2013–14 Annual Report to Parliament — Privacy Act

This publication is available upon request in accessible formats.

Contact:
Access to Information and Privacy Coordinator
Federal Economic Development Agency for Southern Ontario
155 Queen Street, 14th Floor
Ottawa, Ontario
K1A 0H5
Telephone: 613-954-2880
Fax: 613-952-9026
Email: atip-aiprp@feddevontario.gc.ca

Table of Contents

• Introduction
• About the Organization
  • Raison d'être
  • Responsibilities
  • Scope of Operations
• Structure of the Access to Information and Privacy Office
• Delegation of Authority
• Statistics
  • Disposition and Completion Time
  • Exemptions and Exclusions
  • Operational Costs to Administer the Privacy Act
• Education and Training
• Institutional Policies and Procedures
• Complaints, Audits and Investigations
• Processing Times
• Material Privacy Breaches
• Privacy Impact Assessment
• Disclosure Pursuant to Paragraph 8(2)(m)

• Annex A — Structure of Access to Information and Privacy Office
• Annex B — Delegation Order
• Annex C — Statistical Report

Introduction

The purpose of the Privacy Act (the Act) "is to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution and that provide individuals with a right of access to that information" (Section 2 of the Act). The Act also protects an individual's privacy by preventing others from having access to that personal information and allows an individual specific rights concerning the collection and use of his or her information.

Section 72 of the Act requires that the head of every government institution prepare, for submission to Parliament, an annual report on the administration of the Act within the institution during each financial year. For the Federal Economic Development Agency for Southern Ontario (FedDev Ontario), the President has been designated as the head of the institution by order in council.

This annual report describes how FedDev Ontario, in its fifth year of operation, administered its responsibilities under the Act.

About the Organization

Raison d'être

As Canada's most populous region—home to more than 12 million residents living in 288 communities—southern Ontario's economy is a key contributor to the health of the Canadian economy. In 2009, the Government of Canada created FedDev Ontario with a five-year mandate. Budget 2013 renewed FedDev Ontario for an additional five years, beginning April 2014. To fulfill its mandate, FedDev Ontario supports the competitiveness, innovation, and diversification of southern Ontario's economy by delivering strategic investments to businesses, not-for-profit organizations and communities; establishing and strengthening collaborative partnerships with key economic stakeholders; and representing the region's interests at the federal and national levels.

Responsibilities

FedDev Ontario is aware of the changing economic landscape in the region and has developed another suite of initiatives during its second mandate that will continue to help the region achieve economic prosperity. FedDev Ontario works to support sustainable and long-term economic benefits for the region, contributing to a strong and prosperous Ontario, to ensure a strong and prosperous Canada.

Scope of Operations

FedDev Ontario is headquartered in Kitchener-Waterloo and has regional offices in Ottawa, Peterborough and Toronto. Its mandate covers southern Ontario, which includes 37 Statistics Canada census divisions. According to Statistics Canada's annual population estimates for 2013, this area has a population of over 12.7 million, representing 93.6 percent of Ontario's total population and 36 percent of the total population of Canada.

FedDev Ontario is part of the Industry Canada portfolio. Its President oversees Agency operations and resources, and reports to the Honourable Gary Goodyear, Minister of State (FedDev Ontario).

Structure of the Access to Information and Privacy Office

Responsibility for processing requests received under the Privacy Act rests with the Access to Information and Privacy (ATIP) Coordinator who reports to the Corporate Secretary of the Agency. The ATIP Coordinator oversees the implementation of the Access to Information Act and the Privacy Act within FedDev Ontario, and ensures compliance with the legislation. The ATIP office structure also includes one officer, as per the organizational chart in Annex A.

The ATIP Coordinator is responsible for the development, coordination and implementation of effective policies, guidelines and procedures necessary to manage the Agency's compliance with the Acts. The ATIP office, which is located in Ottawa's regional office, responds to all formal requests submitted under the applicable Act.

The administration of the above Acts at FedDev Ontario is also facilitated at the branch and regional office levels. Each organizational branch has a liaison officer (reporting to a Vice-President or Director General) who coordinates activities on the administrative processes and procedures of these Acts.

Delegation of Authority

The current ATIP Delegation Order was approved by the former President of the Agency in June 2010 until August 2013. The Annual Report for 2014-15 will reflect the new Delegation Order signed by the current President as of April 2014. This provides full delegated authority to the Corporate Secretary and the ATIP Coordinator. The designation of the Corporate Secretary position is for the purpose of providing strategic support and advice to the executive management of the Agency concerning ATIP issues, if and when required. For all daily ATIP activities and operations, the ATIP Coordinator exercises full responsibility. A copy of the ATIP Delegation Order is attached in Annex B.

Statistics

FedDev Ontario received and completed 12 privacy requests from April 1, 2013 to March 31, 2014. This represents an increase of 300 percent compared to the previous period. A detailed statistical report on privacy requests is attached in Annex C.

Disposition and Completion Time

Of the 12 requests completed, seven were completed within the legislated 30 days or less and five were completed within the 31 to 60 days completion time range. In nine instances, requesters were granted partial disclosure; in one instance, no records existed; and in two instances, the request was abandoned by the requester.

Of the remaining nine requests for which FedDev Ontario held responsive records, a total of 4,691 pages were processed and 2,199 pages were disclosed.

FedDev Ontario did not meet the statutory deadline of the Act in three instances due to workload.

Exemptions and Exclusions

As noted in Annex C, exemptions under sections 26 and 27 of the Act were invoked by FedDev Ontario. No exclusions were cited by the Agency.

In two instances, an extension beyond the 30 day statutory limit was taken in order to prevent unreasonable interference with the operations of FedDev Ontario.

Operational Costs to Administer the Privacy Act

Annex C reflects the cost for the privacy component of the ATIP office. Non-salary costs are estimated at $11,427, salary-related costs are estimated at $72,480, overtime-related costs are estimated at $7,943, and full-time employees utilized are estimated at 1.21 full time employees.

Including both the ATIP office and FedDev Ontario officials for this period, the total salary costs associated with the Act activities are estimated at $89,754, and the associated human resources are estimated at 1.31 full-time employees.

Education and Training

The Agency did not deliver privacy-specific training during the reporting period, however, the ATIP Coordinator was available to all employees involved in processing the privacy requests received and did provide coaching to these employees when it was requested.

Procedural information for processing privacy requests is posted on the Agency's wiki.

Institutional Policies and Procedures

An ATIP page is available on the external FedDev Ontario website. The page contains general information for the public, points of contact, and links to other key departments and agencies.

FedDev Ontario's internal procedures are reviewed periodically to maintain compliance with Treasury Board Secretariat's policies and guidelines.

Complaints, Audits and Investigations

There were no complaints received and no audits or investigations concluded concerning the administration of the Act during this reporting period.

Processing Times

The ATIP Office monitors the time to process privacy requests on an ongoing basis using the ATIP requests management software in order to ensure compliance with established deadlines. The Corporate Secretary, Vice-Presidents, Directors General or the Office of the President are notified as appropriate.

Material Privacy Breaches

No material privacy breaches occurred during this reporting period.

Privacy Impact Assessment

During this reporting period, FedDev Ontario did not initiate any Privacy Impact Assessments and, therefore, no assessments were forwarded to the Office of the Privacy Commissioner.

Disclosure Pursuant to Paragraph 8(2)(m)

There were no disclosures pursuant to paragraph 8(2)(m) for the period April 1, 2013 to March 31, 2014.

Annex A – Structure of Access to Information and Privacy Office

Figure: Structure of Access to Information and Privacy Office

Annex B – Delegation Order

Access to Information Act and Privacy Act Delegation Order

The President of the Federal Economic Development Agency for Southern Ontario, pursuant to section 73 to the Access to Information Act and the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers and functions of the President as the head of a government institution, under the section of the Acts set out in the schedule opposite each position. This Delegation Order supersedes all previous Delegation Orders.

Schedule

and

Dated, at the City of Kitchener
This 22nd day of June, 2010

Original signed by B.A. (Bruce) Archibald, Ph. D., President
Federal Economic Development Agency for Southern Ontario

Annex C – Statistical Report

Part 1 — Requests under the Privacy Act

Part 2 — Requests closed during the reporting period

2.1 Disposition and completion time

2.2 Exemptions

2.3 Exclusions

2.4 Format of information released

2.5 Complexity

2.5.1 Relevant pages processed and disclosed

2.5.2 Relevant pages processed and disclosed by size of requests

2.5.3 Other complexities

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline

2.6.2 Number of days past deadline

2.7 Requests for translation

Part 3 — Disclosures under subsection 8(2)

Part 4 — Requests for correction of personal information and notations

Part 5 — Extensions

5.1 Reasons for extensions and disposition of requests

5.2 Length of extensions

Part 6 — Consultations received from other institutions and organizations

6.1 Consultations received from other government institutions and organizations

6.2 Recommendations and completion time for consultations received from other government institutions

6.3 Recommendations and completion time for consultations received from other organizations

Part 7 — Completion time of consultations on Cabinet confidences

Part 8 — Resources related to the Privacy Act

8.1 Costs

8.2 Human Resources