Sources of Federal Government Information 2005-2006

Introduction

A. Foreword

Info Source: Sources of Federal Government Information will make it easier for you to find out about the Government of Canada, its organization and its information holdings. It will help you determine where you should go, write or call to make government enquiries, and is likely to be the first and only step you'll need to take to locate the source of the information you want.

This publication is one of a series of four reference tools to assist you and other members of the public in exercising your rights under two Canadian laws - the Access to Information Act and the Privacy Act. The Info Source publications support the government's policy to explain and promote open and accessible information regarding its activities.

Info Source is comprised of the following publications:

Info Source: Sources of Federal Government Information:

• provides information about the Government of Canada, its organization and its information holdings.
• helps individuals determine which institution to contact about requesting information formally or informally.
• provides individuals who are not, and who have never been employees of the federal government, with relevant information to facilitate access to personal information about them held by a federal government institution subject to the Privacy Act.

Info Source: Sources of Federal Employee Information:

• contains information to help current and former federal government employees to locate personal information held by the government. • is intended to help former and current government employees to exercise their rights under the Privacy Act.

Info Source: The Access to Information Act and Privacy Act Bulletin:

• provides statistical information about the number of Access to Information and Privacy requests on an annual basis and cumulative statistics since 1983.
• contains a summary of federal court cases related to Access to Information.

Info Source: Directory of Federal Government Enquiry Points:

• contains addresses and telephone numbers for federal departments and agencies subject to the Access to Information Act and/or the Privacy Act. 
• other institutions associated with the federal government are included to facilitate access.

Info Source is distributed to libraries, municipal offices and federal government offices across Canada.

It is helpful to understand the basic differences between the Access to Information Act and the Privacy Act. The information accessible under each Act is different and there are different procedures to obtain it. The following pages describe the essential details.

B. Inside Info Source

This Info Source publication has three main components:

1) Introduction

The Introduction includes:

• Section A - the Foreword
• Section B - a description of the contents of Info Source
• Section C - guidance on how to use Info Source effectively
• Section D - a summary of the roles and responsibilities of the federal government institutions that are either responsible for the production of Info Source or are responsible for the provision of input to the Info Source publications
• Sections E, F and G - some essential points about the Access to Information Act and the Privacy Act, and directions on how to locate information by using Info Source or by making a formal request under either Act;
• Section H - contact information if you wish to obtain a copy of any of the Info Source publications
• Section I - a listing of those institutions for which Access to Information Requests must be accompanied by cheques or money orders made out to the institution itself and not to the Receiver General of Canada; and
• Section J – a glossary of terms used throughout the book.

2) Standard Program Records and Personal Information Banks Standard Program Records: There is some information that is almost universally collected and maintained by federal institutions in support of common functions and activities, such as Human Resources, Material Management, Corporate Services, etc.

A number of standard program record descriptions have been established by Treasury Board Secretariat and are included in this publication. Institutions may declare one or more of these standard records, rather than develop institution-specific record descriptions.

Standard Personal Information Banks (PIB): Standardized descriptions of personal information have been developed by Treasury Board to describe personal information that may be found in records commonly maintained by federal institutions. These descriptions are included in this publication. Institutions may choose to register and declare one or more of these standard Personal Information Banks rather than develop institution-specific PIBs.

3) Chapters

There is one chapterfor each federal government department or agency subject to the Access to Information Act and the Privacy Act, or to the Privacy Act only. Chapters are arranged in alphabetical order by the commonly used name of the institution. Each chapter contains the following (please note that institutions that are not subject to the Access to Information Act do not have to include these elements. Their reporting requirements are limited to Personal Information Banks):

General Information about the institution, including:

• Background
• Responsibilities
• Legislation
• Organization

Information Holdings including:

• Program Records
• Standard Program Records
• Personal Information Banks
• Standard Personal Information Banks
• Classes of Personal Information
• Manuals

Additional Information including:

• The name of the institution to which any payment should be made if the institution does not have an account with the Receiver General of Canada;
• The address of a central information source, as well as regional locations, if any; and
• The address(es) of Reading Room(s).

C. Using Info Source effectively

Determine the correct chapter
Turn to the chapter of the department or agency you think has the information, and check the Program Records and the Personal Information Banks.

If you don't know if you have the correct department or agency, a telephone call or letter to any Access to Information and Privacy Coordinator's office should provide the answer.

For persons with disabilities
Individuals who are unable to exercise their rights using regular procedures may obtain further assistance from any Access to Information and Privacy Coordinator's office.

D. Roles and Responsibilities

Treasury Board
In accordance with the Access to Information Act, Treasury Board is responsible for the annual creation and dissemination of a publication that provides a description of government organizations, program responsibilities and descriptions of records with sufficient clarity and detail to enable the public to exercise its rights under the Access to Information Act.

Treasury Board is also responsible for the annual publication of an index of personal information that will both serve to keep the public information of how the government handles personal information, as well as facilitating the public's ability to exercise its rights under the Privacy Act. Treasury Board Secretariat fulfils these requirements through the annual publication of Info Source.

Library and Archives Canada (LAC)
Under the Library and Archives Canada Act, the Library and Archives Canada is charged with various responsibilities regarding the disposition of information created by federal institutions in support of public policy, administration of government and program delivery. These responsibilities include the authorization of records destruction by government institutions and the preservation of records for their historical or archival importance.

Questions concerning these responsibilities may be addressed to the Information Management Centre of the Library and Archives Canada (LAC) at (613) 944-IMGI (4644) or by e-mailing imgi@lac-bac.gc.ca.

Individual Institutions
Government institutions are required to provide descriptions of their organization and information holdings to Treasury Board Secretariat on an annual basis. These descriptions are utilized in the production of the publications required by the Access to Information Act and Privacy Act. Each department and agency is responsible for the information it submits.

Government institutions are also responsible for ensuring that all information/records are managed within an established life cycle. It is incumbent upon each government institution to understand and apply any legislation regarding the retention of information and more specifically, its own legislation. Each government institution is required to determine the appropriate retention periods for its records, including those common administrative records covered by a MIDA. Accountability regarding the decision to destroy records, once a Records Disposition Authority (RDA) has been established, and the timing of records destruction rests with individual government institutions.

Each federal institution has an Access to Information and Privacy Coordinator or a Privacy Coordinator. The Coordinators' offices are staffed by people whose role it is to answer questions and help identify the records or information you wish to see.

Coordinators may be contacted in person, by telephone, e-mail, letter or through the submission of a completed Access to Information and/or Privacy Request Form.

Information Commissioner
The Information Commissioner investigates formal complaints from members of the public arising from the Access to Information Act. If you have a complaint about the denial of access to information, fees charged for access, the time taken to respond to requests, refusal to give access in the official language requested, Info Source publications and other matters that relate to requesting or obtaining access to records, you may contact:

Office of the Information Commissioner
Place de Ville, Tower B
112 Kent Street, 22^ndFloor
Ottawa, Ontario  K1A 1H3

When the Information Commissioner's investigation is completed, an individual who is of the opinion that they have not been given access to all information which they are entitled to receive has the right to apply to the Federal Court -Trial Division for a review of the matter.

Privacy Commissioner
The Privacy Commissioner is an ombudsman with the power to look into complaints of improper collection, use, storage, disclosure or disposition of personal information. The Privacy Commissioner may also help if you are dissatisfied with the response to your formal application or the time it has taken to obtain your response. If the Privacy Commissioner recommends that you be given access to records and the institution still refuses, an appeal may be made to the Federal Court.

When the Privacy Commissioner's investigation is completed, an individual who is of the opinion that they have not been given access to all of their personal information to which they are entitled, has the right to apply to the Federal Court - Trial Division for a review of the matter.

You may write or call the Privacy Commissioner's office at:

Office of the Privacy Commissioner
Place de Ville, Tower B
112 Kent Street, 3^rdFloor
Ottawa, Ontario  K1A 1H3

E. Access to Information Act

The Access to Information Act gives Canadian citizens as well as people and corporations present in Canada the right to have access to federal government records that are not of a personal nature. The Act complements but does not replace other procedures for obtaining government information. It is not intended to limit in any way the access to government information that is normally available to the public upon request.

Wide range of information
You may ask for information, no matter what form it is in, including letters, memos, reports, photographs, films, microfilms and computerized data. This Info Source publication has been designed to help you pinpoint the department or agency where the information is held and assists you in obtaining it.

Some information may be exempt or excluded under the Act.

Exemptions: Exemptions protect certain types of information that could cause harm if released. For example, some information on national security, law enforcement or trade secrets falls into this category.

Exclusions: The Access to Information Act does not apply to public information that is already available, such as publications and material in libraries and museums. It also excludes material such as Cabinet documents.

Note: The Act cannot give you access to records that are not controlled by the federal government, such as those maintained by provincial or municipal governments or by private organizations such as commercial banks and credit bureaus. Most provincial governments have legislation similar to the Access to Information Act, but may be referred to as a Freedom of Information Act. Consult the provincial government listings in the blue pages of your local telephone book.

F. Privacy Act

In its day-to-day operations, federal government departments and agencies collect personal information from almost all Canadians. The Privacy Act gives Canadian citizens and people present in Canada the right to have access to information that is held about them by the federal government. It also protects against unauthorized disclosure of that personal information. In addition, it strictly controls how the government will collect, use, store, disclose and dispose of any personal information.

Most information is available when you ask
Most of your personal information is available to you at your request. This Info Source publication has been designed to help you pinpoint the department or agency where the information is held and assist you in obtaining it.

Types of personal information held
You probably already know about many of the programs and operations of the government that use personal information such as income tax at Canada Customs and Revenue Agency, citizenship at Citizenship and Immigration Canada and the Employment Insurance program at Social Development Canada.

There is personal information that the federal government may not release under the Privacy Act. For example, some personal information may relate to individuals other than the person requesting the information, or it may be about sensitive national security matters or law enforcement investigations.

Note: The Privacy Act does not control nor give you access to records that are not held by the federal government, such as those maintained by provincial or municipal governments or by private organizations such as commercial banks and credit bureaus. Most provincial governments have legislation similar to the Privacy Act. Consult the provincial government listings in the blue pages of your local telephone book.

Some personal information is confidential
The federal government must keep some personal information confidential under the Privacy Act, much of which relates to other people, national security or law enforcement.

Safeguarding personal information
The protection of your personal information and privacy is a very important aspect of the Privacy Act. The Act states how and when the government may collect, store and dispose of personal information. It also covers specifically why and how the information may be used or given out, as well as who may use or receive it.

Giving out information
The government may only disclose your information to someone else with your consent or when one or more of the criteria in the Privacy Act are met, such as to comply with a subpoena. Such disclosures are discretionary and are subject to any other Act of Parliament.

Personal Information Banks
Personal Information Banks provide a summary of the type of information about individuals that is held by federal departments and agencies. The Privacy Act requires that Personal Information Banks include all personal information that is organized and retrievable by a person's name or by an identifying number, symbol or other particular assigned only to that person. Personal Information Banks must also include personal information that has been or is being used, or is available for use for an administrative purpose.

Please see the glossary in Section J for definitions of the various types of PIBs.

G. How to Apply

Access to Information Act
Once you have decided to make a formal request under the Access to Information Act, there are certain simple procedures to follow:

• Consult Info Source to find the appropriate department or agency.
• Obtain an Access to Information Request Form from any location where Info Source is available (including the Web Site:
  www.tbs-sct.gc.ca/tbsf-fsct/tbsf-fsct_e.asp).
• If it is not convenient for you to fill in a form, you may send a letter, mentioning the Act (see details below).
• Enclose the application fee (see details below).
• Send the form or the letter to the Access to Information Coordinator at the appropriate department or agency.

If you decide to submit a letter, you must state clearly that you are requesting information under the Access to Information Act, and include the following:

• name of the government department or agency you believe has the information you want;
• description (be as specific as possible) of the records you want to see;
• preferred method of seeing the records (e.g. do you want to receive photocopies of the original documents or see the originals in the government office where they are located?); your name, street, address, city or town, province or territory, postal code, telephone number(s) and your signature;
• date of your request; and
• application fee.

Fees and costs
An application fee of $5 (subject to change) applies and additional costs may be charged for each request. You will be notified in advance if there are additional costs and you may be asked to make a deposit.

Cheques and money orders are payable to the Receiver General of Canada with some exceptions. Please refer to Section I — Institutions Without Receiver General Accounts for a list of institutions to which Access to Information Requests must be accompanied by cheques or money orders made out to the institution itself and not to the Receiver General of Canada.

Turnaround time
Government departments must acknowledge your request within 30 days under the Access to Information Act. However, in special cases, they may need more time to process your request. If you feel it's taking too long, you may submit a complaint to the Office of the Information Commissioner (See Section D – Roles and Responsibilities).

Privacy Act
When you have decided to make a formal request under the Privacy Act, there are certain procedures to follow. Remember, you will find what you are looking for faster if you already have a good idea of which department or agency has the information you want.

Obtain a Personal Information Request Form at any location where Info Source is available (including the Web Site: 
www.tbs-sct.gc.ca/tbsf-fsct/tbsf-fsct_e.asp).

Fill out the form and identify yourself in such a way that the government may verify who you are, i.e. that it is you, and not someone else, asking for your information. The more precise the information you provide, the faster your request can be answered.

Send the form to the Privacy Coordinator of the appropriate department or agency.

There is no charge to apply for information under the Privacy Act.

To change the information
If you believe the information that a federal institution has on file about you is untrue or misleading, you may ask to have it corrected. Even if the department or agency does not agree to change this information, it must make a note that you have asked for the change and attach it to the file.

Turnaround time
Under the law, all or most of the information you ask for should be disclosed within 30 days of receiving the request. If a time extension is required, you will be notified within the first 30 days and told why up to another 30 days may be needed.

H. Where to obtain Info Source

For more information about Info Source, the Access to Information Act or the Privacy Act, you may contact:

Treasury Board of Canada Secretariat
L'Esplanade Laurier, East Tower
140 O'Connor Street, 8^thFloor
Ottawa, Ontario  K1A 0R5

If you would like a copy of the Directory of Federal Government Enquiry Points or the Access to Information Act and Privacy Bulletin, please contact:

Treasury Board Distribution Centre
L'Esplanade Laurier, Level P-1W
300 Laurier Avenue West, Room P-140
Ottawa, Ontario  K1A 0R5

If you would like to purchase a copy of Sources of Federal Government Information or Sources of Federal Employee Information, please contact:

Publishing and Depository Services
Public Works and Government Services Canada
Ottawa, Ontario  K1A 0S5

All four Info Source publications are also available free of charge on the Internet at: www.infosource.gc.ca 

Note: Access to Information Act and Privacy Act requests must be addressed to the appropriate institutions, at the addresses listed in the pages that follow.

I. Institutions without Receiver General Accounts

Access to Information Requests being sent to the following institutions must be accompanied by cheques or money orders made out to the institution itself and not to the Receiver General of Canada:

J. Useful Terms