Privacy Act - Annual Report to Parliament 2012-2013
Table of Contents
Preface
A department of the Government of Canada, Western Economic Diversification Canada (WD) was established in 1987 under the provisions of the Western Economic Diversification Act, and mandated to promote the development and diversification of the economy of Western Canada and to advance the interests of the West in national economic policy, program and project development and implementation. This broad mandate allows the department to implement tailored programs and initiatives to assist western Canadians create strong, competitive and innovative businesses and communities.
As the federal economic development department for Western Canada, WD develops and supports economic policies, programs and activities that promote economic growth and assist Western Canada in responding to the economic challenges and opportunities it faces.
With offices in each western province and its headquarters in Edmonton, WD provides a strong federal presence in the economic development of the West. Its western base has enabled the department to develop an understanding of Western Canada and foster extensive partnerships with business and community organizations, research and academic institutions, as well as provincial and municipal governments.
These connections enable the department to identify and support economic opportunities in the West and to leverage its investments to benefit the western Canadian economy. WD’s strong ties to Ottawa, and the federal government across Canada, allow the department to communicate western perspectives to national economic policy and program decision-makers, working within the federal system to ensure that western interests and perspectives are considered in federal decision making.
WD programs strengthen:
- Business Development and Innovation: WD helps small and medium-sized enterprises (SMEs) develop and grow, create jobs, expand their markets, increase their exports, and become more innovative and productive. The department assists SMEs with international business engagement and works to attract investment to the region, as well as assist western Canadian SMEs access opportunities linked to government procurement. Further, WD promotes the development and growth of the knowledge-based economy by building innovation capacity and supporting the commercialization of new knowledge-based products, processes and services. Overall, the department’s investments have contributed to the strengthening of Western Canada’s economy and will provide the foundation for future economic diversification and growth.
- Community Economic Growth: WD helps rural communities sustain their local economies, adjust to changing economic circumstances and invest in public infrastructure. Community Futures receive operating funds to provide western entrepreneurs with the information, training and business loans they need to start and grow their business.
- Policy, Advocacy and Coordination: WD engages in activities that strengthen the western Canadian economy by promoting access to economic opportunities for Western Canada. Primarily, WD works to build strategic relationships with key decision makers across Canada and internationally, coordinates economic development activities, policies and programs across the West, and ensures western Canadian SMEs are positioned to compete for federal procurement contracts with industrial and regional benefit obligations. WD pursues policies and programs that strengthen the western Canadian economy.
WD also delivers national initiatives on behalf of the Government of Canada in Western Canada. These have included the Community Infrastructure Improvement Fund to upgrade and expand western Canadian infrastructure, the Economic Development Initiative aimed at supporting businesses and economic development in western Canadian Francophone communities, as well as programs within the Economic Action Plan. WD’s flexibility and ability to implement programs such as these enables it to respond quickly to the priorities and needs of the West.
To ensure that its programs have the greatest impact on the West, the department will continue to focus on a pan-western approach in strategic areas—business productivity and growth, trade and investment, technology commercialization, and advancing the interests of Western Canada.
Introduction
Western Economic Diversification Canada (WD) is committed to both the spirit and the intent of the Privacy Act (hereinafter referred to as the “Act”), which is based on the principles of open government, and to ensuring the privacy of individuals with respect to their personal information held by the department.
The Act extends the present laws of Canada that protect the privacy of individuals and provide individuals with a right of access to personal information about themselves. It also protects the privacy of individuals by denying third parties access to personal information relating to them and enabling them to exercise strict control over the collection, disclosure and use of such information. Necessary exceptions should be limited and specific.
This report describes how WD administered the Privacy Act during fiscal year 2012–2013, and fulfills the requirements under Section 72 that every government institution must prepare an annual report on the administration of this Act each fiscal year and ensure it is tabled in Parliament.
WD will publish its Annual Report to Parliament on its public web site (www.wd-deo.gc.ca) once it has been tabled in the House of Commons and the Senate.
Administration of the Act
Access to Information and Privacy Unit
Western Economic Diversification Canada’s (WD) Access to Information and Privacy (ATIP) Unit is located in Edmonton, Alberta. The unit oversees the administration of the Act, and is part of the Finance and Corporate Management Directorate. The ATIP Coordinator (Executive Director, Finance and Corporate Management) is supported by the Deputy Access to Information and Privacy Coordinator (Manager, Corporate Administration), and one full-time ATIP Officer.
These individuals are accountable for the development, coordination and implementation of effective policies, guidelines, systems and procedures to ensure the Minister’s responsibilities under the Act are met, and to enable the timely processing and proper disclosure of information to our clients.
The following list outlines the primary responsibilities of WD’s ATIP Unit:
- processing requests in accordance with the Privacy Act;
- responding to consultations submitted by other federal institutions on WD records being considered for release;
- developing and maintaining privacy policies, procedures and guidelines to ensure the Act is respected by staff;
- promoting awareness of the Act within the department to ensure staff is aware of the obligations imposed by the legislation;
- preparing annual reports to Parliament and other statutory requirements, such as annual statistical reports and the department’s Info Source chapter, as well as any material that may be required by central agencies;
- representing WD in dealings with the Treasury Board of Canada Secretariat (TBS), the Privacy Commissioner of Canada and other federal organisations regarding the application of the Act as it relates to WD;
- monitoring compliance with the Act, its regulations as well as relevant procedures and policies;
- providing ongoing advice and guidance to senior management and staff on information management and privacy legislation.
Regional ATIP Liaison Officers (RALOs) are located in each of WD’s regional offices and corporate business units. These seven individuals are the first point of contact and identify the appropriate subject experts, coordinate retrieval of records responding to privacy requests, and liaise between the ATIP Unit and regional staff concerning enquiries. Three of these individuals were new to this role in 2012–2013.
Delegation of Authority
In accordance with section 73 of the Privacy Act, the Honourable Rona Ambrose, Minister of the Public Works and Government Services, Minister for Status of Women and Minister responsible for Western Economic Diversification delegated her full powers, authorities and responsibilities to the Executive Director, Finance and Corporate Management (ATIP Coordinator) and Manager, Corporate Administration (Deputy ATIP Coordinator). The delegation order issued on August 26, 2011, is attached in Annex A.
Departmental Policies and Procedures
There were no changes made to WD’s Privacy Protection policy suite, including the Privacy Protection Procedures Manual, during the 2012–2013 fiscal year as a result of changes in TBS policies or directives, or changes as result of issues raised by the Office of the Privacy Commissioner or other agents of Parliament.
Education, Training and Awareness
Staff training and awareness activities include:
- The ATIP Coordinator, Deputy ATIP Coordinator and ATIP Officer provide ongoing advice on privacy issues to RALOs and staff to increase awareness of the Act, including guidance on how the department processes requests for personal information and Privacy Impact Assessments (PIA).
- WD is exploring training options via videoconference for the 2013–2014 fiscal year; however, no privacy related training or awareness sessions were conducted in 2012–2013.
- WD promoted Data Privacy Day (January 28, 2013) via email to all staff as a news bulletin on the department’s intranet site, as well as displayed information posters entitled Reaching for the Cloud (cloud computing) and Cookies…following the crumbs in all WD offices.
- The department maintains an “Access to Information and Privacy” presence on its intranet site that includes policies, procedures, contact information, past training and awareness presentations, relevant links to useful sites related to access and privacy, as well as “The ATIP Eye” tips.
The Deputy ATIP Coordinator and ATIP Officer attended workshops at the Access and Privacy Conference held in Edmonton in June 2012. The Deputy Coordinator received one-on-one ATIP training in February 2012, and the ATIP Officer also attended the TBS ATIP Coordinators and Practitioners Meeting in February 2013.
Three Regional ATIP Liaison Officers were identified in British Columbia, Saskatchewan and Manitoba regional offices since September 2012. Limited training has been provided for two of these regions, which made changes in the last quarter of 2013. A video conference training session is being planned for fiscal year 2013–2014 for these individuals.
Info Source
WD made minimal changes to its 2012 Info Source chapter. TBS has not identified any issues with the WD chapter; however, it has yet to be published on the TBS Info Source Web site.
The department did not submit any new Personal Information Banks (PIB) to TBS in 2012–2013.
Trends and Statistical Overview
Highlights, Challenges and Trends
- Due to Western Economic Diversification Canada’s (WD) historically small caseload pertaining to requests for access to personal information, multi-year trends are not identified.
- WD recognized Data Privacy Day on January 28, 2013. staff messages and two posters, entitled Reaching for the Cloud (cloud computing) and Cookies...following the crumbs, were placed throughout all WD offices.
- WD continues to share it policy, procedures, best practices and staff awareness materials with other regional development agencies.
Statistical Overview
The following information provides additional context where appropriate to the statistical details found in Annex B – "Statistical Report on the Privacy Act
".
A. Personal Information Requests Received Pursuant to the Privacy Act
WD did not receive any requests for access to personal information under to the Privacy Act in 2012–2013. The department does not historically receive many requests for personal information. As a result, no exemptions or exclusions were applied.
B. Permissible Disclosure of Personal Information
Personal information collected by WD in the course of its programs and activities is being disclosed only for the purpose for which it was collected, in accordance with paragraph 8(2)(a) of the Privacy Act.
WD did not disclose personal information for any other purposes as outlined in paragraph 8(2)(m) during the 2012–2013 reporting period.
C. Complaints and Investigations
WD received no complaints pursuant to the Privacy Act in 2012–2013, and there were no appeals or applications submitted to the Federal Court.
D. Privacy Impact Assessments
WD did not complete any PIAs in 2012–2013 and, therefore, no assessments were forwarded to the Office of the Privacy Commissioner or PIA summaries posted on WD’s public web site.
E. Operational Costs Associated with Administering the Act
WD’s cost for administrating the Privacy Act in the ATIP Unit is estimated as follows:
- ATIP Unit salary costs, including a portion of the ATIP Coordinator’s and Deputy ATIP Coordinator’s salaries, and 15 percent of the ATIP Officer’s salary (a total of .19 FTE/year); and
- goods and services, including professional services contracts.
| ATIP Unit Salaries | $14,547 |
|---|---|
| Goods and Services | $713 |
| Total ATIP Unit Costs | $15,260 |
The salary costs are a best estimate of the time spent providing general advice and guidance to staff on privacy issues, as well as ongoing advice for a Privacy Impact Assessment under development.
Annex A - Access to Information Act and Privacy Act Delegation Order
Text version: Access to Information Act and Privacy Act Delegation Order
top of pagePrivacy Act and Privacy Act Delegation Order
| Sections of the Act | Powers and Duties | Position |
|---|---|---|
| 7(a) | Notice where access requested |
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| 8(1) | Transfer to – transfer from institution |
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| 9 | Extension of time limits |
|
| 11(2), (3), (4), (5), (6) | Additional fees |
|
| 12(2) | Language of access |
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| 12(3) | Access in an alternative format |
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| 13 | Information obtained in confidence |
|
| 14 | Federal-provincial affairs |
|
| 15 | International affairs and defence |
|
| 16 | Law enforcement and investigations |
|
| 17 | Safety of individuals |
|
| 18 | Economic interests of Canada |
|
| 19 | Personal information |
|
| 20 | Third party information |
|
| 21 | Advice, etc. |
|
| 22 | Testing procedures, tests and audits |
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| 23 | Solicitor-client privilege |
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| 24 | Statutory prohibitions |
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| 25 | Severance |
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| 26 | Refusal of access where information to be published |
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| 27(1), (4) | Third party notification |
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| 28(1), (2), (4) | Third party notification |
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| 29(1) | Disclosure on recommendation of Information Commissioner |
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| 33 | Advise Information Commissioner of third party involvement |
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| 35(2) | Right to make representations |
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| 37(4) | Access to be given complainant |
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| 43(1) | Notice of third party (application to Federal Court for review) |
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| 44(2) | Notice to applicant (application to Federal Court by third party) |
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| 52(2), (3) | Special rules of hearings |
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| 69 | Excluded information |
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| 71(2) | Exempt information severed from manuals |
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| 77 | Responsibilities conferred on the head of the institution by the regulations made under section 77 which are not included above |
|
Privacy Regulations Delegation of Authority Schedule
| Sections of the Act | Powers and Duties | Position |
|---|---|---|
| 9 | Reasonable facilities and time provided to examine personal information |
|
| 11(2) | Notification that correction to personal information has been made |
|
| 11(4) | Notification that correction to personal information has been refused |
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| 13(1) | Disclosure of personal information relating to physical and mental health may be made to a qualified medical practitioner or psychologist for an opinion on whether to release information to the requestor |
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| 14 | Disclosure of personal information relating to physical or mental health may be made to a requestor in the presence of a qualified medical practitioner or psychologist |
|
Annex B – 2012–2013 Statistical Report on the Privacy Act
Name of institution: Western Economic Diversification Canada
Reporting Period: 4/1/2012 to 3/31/2013
Part 1 – Requests under the Requests under the Privacy Act
| Number of Requests | |
|---|---|
| Received during reporting period | 0 |
| Outstanding from previous period | 0 |
| Total | 0 |
| Closed during reporting period | 0 |
| Carried over to next reporting period | 0 |
Part 2 – Request closed during the reporting period
2.1 Disposition and completion time
| Disposition of requests |
Number of 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 |
| No records exist | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Request transferred | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 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) | 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 |
| 23(a) | 0 |
| 23(b) | 0 |
| 24(a) | 0 |
| 24(b) | 0 |
| 25 | 0 |
| 26 | 0 |
| 27 | 0 |
| 28 | 0 |
2.3 Exclusions
| Section | Number of Requests |
|---|---|
| 69(1)(a) | 0 |
| 69(1)(b) | 0 |
| 69.1 | 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
| Disposition | Paper | Electronic | Other formats |
|---|---|---|---|
| All disclosed | 0 | 0 | 0 |
| Disclosed in part | 0 | 0 | 0 |
| Total | 0 | 0 | 0 |
2.5 Complexity
2.5.1 Relevant pages processed and disclosed
| Disposition of requests | Number of pages processed |
Number of pages disclosed |
Number of requests |
|---|---|---|---|
| All disclosed | 0 | 0 | 0 |
| Disclosed in part | 0 | 0 | 0 |
| All exempted | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 |
| Request abandoned | 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 |
|||||
|---|---|---|---|---|---|---|---|---|---|---|
| Requests | Pages Disclosed |
Requests | Pages Disclosed |
Requests | Pages Disclosed |
Requests | Pages Disclosed |
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 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Abandoned | 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 |
Assessment of fees |
Legal advice sought |
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 |
| Abandoned | 0 | 0 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 | 0 | 0 |
2.6 Deemed refusals
2.6.1 Reasons for not meeting the statutory deadline
| Number of requests closed past the statutory deadline |
Principal Reason | |||
|---|---|---|---|---|
| Workload | External consultation |
Internal consultation |
Other | |
| 0 | 0 | 0 | 0 | 0 |
2.6.2 Number of days past deadline
| Number of days past deadline |
Number of requests past deadline where no extension was taken |
Number of requests past deadline 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 |
2.7 Requests for translation
| Translation Requests | Accepted | Refused | Total |
|---|---|---|---|
| English to French | 0 | 0 | 0 |
| French to English | 0 | 0 | 0 |
| Total | 0 | 0 | 0 |
Part 3 – Disclosures under subsection 8(2)
| Paragraph 8(2)(e) | Paragraph 8(2)(m) | Total |
|---|---|---|
| 0 | 0 | 0 |
Part 4 – Requests for correction of personal information and notations
| Number | |
|---|---|
| Requests for correction received | 0 |
| Requests for correction accepted | 0 |
| Requests for correction refused | 0 |
| Notations attached | 0 |
Part 5 – Extensions
5.1 Reasons for extensions and disposition of requests
| Disposition of requests where an extension was taken |
15(a)(i) Interference with operations |
15(a)(ii) Consultation |
15(b) Translation or coversation |
|
|---|---|---|---|---|
| Section 70 | Other | |||
| All disclosed | 0 | 0 | 0 | 0 |
| Disclosed in part | 0 | 0 | 0 | 0 |
| All exempted | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 |
| No records exist | 0 | 0 | 0 | 0 |
| Request abandoned | 0 | 0 | 0 | 0 |
| Total | 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 |
|
|---|---|---|---|---|
| Section 70 | Other | |||
| 1 to 15 days | 0 | 0 | 0 | 0 |
| 16 to 30 days | 0 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 | 0 |
Part 6 – Consultations received from other institutions and organizations
6.1 Consultations received from other institutions and organizations
| Consultations | Other government institutions |
Number of pages to review |
Other organizations |
Number of pages to review |
|---|---|---|---|---|
| Received during reporting period | 0 | 0 | 0 | 0 |
| Outstanding from the previous reporting period |
0 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 | 0 |
| Closed during reporting period | 0 | 0 | 0 | 0 |
| Pending at the end of the reporting period |
0 | 0 | 0 | 0 |
6.2 Recommendations and completion time for consultations received from other government 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 | |
| Disclose entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Disclose in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exclude entirely | 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 | |
| Disclose entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Disclose in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exclude entirely | 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 |
Part 7 – Completion time of consultations on Cabinet confidences
| Number of days | Number of responses received |
Number of responses recieved past deadline |
|---|---|---|
| 1 to 15 days | 0 | 0 |
| 16 to 30 days | 0 | 0 |
| 31 to 60 days | 0 | 0 |
| 61 to 120 days | 0 | 0 |
| 121 to 180 days | 0 | 0 |
| 181 to 365 days | 0 | 0 |
| More than 365 days | 0 | 0 |
| Total | 0 | 0 |
Part 8 – Resources related to the Privacy Act
8.1 Costs
| Expenditures | Amount | |
|---|---|---|
| Salaries | $14,547 | |
| Overtime | $0 | |
| Goods and Services | $713 | |
| * Contracts for privacy impact assessments | $0 | |
| * Professional services contracts | $713 | |
| * Other | $0 | |
| Total | $15,260 | |
8.2 Human Resources
| Resources | Dedicated full-time | Dedicated part-time | Total |
|---|---|---|---|
| Full-time employees | 0.19 | 0.00 | 0.19 |
| Part-time and casual employees | 0.00 | 0.00 | 0.00 |
| Regional staff | 0.00 | 0.00 | 0.00 |
| Consultants and agency personnel | 0.00 | 0.00 | 0.00 |
| Students | 0.00 | 0.00 | 0.00 |
| Total | 0.19 | 0.00 | 0.19 |
Appendix A
| Institution | Number of Completed PIAs |
|---|---|
| Western Economic Diversification Canada | 0 |
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