The Privacy Policy
The privacy policy of the Financial Guarantee Programs Division ("FGPD") of Agriculture and Agri-Food Canada ("AAFC"), relating to the Advance Payments Program (APP), the Spring Credit Advance Program (SCAP), and the Enhanced Spring Credit Advance Program (ESCAP), (the "Programs"), applies to producer organizations collecting personal information from applicants for the purposes of delivering the Programs. Information collected is used to assess producer eligibility under the Programs and to monitor and ensure that advances issued remain within program parameters as set out in the legislation (Agricultural Marketing Programs Act - AMPA) or in the Terms and Conditions of SCAP, or in the Terms and Conditions of ESCAP, which ever may apply. Compliance to the terms of the Advance Guarantee Agreement with the Producer organization, and the appropriate program guidelines are also monitored.
This policy also applies to the producer information collected by AAFC for the Programs.
The Policy is based on nine key principles:
- Consent to collect the information and identifying the purposes for collecting it
- Consent to use producer information
- Consent to disclose producer information
- Retention of information
- Safeguarding information
- Accuracy of the information collected
- Openness about the use of the information collected
- Access by individuals to their information
- The right of individuals to correct their information on file
These principles will be explained in greater detail in the pages to follow.
1. Consent to collect the information and Identifying the purposes for collecting it
The Programs have program parameters as set out in the Agricultural Marketing Programs Act (AMPA) or in the Terms and Conditions of SCAP or in the Terms and Conditions of ESCAP. In order to effectively administer and manage the program within these parameters, personal information is collected for individual producers, and members of partnerships, cooperatives and/or corporations. Participating producers must make an application to the Administrator and give consent to the use of the information being collected. The following information will be collected:
For Individual producers (individual applicants):
- Full legal name
- Date of birth
- Citizenship/Residency Information
- Full home address of applicant
- Telephone Number
- Producer APP Number (#)
- Production insurance number (#)
For each member of a Partnership, Cooperative, Corporation or Association
(business applicants):
- Full Legal Name(s)
- Dates of birth
- Citizenship/Residency Information
- Full Legal Home Mailing Address(es)
- Telephone Number(s)
- Producer APP ID(#)
- Production Insurance Policy number (#)
The following commercial and corporate information will also be further collected, where applicable, for individual producers, corporations, cooperatives, partnerships and other organizations:
- Information with regard to farming locations, crop acreage, expected yields, storage facilities, and sales information
- Credit and financial information, including financial reports and statements
- Articles of incorporation
- Information pertaining to the applicants lender
2. Consent to use producer information
By making an application to the Programs, the applicant consents that both the Administrator and AAFC may use the information to consider program eligibility, and program entitlements for these Programs. When an application is approved consent also enables the Administrator and AAFC to ensure advances are repaid in a manner that respects the Act, the Regulations, the Terms and Conditions, as well as the Administration Guidelines, including providing the information to delegated officials for any required collection activity should the loan not be repaid.
3. Consent to disclose producer information
As a minimum, an applicant to one or both of the Programs, consents to the disclosure of the required personal and financial information to both the Administrator and AAFC, for the purposes of determining program eligibility and program entitlements for the Programs. Where the applicant uses another Federal or Provincially funded program as security against an advance, the personal and commercial information provided will be used to verify the security with the appropriate program officials. The information may also be used to verify security or credit worthiness with financial institutions and credit evaluation companies.
Should either the Administrator or AAFC desire to disclose personal or commercial confidential information for purposes not associated to the administration of the Programs, then prior written consent of the applicant will be obtained. Normally this consent will have been obtained during the application process and be clearly outlined on the producer application form.
4. Retention of information
Both the Administrator and AAFC will retain applicant information for at least three (3) years after the date of repayment of the loan by the applicant. Files involving defaulted loans which require action by AAFC will be held by AAFC for a period of six (6) years after repayment, the last financial transaction or the last action taken to recover the loan, whichever occurs last. More information can be obtained about AAFC's retention periods by reviewing the Program description and information holdings described in the Personal Information Bank (PIB) PPU 140 in InfoSource at http://www.infosource.gc.ca/inst/agr/fed00_e.asp
5. Safeguarding information
Several steps have been taken to ensure the information collected is safe from unintended disclosure including:
- No disclosure to other parties without prior written consent of the applicant or applicant's delegate;
- Electronic data will only be transferred to AAFC using secure channels and protocols appropriate to the level of data being transferred;
- Administrators have signed Access and Privacy Agreement with AAFC, binding them to the same principles and standards as AAFC;
- Administrators may only search data relating to their own producers on-line with AAFC (ie. "No Phising")
- Procedures are in place to verify and/or correct the accuracy of the information on file (see below).
6. Accuracy of the information collected
Both the Administrator and AAFC want to ensure the accuracy of the information on file. AAFC will make every reasonable effort to keep the applicant's information accurate and up-to-date. For that reason, every applicant will have access (see Access - # 8) to his or her personal record, and will be able to verify the personal information collected. If there are any changes or errors in his or her personal record, the applicant must inform the Administrator or AAFC in order for the appropriate corrections to be made.
A correction to an applicant's personal record can be requested in writing to the organization where the application was made. Subsequently the Administrator will advise AAFC of any corrections required to information sent to AAFC.
7. Openness of the use of the information collected
Both Administrators and Program Officials of the FGPD agree to be open and forthcoming in providing applicants with the information held on their file. This means that when an applicant calls to inquire about what information is contained on their file, the respondent will fully disclose this information provided the applicant can satisfy certain security requirements. Further details on how an applicant may access their information can be found below.
The openness of this policy is designed to facilitate both access to one's information and to ensure that issues related to information accuracy, are easily recognized and corrected.
8. Individual Access to information
Everyone can request access to the information they supplied when applying to the Programs. The best place to request this information is from the Administrator. The Producer Organization that administers the Programs on behalf of AAFC, is required to collect all producer information relating to an advance issued, but then transfers only a portion of that data to AAFC. The Administrator has agreed with AAFC to be transparent and forthcoming with information relating to its files. All information transmitted to AAFC comes directly from the Administrator, therefore if there is an issue relating to information contained in an applicant file, the Administrator should be the first point of contact.
Both the Administrator and the Program Officials of the FGPD will require applicants to provide some identifying information before responding to any questions relating to information held on an applicant's file. These questions are designed to ensure the information is only released to persons entitled to receive it. If a person is inquiring on behalf of another, written consent from the applicant(s) is required and the authenticity of such consent will be verified before any information can be released. This confirmation may take time depending on the availability of the applicant(s).
Should there be a question relating to producer information or data that was transferred to AAFC, the applicant or person enquiring on an applicant's behalf should contact AAFC. The Administrator can provide the applicant with the appropriate FGPD contact responsible for their region, or Program contact coordinates can be found on AAFC's website by searching for "Advance Payments Program Contacts" or "Spring Credit Advance Program Contacts" at www.agr.gc.ca or by calling AAFC's toll free line at 1-888-346-2511. When contacting AAFC via the toll free line please provide the Program name and the Province where the applicant resides in order to assign the call to the appropriate official.
Most information queries applicants have, can be handled in an informal manner over the phone. However, should an applicant wish to see the information on their file, they can arrange to view the file with the Administrator where they made the application or request a copy of the file. If an applicant requests a copy of information from their file, it will be sent to them within two weeks for a single crop year and within thirty (30) days for multiple crop years, not to exceed five (5) crop years. Any request for information beyond five (5) crop years, will require a formal discussion between the Administrator and FGPD, and will evaluate the need to submit a formal request (see below).
If the applicant is not satisfied with the information received, or wishes to make a formal request for the information, they may do so using any of the following legislated processes:
Applicants wishing to make a formal request for information from the Administrator, may do so pursuant to the Personal Information Protection and Electronic Documents Act. This is the federal legislation that ensures the privacy and a right of access to personal information in the private sector. Applicants may send their request in writing, specifying what information they would like to their Administrator.
The Privacy Act provides individuals with the right to access their personal information held by the Government of Canada and if necessary, to make any corrections to their information. Requests for access or corrections are to be made in writing and sent to the Access to Information and Privacy Coordinator at:
Agriculture and Agri Food Canada
930 Carling Avenue, Room 282
Ottawa, Ontario
K1A 0C5
Tel: (613) 759-6766
Fax: (613) 759-6547
If you are not satisfied with the response to your privacy concern, you may wish to contact:
Privacy Commissioner of Canada
3rd Floor, Place de Ville
112 Kent Street, Tower "B"
Ottawa, Ontario,
K1A 1H3
Tel: 1-800-282-1376
http://www.privcom.gc.ca
Corporations and Partnerships can also request access to any record under the control of the department by applying to the Access to Information and Privacy Coordinator for AAFC at the address noted above, however, if you are not satisfied with the response to your request, you may wish to contact:
The Information Commissioner of Canada
Place de Ville, Tower B
112 Kent Street, 22nd Floor
Ottawa, Ontario
K1A 1H3
(613) 995-2410 (National Capital Region)
1-800-267-0441 (toll-free)
9. The right to correct information on file by the individuals
As mentioned above both the Administrator and the FGPD want to ensure the accuracy of the information on an applicant's file(s). If after reviewing their file an applicant or their representative wishes to make a correction to the information contained therein, they have to submit a written request by mail to the Administrator. After reviewing the request for correction, the Administrator will advise the applicant if the correction is accepted or not, and advise the FGPD of any necessary corrections to the data transferred.
Should a disagreement remain with regards to making a correction to a file, Graham Amey, the FGPD Privacy contact can be reached at 613-759-6290. Mr. Amey will review the file and the circumstances surrounding the request for correction, and contact both parties to advise them of the decision to accept the correction or not.
The steps mentioned above for making corrections to files are suggestions, and will address the vast majority of required corrections. This is in no way intended to prevent an applicant from following the more formal processes available under the provisions of the appropriate legislation noted above.
