Annual and Statistical Reports on the Access to Information Act and the Privacy Act

Government institutions are reminded that they must submit their 2003-2004 annual reports to Parliament, as required by sections 72 of the Access to Information Act and the Privacy Act. Annual reports must be submitted "within three months after the financial year in respect of which it is made or, if the House is not then sitting, on any of the first fifteen days next thereafter that it is sitting".

Government institutions are also asked to submit their annual statistical reports on the operation of the Access to Information Act and the Privacy Act to the Treasury Board Secretariat by MAY 14, 2004.

Port Authorities are reminded that their reports are coordinated by Transport Canada, Port Liaison, (613) 993-6447. 

ANNUAL REPORTS TO PARLIAMENT

These instructions are intended to assist in the preparation and submission of annual reports to Parliament, as required by sections 72 of the Access to Information Act and the Privacy Act. Further information on this subject may be obtained by referring to the Treasury Board Manual, Access to Information and Privacy and Data Protection volumes. The general outline of the reports should conform to the following instructions. 

Content

Annual reports are the means by which government institutions account for their efforts to administer access to information and privacy legislation. It is important to emphasize that reports should reflect the unique experiences of the institution and that no single format can serve the needs of all departments and agencies. A sample table of contents listing elements that typically comprise annual reports is attached as Appendix A.

The reports should provide an overall view of institutions' access to information and privacy policies and procedures. They should highlight recent developments and accomplishments, such as changes aimed at expediting processing activities and reducing turnaround times for requests. Reference should be made to any improvements to the provision of information through both formal and informal access channels. Reports should also identify issues that have privacy implications, such as legislative, policy and service delivery initiatives, data matching and data sharing agreements and the impact of new technologies.

Statistical reports must be included. Any major trends, discrepancies or links pertaining to the statistics should be documented in the text. The reasons for complaints, the findings of the Commissioners, appeals to the Courts, decisions and remedial actions implemented should be outlined to provide a balanced view of the institution's performance.

Annual reports should describe how access to information and privacy programs operate within the broader information management framework. References to the institution's information holdings and to its information technology infrastructure will provide Members of Parliament and the public with a more comprehensive view of the institutional environment.

Reports should include references to organizational changes or changes to the decision-making process, notably to delegation orders. There is no need to repeat information provided in earlier reports. In making the distinction between repetition and cross-reference, institutions should be guided by convenience to the reader.

Copies of recent annual reports are available in the Information, Privacy and Security Policy Division. Anyone who is interested in examining them should arrange to view them at the Treasury Board Secretariat.

Authorization

Although annual reports must be approved by the Minister, they do not have to be signed by the Minister. Reports are to be accompanied by a letter of transmittal from the Minister to the Clerk of the House of Commons and to the Clerk of the Senate.

Institutions subject to both the Access to Information Act and the Privacy Act must prepare separate annual reports for each Act, although they may be submitted under the same cover. In the letter of transmittal, the Minister must indicate that: 

• The reports are tabled in accordance with section 72 of the Access to Information Act and section 72 of the Privacy Act. 

• The reports are to be referred to the Standing Committee on Justice and Human Rights. 

Submission

Copies of the annual reports to Parliament must be submitted to the following: 

Mr. William C. Corbett
Clerk of the House of Commons
Centre Block, Room 228-N
House of Commons
Parliament Buildings
Ottawa, Ontario K1A 0A6

One copy 

Mr. Paul Bélisle
Clerk of the Senate and Clerk of the Parliaments
Centre Block, Room 183-S
Senate of Canada
Parliament Buildings
Ottawa, Ontario K1A 0A4

One copy 

The Information Commissioner of Canada
Tower B, 22nd Floor
Place de Ville
112 Kent Street
Ottawa, Ontario K1A 1H3

One copy (Access only) 

The Privacy Commissioner of Canada
Tower B, 3rd Floor
Place de Ville
112 Kent Street
Ottawa, Ontario K1A 1H3

One copy (Privacy only) 

Colette Dubois
Information, Privacy and Security Policy Division
Treasury Board of Canada Secretariat
2745 Iris Street 
Ottawa, Ontario K1A 0R5

Two copies 

ANNUAL STATISTICAL REPORTS

These instructions are intended to assist in the preparation of the annual statistical reports on the operation of the Access to Information Act and the Privacy Act. Further information on this subject may be obtained by referring to the Treasury Board Manual, Access to Information and Privacy and Data Protection volumes. The reports should conform to the following instructions. 

Timing

You are asked to prepare and submit your 2003-2004 annual statistical reports to the Treasury Board Secretariat by Friday, May 14, 2004.

Submission

Please refer to Appendix B for instructions on how to submit your data. 

Please submit your data in an electronic format if at all possible. 

Content

The annual statistical reports are intended to provide up-to-date statistics on the operation of the legislation. They enable the government to monitor trends and to respond to enquiries from Members of Parliament, the public and the media. They also form the statistical portion of institutions' annual reports to Parliament. 
The following are particular aspects that should be considered when preparing reports: 

• All fields should be completed using numerical data.

• Statistics must be compiled consistently and according to the definitions attached as Appendix C. 

• Statistical categories must be mathematically reconciled and any discrepancies should be explained. 

• Statistics submitted to the Treasury Board Secretariat for the fiscal year should be identical to those appearing in the institution's annual reports to Parliament.

Enquiries

Please direct any questions regarding these instructions to Information, Privacy and Security Policy Division at (613) 954-3720 or by e-mail at Olive.Nancy@tbs-sct.gc.ca.

Anne Brennan

Senior Director
Information and Security Policy Division
Government Operations Sector

Attachments:

Appendix A
Appendix B
Appendix C