Annual Report 2000/2001

The Access to Information Act and the Privacy Act (Revised Statutes of Canada, Chapter A-1, 1985) were proclaimed on July 1, 1983.

The Access to Information Act gives Canadian citizens and individuals present in Canada a broad right of access to information contained in government records subject to certain specific and limited exceptions.

The Privacy Act extends to individuals the right of access to information about themselves held by the government, again subject to specific and limited exceptions. Thelaw also protects the individual's privacy by preventing others from having access to personal information and gives individuals substantial control over its collection and use.

Section 72 of the Access to Information Act and Section 72 of the Privacy Act require that the head of every government institution shall prepare for submission to Parliament an annual report on the administration of the Acts within the institution during each fiscal year.

These Annual Reports provide a summary of the management and administration of the Access to Information and Privacy (ATIP) Acts within Public Works and Government Services Canada (PWGSC) and within Canada Lands Company Limited (CLC), for the fiscal year 2000-2001.

On April 1, 2001, the Delegation of Authority for the administration of the Access to Information Act and the Privacy Act within CLC will be transferred from PWGSC to CLC.

Additional Copies

Additional copies of these reports can be obtained by contacting :

Access to Information and Privacy (ATIP) Office
Public Works and Government Services Canada
Place du Portage, Phase III, 5C1
11 Laurier Street
Hull, Quebec
K1A 0S5

Telephone: (819) 956-1820
Fax: (819) 994-2119

PART I: Background

1. Public Works and Government Services Canada (PWGSC)

Public Works and Government Services Canada (PWGSC) was created in 1993 through the amalgamation of former Public Works Canada (PWC), Supply and Services Canada (SSC), Government Telecommunications Agency (Communications Canada), and the Translation Bureau (Secretary of State of Canada).

PWGSC is the major provider of central and common services to the Government of Canada. These common services are provided through five business-line branches:

Communications Coordination Services
Accounting, Banking and Compensation
Government Telecommunications and Informatics Services
Real Property Services
Supply Operations Service

and four corporate branches:

Audit and Review
Communications
Corporate Implementation Group
Human Resources

Two Special Operating Agencies within PWGSC deliver their services in a more market-oriented, cost-recovery basis:

Consulting and Audit Canada
Translation Bureau

As well, the Corporate Implementation Group, which reports to the Deputy Minister, provides Portfolio Management support for the Crown Corporations within the Minister's portfolio, which includes the following entities:

Canada Lands Company Limited
Canada Mortgage Housing Corporation
Canada Post Corporation
Defence Construction (1951) Limited
Old Port of Montreal Corporation Incorporated
Royal Canadian Mint
Queens Quay West Land Corporation

2. Canada Lands Company Limited

Canada Lands Company Limited (CLC) is an arms-length, non-agent Crown corporation mandated to optimize value for the Government of Canada, through the management, development or timely sale of strategic federal properties no longer required for program purposes. In carrying out its mandate in a self-funding manner, Canada Lands implements innovative property solutions and contributes to the economic revitalization of communities across Canada. All of the Company's transactions are subject to compliance with Government of Canada policies regarding the environment, heritage and First Nations.

PART II: REPORT ON THE ACCESS TO INFORMATION ACT

1. Organization of the Access to Information and Privacy (ATIP) Office

The ATIP Office administers the provisions of the Access to Information Act for PWGSC, including two Special Operating Agencies namely the Translation Bureau and Consulting and Audit Canada. This is the last year in which the ATIP Office of PWGSC will have the delegation of authority to report on the administration of the Act within CLC. On April 1, 2001, the Delegation of Authority for CLC will be transferred from PWGSC to CLC.

1.1 Delegation Instruments

Under Section 3 of the Access to Information Act, the Minister of the Department isdesignated as the head of the government institution for the purposes of the administration of the Act.

The delegation instrument continued to be based on a centralized process with the ATIPCoordinator responsible for full delegation of the Access to Information Act.

1.2 Responsibilities of the ATIP Office

The ATIP Coordinator reports directly to the Director General who, in turn, reports tothe Assistant Deputy Minister of Government Operational Service.

The responsibilities of the ATIP Office include the following:

adjudicating on the disposition of access requests;
developing policies, procedures and guidelines for the orderly implementation ofthe Act;
promoting awareness of the legislation to ensure departmental responsiveness to the obligations imposed on the government;
monitoring and advising on departmental compliance with the Act, regulations, procedures and policies;
updating and registering in the Treasury Board publication Info Source, the description of the department's organization, all classes of records under its control and all manuals used by employees to administer departmental programs or activities;
acting as spokesperson for the department in dealings with the Treasury Board Secretariat, the Information Commissioner of Canada and other government departments and agencies.

The administration of the legislation by the ATIP Office is also facilitated at the branch and regional office levels. Each organizational sector has an ATIP Liaison Officer (normally reporting to an Assistant Deputy Minister or a Regional Executive Director) who coordinates activities and provides guidance on the operation of the Act, departmental directives and procedures.

1.3 Summary of Activities and Highlights

1.3.1 ATIP Liaison Officers' Handbook

The ATIP Liaison Officers' Handbook is produced by the ATIP Office and used as a guide to:

introduce the ATIP Liaison Officers across the department to the ATIP legislation and regulations;
outline the roles and responsibilities of each PWGSC ATIP stakeholder;
provide national processing standards; and
present guidelines for the local handling of requests.

1.3.2 Training and Presentations

Given the complex character of the Access to Information Act and the Privacy Act and the need to balance the Public's right to access information with the need to protect the legitimate interests of other parties, the ATIP Office provides guidance as well as information sessions, on an as required basis, to departmental employees.

Given the proclamation of the most recent amendment to the Access to Information Act, the ATIP Office organized 29 information sessions for employees at Headquarters and in the Regions. These sessions were designed toraise employee awareness of the implications of the legislative amendment ontheir activities as well as remind them of employee roles and responsibilities under the Act.

Information sessions were developed and delivered to departmental managers and employees, both on an as required basis, and as part of the ongoing plan to deliver the standard information session to all departmental employees throughout the year. The standard information session continued to be delivered in conjunction with the Records Management and Information Holdings Section of the Government Telecommunications and Informatics Services Branch.

Overall, 15 joint information sessions were delivered at Headquarters, reaching 325 individuals in Real Property Services Branch, Government Telecommunications and Informatics Services Branch, Supply Operations Service Branch, Audit and Review Branch, Corporate Implementation Group, Human Resources Branch and Consulting and Audit Canada. Twelve joint information sessions were delivered to 249 individuals in the Pacific and Western Regions. Two other sessions were delivered to staff in the Minister's Office and managers in Accounting, Banking and Compensation , reaching 37 individuals.

1.3.3 ATIP Tracking System

The ATIP Office implemented a new electronic request tracking system in October 2000. The ATIPflow software, created by MPRSYS Inc., is currently used in more than twenty other Federal Government departments and agencies. It was introduced to PWGSC as a means of better organizing the flow of work when processing ATIP requests, efficiently creating standard letters and improving the quality of management reports.

1.3.4 Posting of Statistics

The posting of contracting statistics on the Internet has been providing the Public direct access to contracts awarded by PWGSC on behalf of other government departments and agencies since April 1, 1997. The Internet address for this site is http://www.contractscanada.gc.ca./en/index.html.

1.3.5 Credit/Debit Card

The ATIP Credit/Debit Card System, upgraded during the fiscal year, offers an increase in value-added service to the Public tofacilitate the payment of fees by credit cards or debit cards. The system accepts payment by Visa, Mastercard, American Express, Diners/Enroute and Interac.

1.3.6 Special Studies

ATIP staff regularly review procedures and processes to improve the provision ofinformation to the Public, both on a formal and informal basis. These efforts will continue throughout fiscal year 2001-2002.

PWGSC managers and employees, including ATIP Office staff, participated in several information sessions organized by the Access to Information Review Task Force during its consultative process. The Task Force will conduct a thorough administrative and general legislative review of the Access to Information Act and Regulations, identify possible adjustments for immediate implementation and report on further recommendations.

2. Processing of Formal Requests

2.1 Summary

All formal access requests are forwarded to the ATIP Office where they are reviewed forclarity and for conformity with the legislation. Each request is then assigned to an organizational sector of the department, which becomes responsible for locating and retrieving the records containing the information sought, and assisting in determining thecosts and fees for processing the request.

After a review of the relevant records, the organizational sector is responsible for formulating recommendations on the disposition of the case. These are evaluated by theATIP Office before a final decision is reached. This review process is intended to ensure consistency in the treatment of Access to Information Act requests.

Once a decision has been rendered, the ATIP Office notifies the requester and arranges toprovide access to all discloseable records.

2.2 External Clientele

Table I provides an overview of the trends and volume of access requests received and processed by PWGSC, by type of originator, over the past three years.

Table I
ATI Requests By Type of Originator

Type of Originator	1998-1999	1999-2000	2000-2001
Public	87	113	161
Media	53	87	93
Business	477	469	330
Academic	6	2	4
Other Organizations	53	66	141
Total Requests Received	676	737	729

In 2000-2001, the business community continued to be the largest user of the Act, accounting for approximately 45 percent of the requests received. The second largest source of requests were members of the public with 22 percent. One noticeable trend has been the increased use of the Act by the media, which accounted for 13 percent of the requests received, an increase of 75 percent over the past three years. Academic and other organizations comprised the remaining 20 percent of requesters.

The majority of requests received by the ATIP Office continue to be related to the contracting services provided by PWGSC, either in the domain of supply related records (business volumes and contracting for goods and services), or relative to real property services (leasing, construction, fit-ups, restorations and maintenance contracts).

There were 4 requests for information related to CLC.

3. Complaints and Requests for Judicial Review

Table II provides the breakdown of complaints made to the Information Commissioner ofCanada and of requests for judicial review made to the Federal Court of Canada, overthe past 3 years.

Table II
Access Complaints and Requests for Judicial Review

Reporting Period	Complaints	Request for Judicial Review
1998-1999	26	2
1999-2000	32	2
2000-2001	75	10

3.1 Complaints to the Office of the Information Commissioner of Canada

The number of complaints filed with the Office of the Information Commissioner ofCanada increased substantially from the previous fiscal year. A total of 37 out of the 75 complaints received (49 percent) related to delays in responding to requests. Of the remainder, 16 complaints related to time extensions taken on requests, 11 of which were filed by the same requester; 11 to information withheld; 6 concerned missing information; 3 related to fees and 2 were for other reasons. Of the 75 complaints, 35 were resolved to the satisfaction of the requester, 13 complaints were discontinued, 13 were not well founded, and 13 are still ongoing.

It is of note that of the 75 complaints filed with the Office of the Information Commissioner of Canada in 2000-2001, 2 individuals accounted for 26 of the complaints (35 percent) filed against the department.

3.2 Requests for Judicial Review

Nine Access to Information requests resulted in ten applications for judicial review being registered with the Federal Court of Canada in fiscal year 2000-2001. Each application pertained to a review based on section 44 of the Act. One court review is still outstanding from fiscal year 1997-1998.

3.2.1 Judicial Reviews in 2000-2001

Two requests (Federal Court File Numbers T-2103-00 and T-2123-00) were filed by two third parties, École de Langues La Cité Inc. and CMI Interlangues. Both companies objected to PWGSC's decision to disclose part of the records. Each company claimed that the information qualified for exemption in their entirety pursuant to paragraphs 20(1)(b) and (c) of the Act. The motions were eventually discontinued by each of the third parties.

One request for judicial review (Federal Court File Number T-1803-00) was filed by ADGA Group Consultants Inc. ADGA Group Consultants Inc. objected to PWGSC's decision to disclose part of the records pertaining to professional services provided to the Department of National Defence by ADGA under contract #W8484-6-0001. ADGA claimed the information qualified for exemption pursuant to paragraphs 20(1)(b) and (c) of the Act. The company discontinued their application on January 19, 2001.

Two requests for judicial review (Federal Court File Numbers T-1900-00 and T-2117-00) were filed by the Canada Post Corporation. Canada Post objected to PWGSC's decision to disclose part of the records concerning the Canada Post Mandate Review. Canada Post claimed the information qualified for exemption pursuant to paragraphs 20(1)(b) and (c) of the Act. The matter is under review.

One request for judicial review (Federal Court File Number T-1755-00) was filed by Promaxis Systems Inc. Promaxis Systems Inc. objected to PWGSC's decision to disclose part of the records concerning their contract #W8466-5-REOA/01-BQ in which they were the successful bidder. Promaxis Systems Inc. claimed the information qualified for exemption pursuant to paragraphs 20(1)(b) and (c) of the Act. A hearing date has not been scheduled.

Two requests for judicial review (Federal Court File Number T-1265-00) were filed by Jean Chandioux Expert Conseil. Jean Chandioux Expert Conseil objected to PWGSC's decision to disclose part of the records concerning their contract, claiming that the information qualified for exemption pursuant to paragraphs 20(1)(b) and (c) of the Act. The matter is still under review and a court date has not yet been set.

One request for judicial review (Federal Court File Number T-2342) was filed by GPEC International Ltd. GPEC International Ltd. objected to PWGSC's decision to disclose part of the records concerning their winning proposal for a Department of National Defence contract. GPEC International Ltd. claimed the information qualified for exemption pursuant to paragraphs 20(1)(b) and (c) of the Act. A hearing date has not been scheduled.

One request for judicial review (Federal Court File Number T-2337-00) was filed by Brookfield Lepage Johnson Controls. Brookfield Lepage Johnson Controls objected to PWGSC's decision to disclose part of the records concerning their contract. Brookfield Lepage Johnson Controls claimed the information qualified for exemption pursuant to paragraphs 20(1)(b) and (c) of the Act. A hearing date has not been scheduled.

3.2.2 Judicial Reviews Outstanding from Previous Fiscal Years

A 1999-2000 request for judicial review (Federal Court File Number: T-1281-99), was filed by Stenotran Services Inc., pursuant to section 44 of the Act. Stenotran Services Inc. was the successful bidder on contract #4R001-9-1000/001/ZG. The company objected to PWGSC's decision to disclose part of the records pertaining to unit prices as well as any associated documentation of Stenotran Services Inc. It claimed the information qualified for exemption pursuant to paragraphs 20(1)(b) and (c) of the Act. The application was dismissed on the grounds that Stenotran did not prove that the information in dispute was confidential.

A 1997-1998 request for judicial review (Federal Court File Number: T-2785-97), was filed by the St. Joseph Corporation, pursuant to section 44 of the Act. The St. Joseph Corporation objected to PWGSC's decision to disclose part of the records pertaining to the sale and purchase of the Canada Communication Group. The company claimed the information qualified for exemption pursuant to paragraphs 20(1)(b) and (c) of the Act. The application is still ongoing.

4. STATISTICAL REPORT - Interpretation and Explanation of Trends

PWGSC and CLC are the recipients of considerable amount of commercial, technical andfinancial thirdparty information and, as in past years, most of the requests received were for records containing third party information. While considerable third party information is of a sensitive nature, PWGSC and CLC have endeavoured to release as much information as possible, consistent with the spirit of the Act and the severability provisions of Section 25 ofthe Act.

4.1 Requests under the Access To Information Act

Of the 947 requests processed during this reporting period, 729 requests (77 percent) were new requests, while 218 requests (23 percent) were carried forward from the previous year. Table III provides therelated detail.

Of the 729 total new requests received, PWGSC received 725 new requests and CLC received 4 requests.

In addition to this large volume of requests, PWGSC was consulted by other government institutions in 169 different cases. The aforementioned 169 consultation requests are not reflected in the annual reports' statistical tables but account for an increasing portion (15percent) of the ATIP Office's total caseload. The ATIP Office also received 59 requests on an informal basis from branches within PWGSC.

Table III
Processing Trends for Access Requests

Reporting Period	Received	Completed	Carry Over
1998-1999	676	639	161
1999-2000	737	684	214
2000-2001	729	746	201

4.2 Disposition of Completed Requests

Of the 947 requests dealt with, 746 requests (79 percent ) were completed during the 2000-2001 reporting period. As a result, 201 requests (21 percent) had to be carried over to the next fiscal year.

Of the 746 cases where the department was able to complete the request, information was released either in whole or in part in 78 percent of the cases.

4.2.1 All Disclosed

In 283 of the 746 (38 percent) completed cases , the requesters were provided with total access to the relevant records.

4.2.2 Disclosed in Part

In an additional 298 of the 746 (40 percent) completed cases, PWGSC granted the requesters partial access. In most instances, the information withheld related to third party information

4.2.3 Nothing Disclosed (All Exempted; All Excluded)

In 13 of the 746 (2 percent) completed requests, there was no information released.

4.2.4 Transferred

Of the 746 requests completed, 21 concerned records not under the control of theDepartment. After initial processing, these requests were transferred to the appropriate government institution in accordance with Section 8 of the Act.

4.2.5 Unable to Process

After initial review, the department was unable to process 69 requests. Inmost instances, this was because the department did not have any records which related to the request.

4.2.6 Abandoned by Applicant

Of the completed access requests, 67 were eventually considered to be abandoned. Such an action may occur at any stage of request processing.

4.2.7 Treated Informally

In 2 of the completed cases, it was determined that the information could be released informally rather than through the formal procedures of the Act.

4.3 Exemptions Invoked

As noted in Annex A, exemptions under all sections of the Act, except Sections 14 and 24were invoked by the department in dealing with its cases.

Annex A is intended to show the types of exemptions invoked to deny access. For example, if in one request 5 different exemptions were used, one exemption under each relevant section would be reported for a total of 5 exemptions. If the same exemption isused several times for the same request, it is reported only once.

There remained several instances where PWGSC was prohibited from disclosing information. Subsection 19(1) and Paragraphs 20(1)(b) and (c) of the Act account forthegreat majority of the exemptions claimed by the department.

4.4 Exclusions Invoked

The Act does not apply to records considered to be confidences of the Queen's Privy Council pursuant to Section 69 of the Act. As in the case of exemptions, Annex A is intended to show the types of exclusions invoked to deny access. For example, if in one request five different exclusions are cited, one exclusion under each relevant section would be reported for a total of five. If the same exclusion is used several times for the same request, it is reported only once.

4.5 Completion Times

Despite the complexity of requests, the steady volume of access requests and increasing volume of consultations received, the percentage of the number of formal requests completed within the initial 30 day period compared to the last fiscal year was relatively the same.

4.6 Extension of the Time Limits

The nature and source of information requested generally required extensive consultations and negotiations with third parties and other government institutions. In311 of the requests processed (33 percent), PWGSC was obliged under the legislation to extend the time limits pursuant to paragraphs 9(1)(b) and (c) of the Act in order toconduct such consultations. This represents an increase of 76 percent in the number of extensions taken for consultation purposes undertaken since the previous fiscal year.

In addition, extensions were undertaken in 16 of the requests processed (2 percent) pursuant to paragraph 9(1)(a) of the Act. As in 1999-2000, PWGSC continued to improve its performance inclaiming legal time extensions permitted under the Act.

4.7 Translations

One requester sought the translation of information from one official language to another. This request pertained to documents concerning Consulting and Audit Canada.

4.8 Method of Access

The method by which requesters prefer to obtain access to information continues to be intheform of copies of documents.

Of all requests in which the information was released, the requesters received copies oftheinformation they were seeking in 506 cases (68 percent). In 10 cases (1 percent) access was provided bya combination of copies and in-person examination and, in 2 requests, the information was provided via e-mail. It should be noted that the data in this section reflect only those requests in which information was all disclosed or disclosed in part.

Also, not reported under this section were 41 cases (5 percent) in which the information was provided on diskette to the requester.

4.9 Fees

The Access to Information Act authorizes fees for certain activities related to the processing of formal requests under the Act. In addition to the $5 application fee, search,preparation and reproduction charges may apply to various records. Current feesare specified in the Access to Information Regulations.

No fees are imposed for reviewing records or for overhead or shipping. Moreover, in accordance with Section 11 of the Act, no fees are charged for the first 5 hours required tosearch for a record or prepare any part of it for disclosure.

There was, however, a decrease in the amount of the fees reported for reproduction purposes and in the relation to therecord searches. PWGSC waived fees for 58 percent of the requests received, representing a 2 percent increase in the value of fees waived since the last fiscal year. This increase is primarily due to the ATIP Office's implementation of government policy, in this fiscal year, to fully record all fees waived where the amount owing per request was less than $25 as well as the waiving of reproduction fees, on a case by case basis, on late responses to requests.

The fees collected during the reporting period totaled $14,873.65, while the fees waived were $7,462.67. The fees waived represent an increase of 9 percent over the previous fiscal year. Fees collected this reporting year are estimated to represent 1 percent of the total cost of theAccess to Information program.

4.10 Costs

Total salary costs associated with the Access to Information Act activities are estimated at$636,005 for 2000-2001. Operations and maintenance costs, including consulting services, amount to $373,874 for a total of $1,009,879 Theassociated full-time equivalent resources utilized are estimated at 15.44 for 2000-2001.

The number of full time employees working in the ATIP Office was increased during thefiscal year as additional program funding was accorded to the ATIP program.

To increase its level of service and compliance with the provisions of the Act, additional administrative resources were spent to engage the services of 5 professional ATIP consultants for short-term assignments.

PART III: READING ROOMS

Section 71 of the Act requires government institutions to provide facilities where the Public may inspect manuals used by employees of the department in administering or carrying outprograms or activities. Consequently, reading rooms are provided by PWGSC at headquarters and in all regional offices. In these locations, the Public can access departmental manuals, the department's entries for the Government of Canada's Info Source publication, request forms and general information on how to exercise its rights under the Act.

PART IV: REPORT ON THE PRIVACY ACT

1. Organization of the Access to Information and Privacy (ATIP) Office

The ATIP Office administers the provisions of the Privacy Act for Public Works and Government Services Canada, including two Special Operating Agencies, namely theTranslation Bureau and Consulting and Audit Canada. The ATIP Office is also responsible for the administration of the Privacy Act within the Canada Lands Company Limited (CLC). This is the last year in which the ATIP Office of PWGSC will have the delegation of authority to report on the administration of that Act within CLC. On April 1, 2001, the Delegation of Authority for CLC will be transferred from PWGSC to CLC.

1.1 Delegation Instruments

Under Section 3 of the Privacy Act, the Minister of the department is designated as the head of the government institution for the purposes of the administration of the Act.

The delegation instrument continued to be based on a centralized process with the ATIP Coordinator responsible for full delegation with the exception of Paragraph 8(2)(m) of the Privacy Act. The Director of the Cheque Redemption and Control Directorate in Matane, Quebec shares delegated authority under Paragraphs 8(2)(a), (c) and (e) of the Act in regard toreleasing original cheques to law enforcement bodies. This provides administrative flexibility in processing requests for cheques.

1.2 Responsibilities of the ATIP Office

The ATIP Coordinator reports directly to the Director General who, in turn, reports tothe Assistant Deputy Minister of Government Operational Services.

The responsibilities of the ATIP Office include the following:

adjudicating on the disposition of privacy requests;
developing policies, procedures and guidelines for the orderly implementation ofthe Act;
promoting awareness of the legislation to ensure departmental responsiveness tothe obligations imposed on the government;
monitoring and advising on departmental compliance with the Act, regulations, procedures and policies;
monitoring the collection, use and disclosure of personal information by PWGSCand ensuring that these activities are registered in the appropriate personal information bank in the Treasury Board publication Info Source;
advising managers on the collection of personal information through such means assurveys and forms;
acting as spokesperson for the department in dealings with the Treasury Board Secretariat, the Privacy Commissioner of Canada and other government departments and agencies.

The ATIP Office is represented on a departmental committee chaired by the Government Telecommunications and Informatics Services where advice on the implications of the electronic collection, use and disclosure of personal information is provided on an "as required" basis.

1.3 Summary of Activities and Highlights

The activities identified in Section 1.3 of Part 4 in the Report on the Access to Information Act (ATIP Liaison Officers' Handbook, Training and Presentations, andATIP Tracking System) are common to the implementation of both Acts.

2. Processing of Formal Requests

Applicants can generally have access to their personal information on an informal basisby contacting the manager of the program area who controls the records. In these instances, the ATIP Office provides assistance and advice on an "as required" basis.

Most of the requests received by PWGSC are for personnel-related records. These records are under the control of the Human Resources Branch. It is the practice of PWGSC to insist on the use of formal requests where the information is sensitive, and may be subject to an exemption or an exclusion pursuant to Sections 18 through 28 and 69 to 70 of the Act.

3. PWGSC Exempt Banks

PWGSC does not maintain exempt banks.

4. Complaints and Requests for Judicial Review

Table I provides a breakdown of the complaints made to the Privacy Commissioner of Canada and of requests for judicial review made to the Federal Court of Canada, over the past3 fiscal years.

Table I
Privacy Complaints and Appeals

Reporting Period	Complaints	Requests for Judicial Review
1998-1999	18	0
1999-2000	21	0
2000-2001	14	0

4.1 Complaints to the Office of the Privacy Commissioner of Canada

Of the 14 complaints lodged with the Office of the Privacy Commissioner of Canada, 9 related to privacy requests and 5 were complaints made against the department concerning the unauthorized use and disclosure of personal information.

Six of the fourteen investigations relating to the complaints received by PWGSC wereconcluded during the fiscal year. Three of the six (50 percent) were considered to be "well-founded", 2 (33 percent) were deemed "settled in the course of the investigation" and 1 (17 percent) was discontinued during the course of the investigation.

These complaints related to the time delays in processing requests (21 percent), information withheld ( 14 percent) and challenges to time extensions taken pursuant to Section 15 of the Privacy Act ( 7 percent).

4.2 Requests for Judicial Review

There were no requests made to the Federal Court of Canada seeking a judicial review ofdecisions taken.

5. STATISTICAL REPORT: Interpretation and Explanation of Trends

PWGSC is the recipient of few privacy requests. The majority of cases (53 percent) related to subjects such as competitions, security clearances and other personal information pertaining to the applicants. The remaining cases related to investigations (27 percent), pensioninformation (18 percent), grievances (4 percent) and harassment (1 percent).

5.1 Requests under the Privacy Act

There were 46 requests filed under the Privacy Act in 2000-2001. In addition, 10 government institutions consulted with PWGSC on 10 different cases. These cases accounted for 5 percent of the ATIP Office's caseload. Compared to 1999-2000, PWGSCexperienced an increase in the total number of requests received. No corrections or notations were sought by requesters pursuant to the terms of the Act.

Table II
Processing Trends for Privacy Requests

Reporting Period	Received	Processed	Carry Over
1998-1999	39	43	2
1999-2000	33	30	5
2000-2001	46	51	3

5.2 Disclosure Under Paragraph 8(2)(e) of the Act.

There were 9 requests made by Investigative Bodies, as specified in the Privacy Regulations, which were processed during 2000-2001.

5.3 Disposition of Completed Requests

Of the 51 requests dealt with, 48 (94 percent) were completed during the 2000-2001 reporting period. The remaining 3 requests (6 percent) were not completed as of March 31, 2001.

Taking into account only those cases where the department was able to process the request, information was released either in whole or in part in 69 percent of the cases. Users had complete records in 31 percent of actionable cases.

The completed requests are categorized as follows:

5.3.1 All Disclosed

In 15 of the completed cases (31 percent), the requesters were provided with total access to the relevant records.

5.3.2 Disclosed in Part

In another 18 instances (37 percent), the requesters were granted partial access.

5.3.3 Nothing Disclosed (All Exempted or All Excluded)

There were no requests where all the information was withheld (exempted).

5.3.4 Transferred

Of the requests completed, 1 concerned records not under the control of the department. After initial processing, the request were transferred to the appropriate government institution.

5.3.5 Unable to Process

After initial review, the department was unable to process requests in 14 cases (29 percent). Inmost instances, this was because the department did not have any records which related to the request.

5.3.6 Abandoned by the Applicant

Of the completed requests, none were considered to be abandoned. Suchanaction may occur at any stage of the request processing.

5.4 Exemptions Invoked

As noted in Annex B, exemptions under paragraph 22(1)(b), Sections 26and 27 of theAct were invoked. The majority of the exemptions invoked were under Section 26 (Information about another individual) of the Act.

Annex B is intended to show the types of exemptions invoked to deny access. For example, if in one request five different exemptions were used, one exemption under eachrelevant section would be reported for a total of five exemptions. If the same exemption is used several times for the same request, it is reported only once.

5.5 Exclusions Invoked

The Act does not apply to records considered to be confidences of the Queen's Privy Council pursuant to Section 70 of the Act. As in the case of exemptions, Annex B is intended to show the types of exclusions invoked to deny access. For example, if in one request 5 different exclusions are cited, one exclusion under each relevant section would be reported for a total of 5. If the same exclusion is used several times for the same request, it is reported only once.

No exclusion was cited in dealing with Privacy requests.

5.6 Completion Time

Twenty-four cases were completed within the first 30 days. Ten were completed within 31 to 60 days.

5.7 Extensions

Time extensions taken on 6 cases were required. In 3 cases, there was the need to consult with other government departments. In 3 of the cases, a 30 day time extension was required as processing the requests would have interfered with government operations.

5.8 Translations

One requester sought the translation of information from one official language to another on two separate requests.

5.9 Method of Access

Copies of the records were given in response to 32 requests. It should be noted that this category reflects only those requests where the information was all disclosed or disclosed in part.

5.10 Corrections and Notations

No requests for corrections or notations were received.

5.11 Costs

The number of full time ATIP Office staff devoted to processing Privacy requests remained constant during this fiscal year. Given the complexity of issues associated with departmental initiatives having a privacy concern or impact, additional administrative resources were spentto engage the services of professional ATIP consultants for short-term assignments. This allowed the ATIP Office to maintain its level of service and ensure compliance of departmental policies in accordance with the provisions of the Privacy Act.

Total salary costs associated with the administration of the Privacy Act are estimated at $40,596 for 2000-2001. Operational and maintenance costs, including consulting services, were estimated at $23,864 for a total cost of $64,460. The associated full-time equivalent resources utilized are estimated at 0.98 for 2000-2001.

6. Collection, Use and Disclosure of Personal Information

The department's ATIP Liaison Handbook outlines the intent and requirements of the PrivacyAct and Treasury Board guidelines regarding the collection, use, disclosure, retention and disposal of personal information so that all staff are aware of their responsibilities for theproper management of information holdings. In particular, staff are informed of their responsibilities to record and account for all uses and disclosures ofpersonal information, bydocumenting all activities relating to personal information and by maintaining the relevant material on official departmental files. Responsibility centres are also advised to consult with the ATIP Office before collecting any personal information, as well as when there is any doubt concerning which rules to apply in the retention and disposal of personal information.

Further, the ATIP Office must be notified where personal information in a personal information bank is used or disclosed for a use consistent with the purpose for which theinformation was obtained or compiled by the department, but where such use is not included in the statement of consistent uses published in Info Source.

REPORT ON THE ACCESS TO INFORMATION ACT (PDF Version 87k b)
REPORT ON THE PRIVACY ACT (PDF Version 85k b)

Annual Report 2000/2001

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