)b), 35(4), 36(3)(b), 51(2)(b), (3), 72, 73.1(3), 73.1(5).

Please see Access to Information Act for more information on the Access to Information Act.

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

Delegation of Authority Schedule

Position Access to Information Act and Regulations Privacy Act and Regulations
Deputy Minister Full authority Full authority except:
sections 73.1(3), 73.1(5).
Associate Deputy Minister Full authority Full authority except:
sections 73.1(3), 73.1(5).
Corporate Secretary Full authority except:
sections 94, 96(3) or 96(5).		 Full authority
Sections 72, 73.1(3), 73.1(5).
Director, Access to Information and Privacy Full authority except:
sections 94, 96(3) or 96(5).		 Full authority, except:
Sections 72, 73.1(3), 73.1(5).
Deputy Director, Access to Information and Privacy Full authority, except:
sections 33, 37(1)(c), 37(4), 41(2), 43(2), 44(2) and 52(2)(b) and 52(3), 94, 96(3) or 96(5).		 Full authority except:
sections 8(2)(j), 8(2)(m), 8(5), 9(1), 9(4), 10, 33(2), 35(1)b), 35(4), 36(3)(b), 51(2)(b), (3), 72, 73.1(3), 73.1(5).

Please see Privacy Act for more information on the Privacy Act

Appendix B

Statistical Report on the Privacy Act

Name of institution:
Crown-Indigenous Relations and Northern Affairs Canada
Reporting period:
2021-04-01
to
2022-03-31
1.1a Number of requests received and outstanding
Number of Requests
Received during reporting period 945
Outstanding from previous reporting periods
Outstanding from previous reporting period
 108
Outstanding from more than one reporting period
 9
Total Outstanding from previous reporting periods 117
Total 1,062
1.1b Number of requests closed and carried over
Number of Requests
Closed during reporting period 1,009
Carried over to next reporting period
Carried over within legislated timeline
 48
Carried over beyond legislated timeline
 5
Total Carried over to next reporting period 53
1.2 Channels of requests
Source Number of Requests
Online 269
E-mail 666
Mail 10
In person 0
Phone 0
Fax 0
Total 945

Section 2: Informal requests

2.1a Number of informal requests received and outstanding
Number of Requests
Received during reporting period 0
Outstanding from previous reporting periods
Outstanding from previous reporting period
 0
Outstanding from more than one reporting period
 0
Total Outstanding from previous reporting periods 0
Total 0
2.1b Number of informal requests closed and carried over
  Number of Requests
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
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
0 0 0 0 0 0 0 0
2.4 Pages released informally
Less Than 100 Pages Released 100-500 Pages Released 501-1,000 Pages Released 1,001-5,000 Pages Released More Than 5,000 Pages Released
Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released
0 0 0 0 0 0 0 0 0 0

Section 3: Requests Closed During the Reporting Period

3.1 Disposition and completion time
Disposition of Requests Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 8 180 60 4 1 0 2 255
Disclosed in part 10 248 179 21 4 7 7 476
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 19 136 57 1 1 0 0 214
Request abandoned 57 2 4 0 0 0 1 64
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 94 566 300 26 6 7 10 1,009
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) 3
22(1)(c) 0
22(2) 0
22.1 0
22.2 0
22.3 0
22.3 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 1
26 474
27 2
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
3 728 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
28,156 14,531 795
3.5.2 Relevant pages processed by request disposition for paper and e-record formats by size of requests
Disposition Less Than 100 Pages Processed 100-500 Pages Processed 501-1,000 Pages Processed 1,001-5,000 Pages Processed More Than 5,000 Pages Processed
Number of Requests Pages Processed Number of Requests Pages Processed Number of Requests Pages Processed Number of Requests Pages Processed Number of Requests Pages Processed
All disclosed 255 1,293 0 0 0 0 0 0 0 0
Disclosed in part 429 8,259 40 7,567 2 1,456 5 9,581 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 64 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 748 9,552 40 7,567 2 1,456 5 9,581 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 More than 120 Minutes processed
Number of requests Minutes Processed Number of requests Minutes Processed Number of requests Minutes Processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Total 0 0 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 More than 120 Minutes processed
Number of requests Minutes Processed Number of requests Minutes Processed Number of requests Minutes Processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Total 0 0 0 0 0 0
3.5.7 Other complexities
Disposition Consultation Required Legal Advice Sought Interwoven Information Other Total
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 0 0 0 0 0
3.6 Closed requests
3.6.1 Number of requests closed within legislated timelines
Number of requests closed within legislated timelines 943
Percentage of requests closed within legislated timelines (%) 93.45887017
3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
Number of requests closed past the legislated timelines Principal Reason
Interference with operations / Workload External Consultation Internal Consultation Other
66 66 0 0 0
3.7.2 Request 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 23 4 27
16 to 30 days 9 4 13
31 to 60 days 3 3 6
61 to 120 days 2 0 2
121 to 180 days 1 1 2
181 to 365 days 5 4 9
More than 365 days 4 3 7
Total 47 19 66
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) Subsection 8(5) Total
0 1 1 2

Section 5: Requests for Correction of Personal Information and Notations

Disposition for Correction Requests Received Number
Notations attached 0
Requests for correction accepted 0
Total 0

Section 6: Extensions

6.1 Reasons for extensions
Number of requests where an extension was 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 ConfidenceSection (Section 70) External Internal
395 0 32 277 85 0 1 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 ConfidenceSection (Section 70) External Internal
1 to 15 days 0 0 0 0 0 0 0 0
16 to 30 days 0 32 277 85 0 1 0 0
31 days or greater 0 0 0 0 0 0 0 0
Total 0 32 277 85 0 1 0 0

Section 7: Consultations Received From Other Institutions and Organizations

7.1a Consultations received and outstanding 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 1 98 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 1 98 0 0
7.1b Consultations closed and carried over 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
Closed during the reporting period 1 98 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
Disclose in part 0 0 1 0 0 0 0 1
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 1 0 0 0 0 1
7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Section 8: Completion Time of Consultations on Cabinet Confidences

8.1 Requests with Legal Services
Number of Days Fewer Than 100 Pages Processed 100-500 Pages Processed 501-1,000 Pages Processed 1,001-5,000 Pages Processed More than 5,000 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
8.2 Requests with Privy Council Office
Number of Days Fewer Than 100 Pages Processed 100-500 Pages Processed 501-1,000 Pages Processed 1,001-5,000 Pages Processed More than 5,000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

Section 9: Complaints and Investigations Notices Received

Section 31 Section 33 Section 35 Court action Total
1 0 1 0 2

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 19 0 0 0
Central 35 0 0 0
Total 54 0 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 4

Section 12: Resources Related to the Privacy Act

12.1 Allocated Costs
Expenditures Amount
Salaries $140,733
Overtime $0
Goods and Services
Professional services contracts
 $0
Other
 $18,390
Total Goods and Services $18,390
Total $159,123
12.2 Human Resources
Resources Person Years Dedicated to Privacy Activities
Full-time employees 2.500
Part-time and casual employees 0.000
Regional staff 0.000
Consultants and agency personnel 0.000
Students 0.000
Total 2.500
Note: Enter values to three decimal places.

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