ANNUAL REPORT
2003–2004
Citizenship and Immigration Canada (CIC) is pleased to submit to Parliament its 10th annual report on the administration of the Privacy Act and the Access to Information Act for the fiscal year commencing April 1, 2003, and ending March 31, 2004.
In 2003–2004, the programs administered by the Department derived authority from the Department of Citizenship and Immigration Act, the Citizenship Act and its regulations, and the Immigration and Refugee Protection Act and its regulations.
The work of CIC encompasses a broad range of activities: the selection of immigrants and refugees and the issuance of temporary resident visas abroad; the examination of people seeking entry to Canada at ports of entry; the facilitation and control of immigrants and foreign visitors in Canada; the settlement and integration of immigrants and refugees; and the processing of applications for Canadian citizenship and proof of citizenship. On December 12, 2003, responsibility for most intelligence and enforcement functions of the Immigration and Refugee Protection Act and its regulations, including investigations, detentions, hearings, pre-removal risk assessments and removals from Canada, interdiction activities abroad, forensic document analysis and expertise, screening for security, organized crime and modern war crimes, was transferred to the new Canada Border Services Agency.
The administration of the Privacy Act and the Access to Information Act is the responsibility of the Public Rights Administration Division (PRAD) of the Executive Services Branch, under the direction of the access to information and privacy coordinator. The coordinator is responsible for planning, developing and updating policies and procedures related to the two acts and ensuring departmental compliance with legislative obligations. PRAD plays a key role in the processing of requests for information, and coordinates all activities related to the legislation and the relevant regulations, directives and guidelines.
Requests for personal information made under the Privacy Act are processed on a decentralized basis, the responsibility for disclosure resting primarily with the local offices and points of service that control the records. Conversely, requests made under the Access to Information Act are processed at national headquarters only. Officials at national headquarters who are designated by the minister authorize all exemptions.
This report is presented in accordance with section 72 of each act. Part One deals with the Privacy Act and Part Two, with the Access to Information Act.
In 2003–2004, CIC undertook the following initiatives to improve client service under the Access to Information Act and the Privacy Act (ATIP).
In addition to processing requests under the Access to Information Act and the Privacy Act, CIC was also consulted by other government institutions in 114 cases where the records sought from these institutions related to CIC activities. The statistics for these 114 cases are not included in this report.
Mandamus is a legal administrative remedy by which the Court is asked to order that an unfulfilled statutory duty be fulfilled. For example, a requester can ask the Federal Court to order that CIC process certain requests for information within a specified time period.
In 2002–2003, two applications for mandamus were filed, encompassing 75 requests. CIC and the applicant made arrangements to deal with both of these outside the court process. At the time of this writing, 70 of the requests have been finalized and five are in process.
In the 2003–2004 reporting period, three applications for mandamus were filed, involving 133 requests. CIC and the applicant made arrangements to deal with all three outside the court process. At the time of this writing, 99 of the requests have been finalized and 34 are in process.
In 2003–2004, CIC worked on the development of 19 privacy impact assessments or preliminary privacy impact assessments, including the following.
1. Statistical summary of actions taken by CIC in response to requests for information under the Privacy Act
The following statistics summarize the activities undertaken by CIC under the Privacy Act in the year under review.
(a) Requests under the Privacy Act
Received during the reporting period | 5,515 |
Outstanding from previous period (received in 2002–2003 and still in process at the beginning of 2003–2004) | 456* |
Total: | 5,971 |
Completed during reporting period | 4,870 |
Carried forward to 2004–2005 (received in 2003–2004 and still in process at the beginning of 2004–2005) | 1,101 |
* Last year, CIC reported to Parliament that it carried over 452 active requests. The number is slightly different because of system inconsistencies.
In this reporting period, CIC received a total of 5,515 formal requests under the Privacy Act.
(b) Disposition of completed requests
All disclosed | 2,818 |
Disclosed in part | 1,057 |
Nothing disclosed (excluded in total) | 0 |
Nothing disclosed (exempted in total) | 4 |
Unable to process | 511 |
Abandoned by applicant | 283 |
Transferred | 197 |
Total: | 4,870 |
A total of 4,870 requests were completed during the fiscal year. Of these, the information requested was disclosed in its entirety in 2,818 cases, or 57.9% of all requests. Information for an additional 1,057 requests (or 21.7%) was partially released. Four of the completed requests (or 0.1%) resulted in the complete exemption of the information. The remaining 991 completed requests (or 20.3%) fell into the categories of unable to process, abandoned by applicant, or transferred to another department.
(c) Exemptions invoked
Subsection 18(2) | 0 |
Paragraph 19(1)(a) | 118 |
Paragraph 19(1)(b) | 22 |
Paragraph 19(1)(c) | 64 |
Paragraph 19(1)(d) | 99 |
Section 20 | 0 |
Section 21 | 142 |
Paragraph 22(1)(a) | 43 |
Paragraph 22(1)(b) | 201 |
Paragraph 22(1)(c) | 0 |
Subsection 22(2) | 0 |
Subsection 23(a) | 0 |
Subsection 23(b) | 0 |
Section 24 | 1 |
Section 25 | 1 |
Section 26 | 666 |
Section 27 | 40 |
Section 28 | 0 |
Total: | 1,397 |
The majority of exemptions invoked under the Privacy Act fell under Section 26, designed to protect the personal information of an individual other than the requester; Section 19, which covers personal information obtained in confidence; and Section 22, dealing with law enforcement and investigations. Section 26 was invoked in 666 cases, or approximately 47.7% of all exemptions applied in 2003–2004. Section 19 was invoked in 303 cases, or 21.7% of the exemptions. Finally, Section 22 was applied in 244 cases, or 17.5% of the total exemptions.
(d) Exclusions invoked
Paragraph 69(1)(a) | 0 |
Paragraph 69(1)(b) | 0 |
Paragraph 70(1)(a) | 0 |
Paragraph 70(1)(b) | 0 |
Paragraph 70(1)(c) | 0 |
Paragraph 70(1)(d) | 1 |
Paragraph 70(1)(e) | 1 |
Paragraph 70(1)(f) | 0 |
Total: | 2 |
(e) Completion time
30 days or under | 3,541 |
31 to 60 days | 617 |
61 to 120 days | 455 |
121 days or over | 257 |
Total: | 4,870 |
Approximately 73% of the completed requests were processed within 30 days.
(f) Extensions for 30 days or under
Interference with operations | 8 |
Consultations | 380 |
Translation | 3 |
Total: | 391 |
(g) Translations
Translations requested | 3 |
English to French | 0 |
French to English | 3 |
(h) Method of access
Copies given | 3,749 |
Examinations | 23 |
Copies and examinations | 103 |
Total: | 3,875 |
(i) Corrections and notation
Corrections requested | 11 |
Corrections made | 5 |
Notations attached | 2 |
(j) Costs
Full-time equivalent utilization | 36.3 |
Salaries | $1,463,038 |
Administration | 447,970 |
Total: | $1,911,008 |
2. Complaints and appeals
(a) Complaints to the Privacy Commissioner
Received during reporting period | 103 |
Outstanding from previous period | 44 |
Total: | 147 |
Completed during reporting period | 84 |
Carried forward to 2004–2005 | 63 |
(b) Appeals to the Federal Court
One appeal to the Federal Court was initiated in the 2002–2003 reporting year and discontinued by the appellant in 2003–2004.
3. Disclosure of personal information under paragraph 8(2)(e)
The Department processes formal requests when an investigative body designated in the Regulations submits a request in accordance with the requirements specified in the Treasury Board manual on privacy and data protection.
Requests for information concerning 515 of CIC’s clients were received from investigative bodies under paragraph 8(2)(e) during the period under review. Most requests for this fiscal year were from the following agencies.
1. Statistical summary of actions taken by CIC in response to requests for information under the Access to Information Act
This section summarizes the activities undertaken by CIC under the Access to Information Act in the year under review.
(a) Requests under the Access to Information Act
Received during the reporting period | 7,876 |
Outstanding from previous period (received in 2002–2003 and still in process at the beginning of 2003–2004) | 1,087* |
Total: | 8,963 |
Completed during reporting period | 7,613 |
Carried forward to 2004–2005 (received in 2003–2004 and still in process at the beginning of 2004–2005) | 1,350 |
* Last year, CIC reported to Parliament that it carried over 1,084 active requests. The number is slightly different because of system inconsistencies.
(b) Source of requests
Media | 111 |
Business | 5,835 |
Organizations | 94 |
Public | 1,827 |
Academia | 9 |
Total: | 7,876 |
(c) Disposition of completed requests
All disclosed | 3,039 |
Disclosed in part | 3,529 |
Nothing disclosed (excluded in total) | 7 |
Nothing disclosed (exempted in total) | 7 |
Transferred | 11 |
Unable to process | 462 |
Abandoned by applicant | 550 |
Treated informally | 8 |
Total: | 7,613 |
(d) Exemptions invoked
Paragraph 13(1)(a) | 148 |
Paragraph 13(1)(b) | 11 |
Paragraph 13(1)(c) | 168 |
Paragraph 13(1)(d) | 77 |
Section 14 | 27 |
Subsection 15(1) international relations | 9 |
Subsection 15(1) defence | 0 |
Subsection 15(1) subversive activities | 919 |
Paragraph 16(1)(a) | 53 |
Paragraph 16(1)(b) | 44 |
Paragraph 16(1)(c) | 586 |
Paragraph 16(1)(d) | 1 |
Subsection 16(2) | 115 |
Subsection 16(3) | 0 |
Section 17 | 5 |
Subsection 18(a) | 4 |
Subsection 18(b) | 0 |
Subsection 18(c) | 0 |
Subsection 18(d) | 1 |
Subsection 19(1) | 2,989 |
Paragraph 20(1)(a) | 4 |
Paragraph 20(1)(b) | 17 |
Paragraph 20(1)(c) | 28 |
Paragraph 20(1)(d) | 10 |
Paragraph 21(1)(a) | 69 |
Paragraph 21(1)(b) | 81 |
Paragraph 21(1)(c) | 17 |
Paragraph 21(1)(d) | 16 |
Section 22 | 10 |
Section 23 | 85 |
Section 24 | 1 |
Section 26 | 2 |
Total: | 5,497 |
The majority of exemptions invoked under the Access to Information Act fell under three sections: subsection 19(1), designed to protect the personal information of an individual other than the requester; Section 15(1), which covers international relations, defence and subversive activities; and Section 16, which deals with law enforcement and investigations. Subsection 19(1) was invoked in 2,989 cases, or 54.4% of all exemptions that applied in 2003–2004. In addition, 928 cases, or 16.9% of the total exemptions, were exempted under Section 15(1). Another 799 cases, or 14.5%, were exempted pursuant to Section 16 of the Act.
(e) Exclusions cited
Subsection 68(a) | 28 |
Subsection 68(b) | 1 |
Subsection 68(c) | 1 |
Paragraph 69(1)(a) | 13 |
Paragraph 69(1)(b) | 0 |
Paragraph 69(1)(c) | 4 |
Paragraph 69(1)(d) | 6 |
Paragraph 69(1)(e) | 9 |
Paragraph 69(1)(f) | 8 |
Paragraph 69(1)(g) | 56 |
Total: | 126 |
(f) Completion time
30 days or under | 5,518 |
31 to 60 days | 1,386 |
61 to 120 days | 366 |
121 days or over | 343 |
Total: | 7,613 |
In addition to the 5,518 requests completed within 30 days, 876 requests were completed within the authorized extension periods. Therefore, 84% of the completed requests were processed within 30 days or within the extended time periods allowed under the Access to Information Act.
(g) Extensions for 30 days or under
Searches | 15 |
Consultations | 1,276 |
Third-party consultations | 2 |
Total: | 1,293 |
(h) Extensions for 31 days or over
Searches | 179 |
Consultations | 28 |
Third-party consultations | 5 |
Total: | 212 |
(i) Method of access
Copies given | 6,483 |
Examinations | 46 |
Copies and examinations | 39 |
Total: | 6,568 |
(j) Costs
Full-time equivalent utilization | 22.36 |
Salaries | $1,296,540 |
Administration | 721,564 |
Total: | $2,018,104 |
(k) Net fees collected
Application fees | $38,815.00 |
Reproduction | 24,032.30 |
Searches | 260.00 |
Preparation | 148.00 |
Computer processing | 205.00 |
Total: | $63,460.30 |
(l) Fees waived
$25 or under | $21,644.72 |
Over $25 | 1,483.25 |
Total: | $23,127.97 |
2. Complaints and appeals
(a) Complaints to the Information Commissioner
Received during reporting period | 46 |
Outstanding from previous period | 42 |
Total: | 88 |
Completed during reporting period | 56 |
Carried forward to 2004–2005 | 32 |
(b) Appeals to the Federal Court
One appeal to the Federal Court was initiated in the 2002–2003 reporting year and discontinued by the appellant in 2003–2004.
© Minister of Public Works and Government Services Canada, 2004
Cat. no. Ci1-4/2004
ISBN 0-662-67876-1