2020–21 Annual Report to Parliament: Privacy Act

Federal Economic Development Agency for Southern Ontario

April 1, 2020 to March 31, 2021

This publication is available upon request in accessible formats.

Contact:

Access to Information and Privacy Coordinator
Federal Economic Development Agency for Southern Ontario
410 Laurier Avenue West, 3rd Floor
Ottawa, Ontario K1A 0H5

Telephone: 613-371-3706
Email: atip-aiprp@feddevontario.gc.ca

This publication is also available online at the following address:
http://www.feddevontario.gc.ca/eic/site/723.nsf/eng/h_02119.html

Permission to Reproduce

The information in this publication may be reproduced for non-commercial use, in part or in whole and by any means, without charge or further permission from the Federal Economic Development Agency for Southern Ontario (FedDev Ontario), provided that due diligence is exercised in ensuring the accuracy of the information reproduced; that FedDev Ontario is identified as the source institution; and that the reproduction is not represented as an official version of the information reproduced, nor as having been made in affiliation with, or with the endorsement of, FedDev Ontario.

For permission to reproduce the information in this publication for commercial redistribution, please call: 1-866-593-5505, write to: Communications Branch, Federal Economic Development Agency for Southern Ontario, 101-139 Northfield Dr. West, Waterloo, Ontario N2L 5A6 or email to: communications@feddevontario.gc.ca.

PDF Cat. No.: Iu93-1/2E-PDF
ISSN 2370-036X

© Her Majesty the Queen in Right of Canada, as represented by the Minister responsible for the Federal Economic Development Agency for Southern Ontario, 2021.

Table of Contents

1. Introduction
2. About the organization
   1. Raison d'être
   2. Scope of operations
3. Structure of the Access to Information and Privacy Office
4. Delegation of authority
5. Statistics
   1. Disposition and completion time
   2. Exemptions and exclusions
6. Education and training
7. Institutional policies and procedures
8. Complaints, audits and investigations
9. Processing times
10. Material privacy breaches
11. Privacy impact assessment
12. Disclosure pursuant to paragraph 8(2)(m)
13. Annex A – Structure of Access to Information and Privacy Office
14. Annex B – Delegation order
15. Annex C – Statistical report on the Privacy Act

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. The Act also protects an individual's privacy by preventing others from having access to that personal information and provides individuals with specific rights concerning the collection and use of their personal 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 Agency), the president was the designated head of the institution by Order in Council during the reporting period. Tabling of the report shall be laid before each House of Parliament within three months after the financial year in respect of which it is made or, if the House is not then sitting, on any of the first fifteen days next thereafter that it is sitting.

This Annual Report describes how FedDev Ontario, in its twelfth year of operation, administered its responsibilities under the Act.

About the organization

Raison d'être

FedDev Ontario's mandate is to strengthen southern Ontario's capacity for innovation, economic development and growth and to promote a dynamic, inclusive and globally competitive southern Ontario. The Agency works toward this goal by providing funding opportunities and business services that:

• support businesses' efforts to scale up, create jobs and boost their productivity;
• strengthen regional innovation ecosystems; and
• support communities to develop and diversify their economies.

Scope of Operations

FedDev Ontario is headquartered in Waterloo and has regional offices in Ottawa, Peterborough and Toronto. Its mandate covers southern Ontario, which includes 37 Statistics Canada census divisions.

FedDev Ontario's president oversees Agency operations and resources and reports to the Minister responsible for the Federal Economic Development Agency for Southern 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. The ATIP Coordinator oversees the administration of the Access to Information Act and the Privacy Act (the Acts) within FedDev Ontario and ensures compliance with the legislation. The ATIP office structure also includes a parliamentary liaison and ATIP officer as per the organizational chart in Annex A.

The ATIP Coordinator is responsible for all daily ATIP activities and operations, as well as 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 both Acts at FedDev Ontario is also facilitated at the branch and regional office levels. Each organizational branch has a liaison officer who coordinates activities on the administrative processes and procedures of the Acts.

Delegation of authority

The current ATIP Delegation Order was approved on September 23, 2021 by the president. It provides full delegated authority to the ATIP Coordinator and to the Corporate Secretary. A copy of the ATIP Delegation Order is attached in Annex B.

Statistics

FedDev Ontario received one privacy request from April 1, 2020 to March 31, 2021. This represents a decrease of 80 percent compared to the previous reporting period. A detailed statistical report on privacy requests is attached in Annex C.

Disposition and Completion Time

Of the four requests active during the reporting period, two were closed and two were carried over to the next reporting period. Of the requests closed, one was completed within 365 days and one was abandoned by the requester.

Exemptions and Exclusions

As noted in Annex C, section 26 of the Act, relating to personal information belonging to another individual, was invoked by FedDev Ontario. No exclusions were cited by the Agency.

One extension beyond the 30-day statutory limit was taken.

Education and training

Due to the pandemic and the corresponding Government of Canada and public health requirements, there was no in-person ATIP training during the 2020–21 fiscal year. Training via Microsoft Teams or Zoom is being planned.

All FedDev Ontario employees are required to take the Canada School of Public Service course on Access to Information and Privacy Fundamentals. Between April 1, 2020 and March 31, 2021, 44 people completed the course

Throughout the reporting period, the ATIP Coordinator provided ongoing advice and coaching to employees on privacy related matters as required.

Institutional policies and procedures

The ATIP office determines and implements best practices on an ongoing basis as topics arise.

FedDev Ontario's internal procedures are reviewed periodically to ensure compliance with Treasury Board Secretariat's policies and guidelines. Guidelines and procedures are provided to staff as part of the tasking documentation when they are tasked to respond to a privacy request

Complaints, audits and investigations

There were no complaints received and no audits or investigations undertaken 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, director generals and/or the Office of the President are notified as appropriate.

Material privacy breaches

No material privacy breach 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, 2020, to March 31, 2021.

Annex A – Structure of Access to Information and Privacy Office

Access to Information and Privacy Office

Annex B – Delegation Order

Annex C – Statistical Report on the Privacy Act

Name of institution: FedDev Ontario

Reporting period: 2020-04-01 to 2021-03-31

Section 1: Requests Under the Privacy Act

1.1 Number of requests

Section 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 Closed requests

2.6.1 Number of requests closed within legislated timelines

2.7 Deemed refusals

2.7.1 Reasons for not meeting legislated timelines

2.7.2 Requests closed beyond legislated timelines (including any extension taken)

2.8 Requests for translation

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

Section 4: Requests for Correction of Personal Information and Notations

Section 5: Extensions

5.1 Reasons for extensions and disposition of requests

5.2 Length of extensions

Section 6: Consultations Received from Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and organizations

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

6.3 Recommendations and completion time for consultations received from other organizations

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

7.2 Requests with Privy Council Office

Section 8: Complaints and investigations

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

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

11.2 Human Resources