2019-2020 Annual Report to Parliament on the Privacy Act

Table of contents

1. Introduction

The Privacy Act provides Canadian citizens and people present in Canada the right of access to, and correction of, information about them that is held 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.

This report summarizes the activities of CanNor in implementing the Act, and fulfils the requirement under Section 72, which stipulates that, "The head of every government institution shall prepare for submission to Parliament an annual report on the administration of this Act within the institution during each financial year."

Mandate

Contributing to jobs and growth in Canada, CanNor works to develop a diversified, sustainable and dynamic economy across Canada's three territories. It does this by delivering funding programs to Northerners and Indigenous people, guiding resource development and major projects across the North through the Northern Projects Management Office, undertaking research to support the development of evidence-based policies, advocating for northern economic prosperity and diversification, and collaborating with other federal departments, territorial governments, Indigenous organizations, and industry.

2. Organizational Structure

For the purposes of the Privacy Act, the President of CanNor has delegated powers, duties and functions under the Act to the Corporate Secretary. The Corporate Secretary performs the role of ATIP Coordinator responsible for leading the ATIP Program. The ATIP Coordinator administers the Act with assistance from an Administrative Officer. Assistance may also be obtained via the procurement of specialized professional services as required.

The ATIP Coordinator is accountable for the development, coordination, and implementation of effective policies, guidelines, systems, and procedures to meet responsibilities under the Act, and to permit processing requests, and disclosure of information.  Additionally, the ATIP Coordinator provides strategic support and advice to the executive management of the Agency regarding the administration of the ATIP program, and is responsible for all privacy activities and operations pursuant to the Act such as:

CanNor was not party to any service agreements in accordance with section 73.1 of the Privacy Act during the reporting period.

3. Delegation Order

The President's Privacy Delegation Order (Annex A) was updated on March 23, 2020. It provides delegated authority to the Corporate Secretary and the Manager, IM/IT and Chief Information Officer. 

4. Performance 2019-2020

CanNor's 2019-2020 Statistical Report on the Access Privacy Act is attached as Annex B. The following is an overview of key data on CanNor's performance for the fiscal year:

a) Requests Received Under the Privacy Act

CanNor did not receive any requests during the 2019-2020 fiscal year. No informal requests were received or processed outside the Privacy Act during this reporting period or during the 2018-2019 or 2017-2018 reporting periods.

The following table shows a comparison for the past three years with respect to Privacy requests.

Privacy Requests 2017-2018 2018-2019 2019-2020
Received during reporting period 0 1 0
Outstanding from previous reporting period 0 0 0
Total 0 1 0
Closed during reporting period 0 1 0
Carried over to next reporting period 0 0 0

b) Consultations Received from other Government of Canada Institutions

No consultations from other Government of Canada Departments were received during 2019-2020 and none were carried forward from 2018-19. During the 2018-2019 reporting year, no consultations were received from other Government of Canada Departments and none were carried over from the previous year.

The following table shows the comparison for the past three years with respect to Consultation requests.

Consultation Requests 2017-2018 2018-2019 2019-2020
Received during reporting period 0 0 0
Outstanding from previous reporting period 0 0 0
Total 0 0 0
Closed during reporting period 0 0 0
Carried over to next reporting period 0 0 0

c) Impacts of COVID-19-related Measures and Implemented Mitigation Measures

From March 14 to March 31, 2020, CanNor's ATIP Coordinator and staff were provided with network access from their home from the start of the pandemic in order to receive and respond to Access to Information and Privacy requests, as well as Consultation requests received from other Government of Canada institutions. Office building access was available on an as needed basis in case any non-electronic documents or documents labelled "Secret" needed to be reviewed. However, the Agency did not receive any requests during this time period, therefore, COVID-19-related measures had no impact on its ability to fulfil its responsibilities under the Privacy Act.

5. Training and Awareness

Informal briefings and awareness sessions were provided to employees to explain the administration of the Privacy Act, the processing of privacy requests, and guidance on the informal release of records and updating personal information banks and privacy notice statements.

6. Policies, Guidelines, Procedures and Initiatives

A new data collection method was implemented in order to better track and retrieve information pertaining to ongoing and completed requests.

7. Summary of Key Issues and Actions Taken on Complaints or Audits

No complaints were received during the 2019-2020 reporting period. One investigation report was received regarding a complaint under Section 31 of the legislation which was made in 2018-2019. This investigation determined that the complaint was founded due to the Agency not responding to a request within 60 days. The report also states that the question has now been resolved, a response having been provided to the requestor.

8. Monitoring Compliance

For a majority of the reporting year, the Director of Corporate Services & CFO was the official responsible for completion timelines, however, following the creation of the role of Corporate Secretary at CanNor in February, this new official is now charged with coordinating ATIP requests and is aware of processing timelines on a continual basis. A new data collection method was implemented which allowed for effective monitoring.

9. Material Privacy Breaches

No material privacy breaches occurred during the reporting period.

10. Privacy Impact Assessment

During the reporting period, CanNor did not complete any Privacy Impact Assessments and no assessments were forwarded to the Office of the Privacy Commissioner.

11. Public Interest Disclosures

There were no disclosures pursuant to paragraph 8(2) (m) for the April 1, 2019, to March 31, 2020 period.

Annex A – Privacy Act Delegation Order

Pursuant to the powers of designation conferred upon me by Section 73(1) of the Privacy Act, the persons exercising the functions or positions of Manager, IM/IT and Chief Information Officer (position number 000139900), and Corporate Secretary (position number 146270) and their respective successors, including in their absence, a person or officer designated in writing to act in the place of the holder of any such functions or positions are hereby designated to exercise those powers, duties or functions of the President as the Head of the government institution under the Act, and as set out in the attached Schedule A and B.

President - Canadian Northern Economic Development Agency

Dated at Ottawa, the 23rd of March, 2020

Schedule A – Delegation order - Designation pursuant to section 73 of the Privacy Act

Sections and Powers, Duties or Functions

8(2)
Disclose personal information without the consent of the individual to whom it relates
8(4)
Keep copies of requests made under 8(2)(e), keep records of information disclosed pursuant to such requests and to make those records available to Privacy Commissioner
8(5)
Notify the Privacy Commissioner in writing of disclosure under paragraph 8(2)(m)
9(1)
Retain a record of use of personal information
9(4)
Notify the Privacy Commissioner of consistent use of personal information and update index accordingly
10
Include personal information in personal information banks
11(a)
Publish annually an index of all personal information banks and their respective contents
11(b)
Publish annually an index of all personal information held by the institution which is not part of a bank
14
Respond to request for access, within statutory deadline; give access or give notice
15
Extend time limit and notify applicant
16
Where access is refused
17(2)(b)
Language of access or alternative format of access
17(3)(b)
Access to personal information in alternative format
18(2)
May refuse to disclose information contained in an exempt bank
19(1)
Shall refuse to disclose information obtained in confidence from another government
19(2)
May disclose any information referred to in 19(1) if the other government consents to the disclosure or makes the information public
20
May refuse to disclose information injurious to federal-provincial affairs
21
May refuse to disclose information injurious to international affairs and/or defense
22
May refuse to disclose information injurious to law enforcement and investigation
23
May refuse to disclose information injurious to security clearances
24
May refuse to disclose information collected by the Canadian Penitentiary Service, the National Parole Service or the National Parole Board
25
May refuse to disclose information injurious to which could threaten the safety of individuals
26
May refuse to disclose information about other individuals, and shall refuse to disclose such information where disclosure is prohibited under section 8
27
May refuse to disclose information subject to solicitor-client privilege
28
May refuse to disclose information relating to an individual's physical or mental health where disclosure is contrary to the best interests of the individual
31
Receive notice of investigation by the Privacy Commissioner
33(2)
Make representations to the Privacy Commissioner during an investigation
35(1)
Receive the Privacy Commissioner's report of findings of the investigation and give notice of action taken
35(4)
Give complainant access to information after 35(1)(b) notice
36(3)
Receive Privacy Commissioner's report of findings of investigation of exempt
37(3)
Receive report of Privacy Commissioner's findings after compliance investigation where the institution has not complied with sections 4 to 8
51(2)(b)
Request that matter be heard and determined in National Capital Region
51(3)
Request and be given right to make representations in Section 51 hearing
72(1)
Prepare Annual Report to Parliament
77
Carryout responsibilities conferred on the head of the institution by the regulations made under section 77 which are not included above

Schedule B – Delegation order - Designation pusuant to section 73 of the Privacy Act

Sections and Powers, Duties or Functions

10
Include personal information in personal information banks
11(a)
Publish annually an index of all personal information banks and their respective contents
11(b)
Publish annually an index of all personal information held by the institution which is not part of a bank
15
Extend time limit and notify applicant
31
Receive notice of investigation by the Privacy Commissioner

Annex B – Statistical Report on the Privacy Act

Section 1: Requests Under the Privacy Act

1.1 Number of requests

  Number of Requests
Received during reporting period 0
Outstanding from previous reporting period 0
Total 0
Closed during reporting period 0
Carried over to next reporting period 0

Section 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time

Disposition of Requests Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

2.2 Exemptions

Section Number of Requests
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 0
19(1)(d) 0
19(1)(e) 0
19(1)(f) 0
20 0
21 0
22(1)(a)(i) 0
22(1)(a)(ii) 0
22(1)(a)(iii) 0
22(1)(b) 0
22(1)(c) 0
22(2) 0
22.1 0
22.2 0
22.3 0
22.4 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 0
27 0
27.1 0
28 0

2.3 Exclusions

Section Number of requests
69(1)(a) 0
69(1)(b) 0
69.1 0
70(1) 0
70(1)(a) 0
70(1)(b) 0
70(1)(c) 0
70(1)(d) 0
70(1)(e) 0
70(1)(f) 0
70.1 0

2.4 Format of information released

Paper Electronic Other formats
0 0 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
0 0 0
2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less Than 100
Pages Processed
101-500
Pages Processed
501-1000
Pages Processed
1001-5000
Pages Processed
More Than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
All disclosed 0 0 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0 0 0
All exempted 0 0 8 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0
2.5.3 Other complexities
Disposition Consultation Required Legal Advice Sought Interwoven Information Other Total
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 0 0 0 0 0

2.6 Closed requests

2.6.1 Number of requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 0
Percentage of requests closed within legislated timelines (%) 0

2.7 Deemed refusals

2.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
0 0 0 0 0
2.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines Number of Requests Past Legislated Timelines Where No Extension Was Taken Number of Requests Past Legislated Timelines Where an Extension Was Taken Total
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 0 0

2.8 Requests for translation

Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Section 3: Disclosures Under Subsections 8(2) and 8(5)

Paragraph 8(2)(e) Paragraph 8(2)(m) Subsection 8(5) Total
0 0 0 0

Section 4: Requests for Correction of Personal Information and Notations

Disposition for Correction Requests Received Number
Notations attached 0
Requests for correction accepted 0
Total 0

Section 5 - Extensions

5.1 Reasons for extensions and disposition of requests

Number of requests where an extension was taken 15(a)(i) Interference With Operations 15(a)(ii) Consultation 15(b) Translation purposes or conversion
Further review required to determine exemptions Large volume of pages Large volume of requests Documents are difficult to obtain Cabinet Confidence Section (Section 70) External Internal
0 0 0 0 0 0 0 0 0

5.2 Length of extensions

Length of Extensions 15(a)(i) Interference With Operations 15(a)(ii) Consultation 15(b) Translation purposes or conversion
Further review required to determine exemptions Large volume of pages Large volume of requests Documents are difficult to obtain Cabinet Confidence Section (Section 70) External Internal
1 to 15 days 0 0 0 0 0 0 0 0
16 to 30 days 0 0 0 0 0 0 0 0
31 days or greater n/a n/a n/a n/a n/a n/a n/a 0
Total 0 0 0 0 0 0 0 0

Section 6: Consultations Received From Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and other organizations

Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during the reporting period 0 0 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 0 0 0 0
Closed during the reporting period 0 0 0 0
Carried over to the next reporting period 0 0 0 0

6.2 Recommendations and completion time for consultations received from other Government of Canada institutions

Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

6.3 Recommendations and completion time for consultations received from other organizations

Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
All Exempted 0 0 0 0 0 0 0 0
All Excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

Number of Days Fewer Than 100 Pages Processed 101-500
Pages Processed
501-1000
Pages Processed
1001-5000
Pages Processed
More than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

7.2 Requests with Privy Council Office

Number of Days Fewer Than 100 Pages Processed 101-500
Pages Processed
501-1000
Pages Processed
1001-5000
Pages Processed
More than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

Section 8 - Complaints and Investigations Notices Received

Section 31 Section 33 Section 35 Court action Total
0 0 1 0 1

Section 9: Privacy Impact Assessments (PIA) and Personal Information Banks (PIB)

9.1 Privacy Impact Assessments

Number of PIA(s) completed 0

9.2 Personal Information Banks

Personal Information Banks Active Created Terminated Modified
  0 0 0 0

Section 10: Material Privacy Breaches

Number of material privacy breaches reported to TBS 0
Number of material privacy breaches reported to OPC 0

Section 11 - Resources Related to the Privacy Act

11.1 Costs

Expenditures Amount
Salaries $0
Overtime $0
Goods and Services $0
Professional services contracts $0
Other $0
Total $0

11.2 Human Resources

Resources Person Years Dedicated to Privacy Activities
Full-time employees 0.00
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 0.00

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