Access to Information and Privacy - Annual Report 2003/2004

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. The law 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) for the fiscal year 2003-2004.

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, and the Translation Bureau (Secretary of State of Canada).

PWGSC is the major provider of central and common services to the Government of Canada. In November 2003, PWGSC initiated a departmental realignment in conjunction with Treasury Board's Expenditure and Management Review. The new structure implemented provides an integrated client service model to help deliver timely and value added services for the government and Canadians as a whole.

The delivery of common services continues to allow for a principal point of entry for departments to access real property, procurement and IT services, as well as allowing for the management of the day-to-day operational relationship with PWGSC's clients. The Service Integration Branch also acts as the point of contact for the five regional offices (Atlantic, Quebec, Ontario, Western, and Pacific).

Developing real property policy, managing the government procurement program, and supporting the common technical infrastructure are executed through three (3) program branches:

Banking and Cash Management, Central Accounting and Compensation, the Cheque Redemption function and Superannuation Services continue to be delivered through the Finance, Accounting, Banking and Compensation Branch.

Internal services which support PWGSC's corporate level are carried out by the Corporate Services, Human Resources, and Communications Branch

PART II: REPORT ON THE ACCESS TO INFORMATION ACT

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

The ATIP Directorate 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.

Since 2002, the ATIP Directorate has operated under the leadership of five separate teams in order to better manage the types of requests received within the Department. One team solely processes requests associated with sponsorship, advertising and public opinion research issues, while two other teams process all other ATI requests, complaints, and court cases received by the Department. One team is committed to dealing with privacy, policy and Government-On-Line issues, and finally, one team is involved with the administrative functions, training, and special projects conducted by the ATIP Directorate.

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 Director, ATIP, responsible for full delegation of the Access to Information Act.

1.2 Responsibilities of the ATIP Office

The Director, ATIP, reports to the Director General of Executive Secretariat, who, in turn, reports tothe Assistant Deputy Minister of the Corporate Services, Human Resources, and Communications Branch.

The responsibilities of the ATIP Directorate include the following:

managing all activities within PWGSC relating to the operation of the Act, as well as the regulations, directives and guidelines pursuant to them;
developing, producing and promulgating departmental ATI policies, procedures, standards and guidelines;
developing and delivering awareness training to PWGSC managers and employees to ensure departmental responsiveness to the legal obligations imposed on them by the Act and Regulations;
reviewing departmental policies, procedures and agreements to ensure that they are in compliance with the provisions of the Act and making recommendations for amendments;
defending institutional decisions on the administration of the Act during investigations conducted by the Information Commissioner and during judicial proceedings at the Federal Court of Canada and the Supreme Court of Canada;
coordinating and approving the annual update of the PWGSC's descriptions of its organization and its record holdings for inclusion in the Treasury Board publication Info Source;
reporting annually to Parliament in accordance with section 72 of the Act and any instructions issued pursuant to paragraph 70(1)(d) of the Act;
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 Directorate is also facilitated at the branch, sector, and regional office levels. Each organizational sector has an ATIP Liaison Officer (normally reporting to an Assistant Deputy Minister, a Director General, or a Regional Director General) 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 Departmental Policy on ATIP

Departmental Policy #2 sets out the ATI delegation of authority order, definitions, and the roles and responsibilities of all stakeholders within PWGSC. The policy was under revision during this fiscal year.

1.3.2 ATIP Liaison Officers' Handbook

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

introduce the ATIP Liaison Officers across the Department to the Access to Information Act 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.

The handbook was revised and distributed during this fiscal year.

1.3.3 ATIP Directorate Desk Procedures

To standardize the work procedures used by office staff, facilitate the training of new staff and complement the processes of the electronic ATIP tracking system (ATIPflow), the ATIP Directorate developed and regularly updates its ATIP Officer desk procedures manual.

1.3.4 Information Sessions

Given the complex character of the Access to Information 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 Directorate provides guidance as well as information sessions, on an "as required" basis, to the Department including:

The ATIP Directorate has also contributed as presenters to the Management Orientation Course (MOC). In all, 7 presentations were made to 147 departmental managers informing them of their roles and responsibilities under the Access to Information and Privacy legislation and policies.

New senior management and ministerial exempt staff were briefed on their roles and responsibilities under the Act. Additional briefings were conducted on an as required basis.

Throughout the fiscal year, briefings were also given to all new ATIP Liaison Officers at the commencement of their duties. As new ATIP Liaison Officers were added to the departmental ATIP network following the Department's reorganization in November, an additional 15 briefings were given to 19 new Liaison Officers.

The posting of contracting statistics and other contracting information on the Internet has provided the public with direct access to information relative to contra,cts 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.

The ATIP Credit/Debit Card System, upgraded during the 2000-2001 fiscal year, continues to offer 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.

Following from last fiscal year's report card, PWGSC has continued to review procedures and processes to improve the timely delivery of information to the Public, both on a formal and informal basis. The ATIP Directorate developed an ATI Improvement Plan based on the 13 recommendations made by the Information Commissioner of Canada.

This Improvement Plan set the course for the past fiscal year's activities and included:

All formal access requests are forwarded to the ATIP Directorate where they are reviewed for clarity and processed 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 disclosure of the information. Before a final decision is reached, they are evaluated by the ATIP Directorate and any necessary consultations with other organizations are undertaken. 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 Directorate notifies the requester and arranges to provide access to all of the records that can be disclosed.

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.

In 2003-2004, the business community continued to be the largest user of the Act, accounting for 45 per cent of the total requests received by PWGSC. Requests from the public accounted for 27 per cent of the requests received. Requests from organizations and the media totaled 27 per cent; while requests originating from the academic community comprised the remaining 1 per cent of requests received.

PWGSC is the recipient of a considerable amount of commercial, technical and financial third party information and, as in past years, the majority of the requests received were for records containing third party information. While most third party information is of a sensitive nature, PWGSC has endeavoured to release as much information as possible, consistent with the spirit of the Act and the severability provisions of section 25 of the Act.

The 1,038 requests processed during this reporting period represented a decrease of 8 per cent in the volume of requests processed over the previous fiscal year. Of them, 831 requests (80 per cent) were new requests, while 207 requests (20 per cent) were carried forward from the previous year. Table II provides the related detail.

The majority of requests received by the ATIP Directorate continue to be related to the contracting services provided by PWGSC in the domain of supply related records (i.e. business volumes, contracts for goods and services). Prior to the Departmental reorganization, the Operations Branch of PWGSC was the chief recipient of these type of requests. However following the November 2003 realignment, the Acquisitions Branch has become the chief recipient of requests received.

A significant volume of requests were received pertaining to the Maritime Helicopter Project, the Canadian Search and Rescue Helicopter Project, the Royal Lepage relocation issue, the Sponsorship Program, and records relative to real property (i.e. leasing, construction, fit-ups, restorations and maintenance contracts).

Table III outlines the contributions made by each Branch and Region of PWGSC, prior to the departmental reorganization, with regard to the frequency with which the branch or sector was charged with reviewing and retrieving information relevant to ATI requests.

Table III: ATI Records Retrieved from PWGSC Offices of Primary Interest
April 1, 2003 - November 9, 2003

Table IV outlines the contributions made by each Branch following the November 2003 departmental realignment, with regard to the frequency with which it was charged with reviewing and retrieving information relevant to ATI requests. Since the realignment, the Acquisitions Branch of PWGSC became the chief recipient of these type of requests.

Table IV: ATI Records Retrieved from PWGSC Offices of Primary Interest
November 10, 2003 - March 31, 2004

PWGSC Branch/Region	# of Times Tasked	%	# Pages Reviewed	# Pages Released
Acquisitions Branch	210	40.15	52,207	6,081
Service Integration Branch	138	26.39	22,582	2,987
Corporate Services, Human Resources, and Communications Branch	65	12.43	8,702	2,058
Real Property Branch	31	5.93	3,580	1,060
Finance, Accounting, Banking and Compensation Branch	25	4.78	4,990	1,534
Audit and Ethics Branch	22	4.21	10,630	230
Information Technology Services Branch	15	2.86	1,850	137
Consulting and Audit Canada	11	2.1	2,299	90
Translation Bureau	6	1.15	194	135
Totals	523	100	107,034	14,312

3.2.1. Interdepartmental Consultations

In addition to the large volume of requests received by PWGSC, the Department was consulted by other government institutions in 241 different cases. The aforementioned 241 consultation requests are not reflected in the annual report's statistical tables but account for an increasing portion (22 per cent) of the ATIP Directorate's total caseload. Table V outlines the five Departments that consulted PWGSC most frequently in 2003-2004.

Table V - Interdepartmental Consultations
Received by PWGSC in 2003-2004

Originating Department	# Received	Average # of Pages Reviewed per Consultation	% of Consultations Received
National Defence	72	85	29.8
Treasury Board Secretariat	24	112	9.9
Transport Canada	14	60	5.8
Indian and Northern Affairs	12	40	4.9
Solicitor General of Canada	10	87	4.1

3.2.2 Informal Review of Records

Also not reflected in the annual reports' statistical tables are the thirty-nine (39) requests received from the various branches of the Department for the review of information on an informal basis. In general, these informal reviews relate to, primarily, internal audit reports. In total 2,580 pages were reviewed.

3.2.3 Document Collection

In addition, 17 requests were made from the various branches of government for the collection of records in accordance with Parliamentary motions or external requirements for litigation purposes. In total 3,753 pages were reviewed for these exercises.

3.3 Disposition of Completed Requests

Although 776 requests were completed during the 2003-2004 reporting period, an additional 262 requests were carried over to the next fiscal year.

Of the 776 cases where the Department completed the request, information was released either in whole or in part in 519 requests (67 per cent).

3.3.1 All Disclosed

In 151 of the 776 completed cases (20 per cent) , the requesters were provided with total access to the relevant records. This figure is up slightly from last fiscal year (19 per cent).

3.3.2 Disclosed in Part

In an additional 368 of the 776 completed cases (47 per cent), PWGSC granted the requesters partial access. In most instances, the information withheld related to third party information.

3.3.3 Nothing Disclosed (All Exempted; All Excluded)

In 37 of the 776 completed requests (5 per cent), there was no information released.

3.3.4 Transferred

Of the 776 requests completed, 34 (4 per cent) concerned records not under the control of the Department. After initial processing, these requests were transferred to the appropriate government institution in accordance with Section 8 of the Act.

3.3.5 Unable to Process

After initial review, the Department was unable to process 94 requests. Inmost instances, this was because the Department did not have any records which related to the request.

3.3.6 Abandoned by Applicant

Of the completed access requests, 92 were eventually considered to be abandoned. Such an action may occur at any stage of request processing.

3.3.7 Treated Informally

There were no cases where it was determined that the information could be released informally rather than through the formal procedures of the Act.

3.4 Exemptions Invoked

With the exception of section 26, as noted in Annex A, the Department invoked exemptions under all sections of the Act.

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 continue to account forthegreat majority of the exemptions claimed by the Department.

3.5 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.

In the 2003-2004 fiscal period, exclusions were applied pursuant to sections 68 and 69 of the Act on 61 (8 per cent) of the total number of requests completed.

3.6 Completion Times

Despite the complexity of requests, the steady volume of access requests and increasing volume of consultations received, 347 out of 776 formal requests (45 per cent) were completed within the initial 30-day period. This represents a slight increase of 3 per cent when compared with the 2002-2003 fiscal year when 389 out of 924 formal requests (42 per cent) were completed within the initial 30-day period.

3.7 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. In 465 of the requests processed (45 per cent), 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.

In addition, extensions were undertaken in 23 of the requests processed (2 per cent) pursuant to paragraph 9(1)(a) of the Act. As in the 2002-2003 fiscal year, PWGSC continued to improve its performance inclaiming legal time extensions permitted under the Act.

3.8 Translations

There were no requests for the translation of information from one official language to another.

3.9 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 information was released, the requesters received copies oftheinformation they were seeking in 487 cases (95 per cent). In 25 cases (5 per cent) access was provided bya combination of copies and in-person examination and, in 1 case access was provided solely through in-person examination. It should be noted that the data in this section reflect only those requests in which information was disclosed either in part or in its entirety.

Although not reported in Annex A, in 13 cases (2 per cent), information was provided to the applicant in alternate format (either on diskette, CD, or via e-mail).

3.10 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 fees are specified in the Access to Information Regulations. A written fee policy, specific to PWGSC, has been drafted and is in effect for the ATIP Directorate.

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 five hours required tosearch for a record or prepare any part of it for disclosure.

There was, a continued decrease in the amount of the fees collected for reproduction purposes and in the relation to the record searches. PWGSC waived fees for 59 per cent of the requests received, representing a 2 per cent increase in the amount of fees waived since the last fiscal year.

3.11 Costs

Total salary costs associated with the program were estimated at $1,066,591 (82 per cent of the ATIP Directorate budget) for fiscal year 2003-2004.

Total operations and maintenance costs, including consulting services, amounted to $235,466.

The associated full-time equivalent (FTE) resources utilized were estimated at 19.97 for fiscal year 2003-2004.

The three-year competitive contract awarded to ARTAN Enterprises Ltd., allowed the ATIP Directorate to have flexibility in managing sudden increases of requests, to maintain its level of service and the Department's compliance with the provisions of the Act.

4. Complaints and Requests for Judicial Review

Table VI provides the breakdown of complaints made to the Information Commissioner of Canada and of requests for judicial review made to the Federal Court of Canada, overthe past 3 year period.

Table VI
Access Complaints and Requests for Judicial Review

Reporting Period	Complaints Received	Requests for Judicial Review
2001-2002	61	5
2002-2003	67	7
2003-2004	86	2

4.1 Complaints to the Office of the Information Commissioner of Canada

The number of complaints filed with the Office of the Information Commissioner of Canada increased from the previous fiscal year.

A total of thirty-six (36) out of the eighty-six (86) complaints received (42 per cent), related to information withheld. Twenty-seven (31 per cent) related to time extensions taken on requests.

Of the remaining requests, thirteen (15 per cent) complaints concerned missing information; eight (9 per cent) related to delays in responding to requests; and two (2 per cent) concerned the assessment of fees.

Of the eighty-six (86) complaints received, thirty-four (34) were resolved to the satisfaction of the requester, nine were not well founded / unsubstantiated, two complaints were discontinued, and forty-one (41) investigations were still ongoing at the end of the fiscal year.

4.2 Requests for Judicial Review

Two (2) Access to Information requests resulted in applications for judicial review being registered with the Federal Court of Canada in fiscal year 2003-2004. Each application pertained to a review based on section 44 of the Act.

There were four (4) requests for judicial review, initiated in previous fiscal years, which were still outstanding at the end of the 2003-2004 fiscal year.

There were nine (9) litigation cases completed during the 2003-2004 fiscal year.

4.2.1 Judicial Reviews Initiated in fiscal year 2003-2004

One request for judicial review (Federal Court File Number T-1370-03) was filed by the firm Osler Hoskin & Harcourt on behalf of Northern Community Healthcare. Northern Community Healthcare objected to PWGSC's decision to disclose information pertaining to the names and their vendor codes as well as their prices, claiming that the information qualified for exemption pursuant to paragraphs 19(1), 20(1)(b) and 20(1)(c) of the Act. Following further discussion on the issue, it was decided that PWGSC would protect personal information and pricing information pursuant to paragraphs 19(1), 20(1)(b) and 20(1)(c) of the Act. On October 7, 2003, Osler Hoskin & Harcourt filed a Notice of Discontinuance.

One request for judicial review (Federal Court File Number T-1375-03) was filed by Sécuro Vision Inc. Sécuro Vision Inc objected to the release of its unit prices in relation to contract #W3304-02D001/A for the provision of eyeglass lenses and frames. On August 1, 2003, Sécuro Vision Inc. filed a Notice of Discontinuance.

4.2.2 Judicial Reviews Outstanding from Previous Fiscal Years

One 2002-2003 fiscal year request for judicial review (Federal Court File Number T-1265-02) was filed by the Canada Post Corporation. Canada Post Corporation objected to PWGSC's decision to disclose Government On-line information, claiming that the information qualified for exemption pursuant to paragraphs 20(1)(a), (b), (c) and (d) of the Act. The court ruled in favour of disclosing the record. The Canada Post Corporation has appealed the decision.

One 2002-2003 fiscal year request for judicial review (Federal Court File Number T-808-02) was filed by Aventis Pasteur Limited. Aventis Pasteur Limited objected to PWGSC's decision to release information pertaining to its contract for vaccines, claiming that the information should be exempted pursuant to paragraphs 20(1)(b) and 20(1)(c) of the Act. Affidavits have been exchanged and a hearing date has been scheduled for the 2004-2005 fiscal year.

One 2001-2002 fiscal year request for judicial review (Federal Court File Number T-1347-01) was filed by Aventis Pasteur Limited. Aventis Pasteur Limited objected to PWGSC's decision to disclose the unit price concerning its vaccine contract with the Department of National Defence. It claimed that the information qualified for exemption pursuant to paragraphs 20(1)(b) and (c) of the Act. Affidavits have been exchanged and a hearing date has been scheduled for the 2004-2005 fiscal year.

One 2001-2002 fiscal year request for judicial review (Federal Court File Number T-1409-01 and A-225-03) was filed by the High-Rise Group Incorporated. The High-Rise Group Incorporated objected to PWGSC's decision to disclose a portion of its bid proposal for a new federal office building in the Hamilton, Ontario area. It claimed that the information qualified for exemption pursuant to paragraphs 20(1)(b) and (c) of the Act. The trial division accepted the High-Rise Group Incorporated's argument and concluded that the net present value should remain exempt pursuant to paragraph 20(1)(b). The appeal, filed by PWGSC, was heard on February 19, 2004. The Court of Appeal ruled in favour of PWGSC's position and concluded that net present values can be disclosed. The High-Rise Group Incorporated has 60 days from the date of decision to launch an appeal to the Supreme Court of Canada.

One 2000-2001 fiscal year 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 information concerning its contract, claiming that the information qualified for exemption pursuant to paragraphs 20(1)(b) and (c) of the Act. The trial division ruled in favour of disclosing the records. Brookfield Lepage Johnson Controls has appealed the decision.

4.2.3 Judicial Reviews Completed In This Fiscal Year

Two 1999-2000 fiscal year requests for judicial review (Federal Court File Number T-1265-00) were filed by John Chandioux Expert Consultants. John Chandioux Expert Consultants objected to PWGSC's decision to release information pertaining to its contracts for translation services, claiming that the information should be exempted pursuant to paragraphs 20(1)(b) and 20(1)(c) of the Act. Affidavits were exchanged and a hearing date was scheduled for May 28, 2003. On May 27, 2003, John Chandioux Expert Consultants filed a Notice of Discontinuance.

One 2002-2003 fiscal year request for judicial review (Federal Court File Number T-880-02) was filed by Professional Diving Contractors Limited. Professional Diving Contractors Limited objected to PWGSC's decision to release information contained in its successful bid for diving services, claiming that the information should be exempted pursuant to paragraphs 20(1)(b) and 20(1)(c) of the Act. Affidavits were exchanged and a hearing date was scheduled for June 2004. On June 23, 2003, Professional Diving Contractors Limited filed a Notice of Discontinuance.

One 2002-2003 fiscal year request for judicial review (Federal Court File Number T-131-03) was filed by ADGA Group Consultants Incorporated. ADGA Group Consultants Incorporated objected to PWGSC's decision to disclose information contained in their proposal for omnibus management consulting professional services solicitation. Its claimed that the information should be exempted pursuant to paragraphs 20(1)(a), 20(1)(b), 20(1)(c) and 20(1)(d) of the Act. Affidavits were exchanged. In July 2003, ADGA Group Consultants Incorporated filed a Notice of Discontinuance.

One 2002-2003 fiscal year request for judicial review (Federal Court File Number T-09-03) was filed by the Telus Corporation. Telus Corporation objected to PWGSC's decision to disclose information pertaining to its bid for the Managed Network Services procurement. It claimed that the information should be exempted pursuant to paragraphs 20(1)(b) and 20(1)(c) of the Act. Affidavits were exchanged. On September 11, 2003, the Telus Corporation filed a Notice of Discontinuance.

One 2002-2003 fiscal year request for judicial review (Federal Court File Number T-262-03) was filed by ADGA Group Consultants Limited. ADGA Group Consultants Limited objected to PWGSC's decision to disclose its bid proposal for a computer software contract, claiming that the information should be exempted pursuant to paragraphs 20(1)(b) and 20(1)(c) of the Act. Affidavits were exchanged. On May 14, 2003, ADGA Group Consultants Limited filed a Notice of Discontinuance.

One 2002-2003 fiscal year request for judicial review (Federal Court File Number T-462-03) was filed by Merck-Frosst Canada Limited. Merck-Frosst Canada Limited objected to PWGSC's decision to disclose information contained in its contract to supply vaccines, claiming that the information should be exempted pursuant to paragraphs 20(1)(b) and 20(1)(c) of the Act. Affidavits were exchanged. On September 23, 2003, Merck-Frost Canada Limited filed a Notice of Discontinuance.

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 Government of Canada's Info Source publication, request forms and general information on how to exercise its rights under the Act.

The ATIP Directorate is reviewing the Department's manuals with a view to providing the public with electronic access to them in the future.

PART IV: REPORT ON THE PRIVACY ACT

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

The ATIP Directorate administers the provisions of the Privacy Act for Public Works andGovernment Services Canada, including two Special Operating Agencies, namely theTranslation Bureau and Consulting and Audit Canada.

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 Director 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 administrative powers under paragraphs 8(2)(e) of the Act inregard toreleasing original cheques to law enforcement bodies. This provides administrative flexibility in processing requests for cheques.

1.2 Departmental Policies

Departmental Policy 002 sets out the Access to Information and Privacy delegation of authority order, definitions and the roles and responsibilities of all stakeholders within PWGSC. An annex to the policy is being developed to outline the administrative attribution of powers and the Departmental guidelines and procedures with respect to thedisclosure ofcertain personal information pursuant to subsection 8(2) of the Privacy Act. Paragraphs (8)(2)(j) and (m) of the Act continue to be delegated by the Minister pursuant to section 73 ofthe Act.

Departmental Policy 014 sets out the definitions and the roles and responsibility of employees with respect to the protection of personal and private information in the workplace.

1.3 Responsibilities of the ATIP Directorate

The Director, ATIP, reports to the Director General of Executive Secretariat who, in turn, reports to the Assistant Deputy Minister of Corporate Services, Human Resources, and Communications Branch.

The responsibilities of the ATIP Directorate include the following adjudicating on the disposition of privacy requests;

During the last fiscal year, 13 privacy information sessions were delivered to 226 employees of the Department.

As a result of Golden West Shredding Inc. incident, and following requests from thePrivacy Commissioner, the ATIP Directorate developed privacy modules for the "Security In Contracting" course given to the government procurement community, and for the "Company Security Officers Orientation" course intended for the contractors. A privacy module has also been drafted for the "RiskManagement" course that is being developed by the Acquisition Branch.

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

The following PIB was registered and included in the 2003-2004 update of Info Source.

Internal Disclosure of Information Concerning Wrongdoing in the Workplace (PWGSCPSE 923) - This bank identifies the types of information necessary for resolving complaints made under the Policy on the Internal Disclosure of Information Concerning Wrongdoing in the Workplace.

Departmental Policy 061 - Forms Management requires that all new and revised forms that involve personal information must be reviewed by the ATIP Directorate, to ensure compliance with legislative and policy requirements. During 2003-2004, 88 requests were submitted for a compliance review and the development of the required privacy notice.

The Department disclosed personal information to investigative bodies. There were 22 such requests made, as submitted as specified in the Privacy Regulations, which were processed during 2003-2004.

The Treasury Board of Canada approved the Privacy Impact Assessment (PIA) Policy, with an effective date of May 2, 2002. The goal of the policy is to allow government institutions to identify whether a program or a service delivery initiative, involving the collection, use or disclosure of personal information as defined in the Privacy Act, complies with the current privacy principles and to avoid or mitigate any identifiable risks to privacy.

The ATIP Directorate has developed a departmental PIA framework and a draft departmental policy that clearly outline the process as well as the roles and responsibilities of stakeholders with respect to PIAs. Project managers have followed the framework and the draft policy when conducting their PIAs.

The ATIP Directorate provides advice and guidance to PWGSC managers throughout the PIA process, including the review of draft/final PIA versions and provision of timely feedback, in addition to liaising with the Office of the Privacy Commissioner.

As PIAs are required when a program or service is contracted out to the private sector, the ATIP Directorate is exploring how the PIA policy requirements could be integrated into the contracting process. Currently, when PWGSC Legal Services review contractual terms and conditions, they inform the contracting officers to contact the ATIP Directorate to advise on the need for a PIA. The ATIP Directorate informs the contracting officers to check with their client departments and provides the name and telephone number of the client department ATIP Coordinator. Whether or not a PIA is warranted, the PWGSC ATIP Directorate also advises if the Department may proceed with the procurement process depending on the nature of the services and advises on the requirement to include appropriate security and privacy clauses in the documents.

A partnership has been established with the IT Security Directorate and the Government On-Line Program Office to assess PIAs within an integrated risk management framework and to provide managers with a "one stop shop" for the identification of their PIA, Statement of Sensitivities (SOS) and Threat and Risks Assessment (TRA) requirements.

The ATIP Directorate also updated the status of PIA activities in the PIA Module for the GOL Tool Box, which was developed in collaboration with the GOL Program Office. The GOL Tool Box allows read-only access to departmental managers when tracking their projects.

As the authority to approve PIA's rests with the Deputy Minister, a status report on the progress of individual PIAs is provided to the Deputy Minister's Office on a monthly basis. PIA issues are discussed, as required, at the regular weekly ATIP meetings.

In collaboration with the Information Technology Services Branch, the ATIP Directorate has developed an Internet web site that will be made available to the public in the near future. Its use, which is intended to facilitate the public's understanding of the Acts and associated departmental procedures, will include the publication of summaries of results of all PIA reports conducted by PWGSC.

In fiscal year 2003-2004, the ATIP Directorate was involved in several departmental initiatives that required the development of PIAs.

Common Government of Canada Public Key Infrastructure (Common GoC PKI) - This project proposes to have all government employees access the information necessary to perform their duties via the Internet, including access totheir own personal information. Preserving the confidentiality of transactions therefore will require the use of services provided by a PKI, including the issuance of digital certificates. The Secure Applications and Key Management Services (SAKMS) has contracted the services of Cinnabar Networks Inc. to conduct the PIA for this initiative.

The final PIA was approved by the Deputy Minister and sent to the Privacy Commissioner in September 2003. The response received from the Privacy Commissioner indicated that all privacy concerns had been addressed. The project was implemented on April 1, 2004. The summary of the results of this PIA will bepublished on the ATIP Directorate web site.

Compensation Web Applications (CWA) - This Compensation Sector project will permit employees to access their pension benefits and pay information over the Web. This project includes the following applications: Statement of Pension and Group Benefits Plan; Pension Calculator; Buy Back Estimator; and Pay Stub on the Web.

APIA was conducted for the CWA that involves a phased roll-out toalldepartments starting in April 2004. The final PIA was approved by the Deputy Minister and sent to the Privacy Commissioner in March 2004.

Receiver General Buy Button (RGBB) - This endeavour provides abridge, in the form of an Internet page, between government departments and a third party service provider, to allow credit card payment authorizations.

The PIA was approved by the Deputy Minister in February 2003. Although a formal response had not been received from the Privacy Commissioner on this project, the pilot storefront was put into production on May 20, 2003.

Billing Payment Services - This service will accept, capture and storeremittances received from individuals for services provided by federal departments and agencies. It includes the provision of lock boxes and imaging services to various departments and credit card authorization.

Pension Data Correction - This Compensation Sector project will involve the manual review and subsequent correction of pension data errors that have been identified in the legacy pension system. This will be accomplished through a service contract.

A Preliminary PIA (PPIA) was conducted by the ATIP Directorate which outlined the contractual arrangements imposed on the third party to ensure that the personal information is properly protected throughout the verification process. The results of the PPIA determined that a full PIA was not required for this project.

Foreign Banking Services - This is another Receiver General service that routes remittances for items such as Income Tax Refunds, Canada Pension Plan (CPP) and Old Age Security (OAS) payments to recipients living outside Canada. PWGSC contracted with the Bank of America in Canada to provide this service starting on January 12, 2004.

The final PIA was approved by the Deputy Minister and sent to the Privacy Commissioner in October 2003.

Integrated Information System (IIS) - This new on-line ordering system, implemented by the Translation Bureau on April 26, 2004, integrates the former web-base Order Entry Service with the Activity Management System. The IIS is designed to track the hours spent on each project for billing purposes and also for determining each Translator's eligibility for an incentive bonus.

A draft PIA was provided to the Office of the Privacy Commissioner (OPC) for their review on March 31, 2004. The PIA is being updated to reflect the informal comments received from the OPC.

Knowledge Network Mapping - The Information Technology Services Branch (ITSB) must undertake succession planning for its CS community. To do this effectively, they need to identify the vulnerabilities regarding information flows and to be cognizant of informal task networks. Task Network Mapping tools can provide relevant insights on these issues.

Shared Travel Services Initiative (STSI) Program - The Government of Canada is modernizing its corporate travel policy, services, processes and systems. To that end, it has awarded a contract to Team AcXess for the provision of an end-to-end travel solution where complementary and interoperable services would permit federal government employees and arrangers to easily access and obtain travel and travel-related services.

Secure Channel (SC), Common Registration Service (CRS) Core - A PIA has begun on this Government On-Line project due to an anticipated expansion of the use of epasses (a certificate or pass that allows the general public to securely obtain services through a government program web site) that require the SC's authentication mechanisms to access "shared secrets" from the specific department whose application is being used. Additional functionality has also been introduced into the business authentication model.

Applicants can generally have access to their personal information on an informal basis by contacting the manager of the program area who controls the records. In these instances, the ATIP Directorate provides assistance and advice on an "as required" basis. Although not reflected in the statistical tables, 31 requests were submitted by management during the fiscal year for the informal review of documents prior to their proactive disclosure to the individuals concerned. A total of 2,750 pages was reviewed and 1,126 pages were recommended for release on an informal basis.

It is the practice of PWGSC to process requests formally 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.

There were 75 requests filed under the Privacy Act in 2003-2004. The majority of cases related to subjects such as pension (28 per cent), competition (20 per cent) and other personal information pertaining to the applicants (33 per cent). The remaining cases related to grievances (8 per cent), investigations (7 per cent) and security clearances (4 per cent).

In addition, 3 government institutions consulted with PWGSC on 3 different cases. Thes ecases accounted for 7 per cent of the ATIP Directorate's caseload.

Compared to 2002-2003, PWGSC experienced a modest (11 per cent) decrease in the total number of privacy requests received. No corrections or notations were sought by requesters pursuant to the terms of the Act.

Of the 95 requests processed, 83 (87 per cent) were completed during the 2003-2004 reporting period. The remaining 12 requests (13 per cent) were not completed as of March 31, 2004.

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 94 per cent of the cases.

In 38 of the completed cases (46 per cent), the requesters were provided with total access to the relevant records.

There were 4 requests (5 per cent) where all the information was withheld (exempted).

Of the requests received, none concerned records under the control of another department.

After initial review, the Department was unable to process requests in 8 cases (9 per cent). Inmost instances, this was because the Department did not have any records that were relevant to the request.

Of the completed requests, 5 were considered to be abandoned (6 per cent). Such an action may occur at any stage of the request processing.

As noted in Annex B, exemptions were invoked under paragraphs 22(1)(a) and (b), sections 26and 27 of the Act. The majority of the exemptions invoked was 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 each relevant 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.

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.

Seventy-six cases (92 per cent) were completed within the first 30 days. Four (5 per cent) were completed within 31 to 60 days from the date of receipt by the Department. The remaining 3 cases (3 per cent) were completed beyond 60 days.

Time extensions were required and taken on 2 cases. In each case, there was the need to consult with other government departments.

There were no requests for the translation of information from one official language to another.

Copies of the records were given in response to 66 requests (80 per cent). It should be noted that this category reflects only those requests where the information was all disclosed or disclosed in part.

The amount of time devoted by ATIP Directorate staff to privacy issues, including the provision of advice, is similar to the last fiscal year.

Total salary costs associated with Privacy issues were estimated at $281,315 and operational and maintenance costs were estimated at $698 for a total cost of $282,013. The associated full-time equivalent resources utilization was estimated at 5.00 for 2003-2004.

Table II 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 past 3 fiscal years.

The ATIP Directorate saw a 59 per cent decrease in the number of complaints made tothe Privacy Commissioner of Canada in the 2003-2004 fiscal year.

Of the 7 complaints lodged with the Office of the Privacy Commissioner during the fiscal year, 4 complains related to privacy requests. Of those, 2 complaints (50 per cent) were for missing records, 1 (25 percent) concerned a delay in processing the request, and 1 (25 per cent) related to exemptions. It is noteworthy that there were no challenges to the time extensions that had been taken pursuant to section15 ofthe Privacy Act.

Following the Department's response to an access to information request, the applicant filed a complaint against the Department for the improper disclosure of personal information. Two individuals also filed 2 complaints against the Department for improper use and disclosure of their personal information.

Fourteen investigations relating to the complaints received by PWGSC in this and prior fiscal years were concluded during the fiscal year. Of those, 7 complaints (50 per cent) for delay, missing records, exemptions, and improper disclosure were "not well-founded", 4 (29 per cent) concerning delay were "well-founded", 2 (14 per cent) relating to exemptions and improper disclosure were "discontinued" and 1(7 per cent) about improper use and disclosure wasconsidered to have been "settled in the course of the investigation".

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

Annual Report 2003/2004

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