2018 to 2019 Annual Report on the Access to Information Act and the Privacy Act

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ISSN 2562-623X

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Introduction

Public Services and Procurement Canada (PSPC) is pleased to present to Parliament its annual report on the administration of the Access to Information Act and the Privacy Act. This integrated report describes the activities that support compliance with both acts for the fiscal year commencing April 1, 2018 and ending March 31, 2019.

Section 72 of each act requires that the head of every federal government institution submit an annual report to Parliament on the administration of the Access to Information Act and the Privacy Act during the fiscal year.

In the spirit of efficiency, ease of access and continuous improvement, PSPC has decided to submit an integrated annual report in response to this obligation.

Purpose of the acts

Access to Information Act

The purpose of the Access to Information Act (ATIA) is to provide a right of access to records under the control of a government institution. The act maintains that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government.

Privacy Act

The purpose of the Privacy Act (PA) 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 PA protects an individual's privacy by preventing others from having unlawful access to personal information. It also grants an individual specific rights regarding the collection, use and disclosure of this information.

About Public Services and Procurement Canada

Public Services and Procurement Canada, formerly Public Works and Government Services Canada, derives its mandate from the Department of Public Works and Government Services Act of 1996, which established the department as a common service provider. As such, the department plays an important role in the daily operations of the Government of Canada as a key provider of services for federal departments and agencies. The department supports others in the achievement of their mandated objectives as their central purchasing agent, linguistic authority, real property manager, treasurer, accountant, integrity adviser, and pay and pension administrator.

Headquartered in the National Capital Region, PSPC has regional offices in Alberta, British Columbia, Nova Scotia, Ontario, Quebec, as well as Washington, USA and Koblenz, Germany.

Delegation of authority

Pursuant to Section 73 of the Access to Information Act and the Privacy Act, the Minister of Public Services and Procurement Canada has delegated the power, duties, and functions of the administration of the acts to the Access to Information and Privacy (ATIP) director and managers (with the exception of paragraph 8(2)(m) of the Privacy Act). Certain administrative functions are also delegated to ATIP managers, team leaders and senior analysts to accelerate request processing.

An excerpt of the delegation of authorities approved by the Minister, pertaining to delegation under the acts is attached as Annex A: Delegation of authorities charts for the Access to Information Act and Privacy Act.

The PSPC delegation instrument is currently under review, with the intention of creating a separate order for ATIP delegation.

Organizational structure

The Access to Information and Privacy (ATIP) Directorate is responsible for the administration of the Access to Information Act and the Privacy Act within the Department of Public Services and Procurement Canada. The ATIP director acts as the department's ATIP Coordinator. The directorate is overseen by the Director General of Corporate Secretariat and Accessibility (CSA), who is also the department's Chief Privacy Officer (CPO).

In the 2018 to 2019 fiscal year, 49.6 full-time equivalent (FTE) employees administered the acts with the support of consultant services composed of 3.85 FTEs, casual and students composed of 4.21 FTEs, for a total complement of 57.66 FTEs.

Access to Information and Privacy reporting structure at Public Services and Procurement Canada

Access to Information and Privacy reporting structure at Public Services and Procurement Canada – Text version below the graph

Text version

Chart summary

This organizational chart displays a hierarchy beginning with the Access to Information and Privacy coordinator of PSPC at the top. Directly below the Access to Information and Privacy coordinator are 5 units who report to the coordinator:

  • The coordinator's office and special projects team implements new initiatives to modernize the ATIP directorate
  • The administration team carries out administrative functions for the ATIP directorate, including scanning of requests
  • The operations team processes requests received under the ATIA and PA, liaises with the offices of the Information and Privacy Commissioners to resolve complaints
  • The privacy management team advises and supports the department in the management of privacy risk, ensuring compliance with privacy legislation and related policy instruments
  • The ATIP Policy and governance team develops ATIP policies and procedures, provides advice, delivers training and promotes awareness

Below these units there is another level for ATIP liaison officers, who coordinate the retrieval, review and submission of information held by their branch in response to ATIP requests.

During the reporting period, the directorate's privacy policy and governance unit was divided into the privacy management and policy and governance units respectively. The new privacy management unit focusses its work on providing advice on the privacy related matters, the Privacy Act, and department-wide management of privacy risks. The ATIP policy and governance unit's mandate will concentrate on a strategic approach to promoting awareness of ATIP legislation within the department, and ensuring that necessary tools (including policies, procedures and training) are in place to support the ATIP Directorate, the ATIP liaison officers within each branch and the department as a whole.

Highlights of the Statistical Report for 2018 to 2019

Requests received

Access to information requests received and completed

Volume of access to information requests received and completed by fiscal year – Text version below the chart.

Text version
Chart summary: Access to information requests received and completed
  • 2012 to 2013: 810 requests received, 813 completed
  • 2013 to 2014: 718 requests received, 829 completed
  • 2014 to 2015: 691 requests received, 641 completed
  • 2015 to 2016: 863 requests received, 886 completed
  • 2016 to 2017: 1295 requests received, 1163 completed
  • 2017 to 2018: 1202 requests received, 969 completed
  • 2018 to 2019: 1144 requests received, 1178 completed

The department received a total of 1,144 requests pursuant to the ATIA in the 2018 to 2019 reporting period, which represents a decrease of 5% compared to the previous year. The total number of requests received in this reporting period is 66% greater than the number of requests received 5 years ago (fiscal year 2014 to 2015). Due to the growth of ATI requests received in recent years, the compliance rate was 75% for the reporting period, although PSPC successfully closed over 200 more files than the previous year.

The majority of the access to information requests received by the department during 2018 to 2019 related to contracts and briefing notes on various topics. Of the 1,178 files closed during the reporting period, 180 files (15%) related to the topic of national defence. Given the nature of the information they contain, these files are generally voluminous, highly technical, sensitive and extremely complex. The ATIP Directorate dedicates a team of knowledgeable and experienced employees to the review of defence files.

Privacy requests received and completed

Volume of privacy requests received and completed by fiscal year – Text version below the chart.

Text version
Chart summary: Privacy requests received and completed
  • 2012 to 2013: 74 requests received, 81 completed
  • 2013 to 2014: 352 requests received, 301 completed
  • 2014 to 2015: 166 requests received, 224 completed
  • 2015 to 2016: 255 requests received, 241 completed
  • 2016 to 2017: 485 requests received, 245 completed
  • 2017 to 2018: 583 requests received, 686 completed
  • 2018 to 2019: 559 requests received, 570 completed

Public Services and Procurement Canada received a total of 559 privacy requests in the 2018 to 2019 reporting period, which represents a decrease of 4% from the previous year. The overall compliance rate was 77% for the reporting period, a significant increase from the 47% compliance rate from the previous reporting period. The requests were mainly related to pension and pay files, labour relations matters, employment, staffing and security records.

Pages reviewed

Number of pages reviewed under the Access to Information Act and the Privacy Act by fiscal year – Text version below the chart.

Text version
Chart summary
Fiscal year Pages reviewed for requests under the Access to Information Act Pages reviewed for requests under the Privacy Act
2013 to 2014 255,000 47,000
2014 to 2015 194,000 63,000
2015 to 2016 215,000 41,000
2016 to 2017 241,000 103,000
2017 to 2018 210,000 257,000
2018 to 2019 225,000 271,000

In 2018 to 2019, PSPC reviewed 224,771 pages for requests received under the Access to Information Act, which represents a 7% increase from the previous fiscal year. During the reporting period PSPC reviewed 271,332 pages for requests received under the Privacy Act, which represents a 6% increase from the previous reporting period. In total, the ATIP Directorate reviewed 469,103 pages in 2018 to 2019, an increase of over 29,000 pages from the previous fiscal year.

As of March 31, 2019, the department's backlog related to the ATIA consisted of 343 requests, representing over one million pages to be reviewed. The department is also managing a smaller backlog of 9 requests pursuant to the Privacy Act, which represents over 150,000 pages to be reviewed. The department has implemented a strategy to manage the backlog with resources dedicated to the closure of late files. It is expected that there will be further progress toward eliminating the backlog during the 2019 to 2020 reporting period. The department continues to work closely with the Offices of the Information Commissioner of Canada and the Privacy Commissioner of Canada in addressing this issue.

Sources of requests under the Access to Information Act

As with the previous fiscal year, during the 2018 to 2019 reporting period PSPC received the majority (76.45%) of its requests under the Access to Information Act from 3 sources: the media (31%), members of the public (26%) and private sector businesses (19%). 2018 to 2019 saw a decrease in the percentage of requesters who declined to identify themselves from the previous year.

Sources of requests

Volume and percentage of access to requests received by source—Text version below the chart

Text version
Chart summary: Sources of requests
  • Media: 355 requests (31.03%, an increase of 17% from the previous reporting period)
  • Public: 300 requests (26.22%, a decrease of 10% from the previous reporting period)
  • Business: 220 requests (19.23%, an increase of 2% from the previous reporting period)
  • Declined to Identify: 205 requests (17.92%, a decrease of 29% from the previous reporting period)
  • Organization: 50 requests (4.37%, an increase of 2% from the previous reporting period)
  • Academia: 14 requests (1.22%, an increase 27% from the previous reporting period)

Informal access requests under the Access to Information Act

PSPC publishes summaries of completed access to information requests, pertaining to records that do not contain personal or third party information, on the Open Government Portal. Members of the public can then submit informal requests for a copy of previously released information without having to pay the application fee.

In fiscal year 2018 to 2019, PSPC processed 311 informal access to information requests, which represents an increase of more than 150% from the 123 informal requests processed during the 2017 to 2018 reporting period.

Exemptions

Access to Information Act

The department invoked exemptions on 601 requests (51%), and all information was disclosed in 336 requests (29%). The remaining 229 (20%) were either abandoned, transferred or no records existed.

The majority of exemptions invoked by PSPC fell under 3 sections of the Access to Information Act:

  • section 19(1), which protects personal information, was used in 333 files (28%)
  • paragraph 20(1)(b), which protects confidential financial, commercial, scientific or technical information belonging to a third party, was used in 249 files (21%)
  • paragraph 20(1)(c), which protects information the disclosure of which could result in material financial loss or prejudice the competitive position of a third party, in 172 files (15%)

Of note, more than 1 section (exemption) can be applied to a specific request.

Privacy Act

The department invoked exemptions on 207 requests (37%), and all information was disclosed in 259 requests (45%). The remaining 104 requests (18%) were either abandoned or no records existed.

The majority of exemptions invoked by PSPC fell under 3 sections of the Privacy Act:

  • section 26, which protects personal information, was used in 198 files (35%)
  • paragraph 22(1)(b), which addresses law enforcement and criminal investigations, was used in 11 files (2%)
  • section 27, which protects solicitor-client privilege information, was used in 5 files (1%)

Of note, more than 1 section (exemption) can be applied to a specific request.

Exclusions

The Access to Information Act and Privacy Act do not apply to or exclude certain types of information, specifically records that are already available to the public (Section 68 of the ATIA) and confidence of the Queen's Privy Council (Section 69 of the ATIA and Section 70 of the PA).

Overall in the 2018 to 2019 reporting period, PSPC applied exclusions to records requested under the Access to Information Act on one occasion pursuant to Section 68, and cited Section 69 in 90 exclusions.

No exclusions were applied under the Privacy Act during the reporting period.

Disclosure of personal information under subsection 8(2)

In accordance with subsection 8(2) of the Privacy Act, under certain circumstances, a government institution may disclose personal information under its control without the consent of the individual to whom the information relates.

Four disclosures of personal information were made during the reporting period under the PA, 3 pursuant to paragraph 8(2)(e), releasing the information of 4 individuals, and 1 disclosure pursuant to paragraph 8(2)(m), releasing the information of one individual.

Consultations

PSPC responded to 397 consultations from other government institutions and organizations for records relating to the department's activities. These consultations totaled 33,797 pages, with 393 files (33,756 pages) relating to the Access to Information Act and 4 files (41 pages) relating to the Privacy Act.

A total of 88% of consultation files were responded to within 60 days against 61% for formal requests.

Of the 393 access to information consultations, 62 files (16%) were on the topic of defence with a higher level of sensitivity and complexity requiring more time and resources to review.

Extensions

Section 9 of the Access to Information Act permits the statutory time limits to be extended if consultations are necessary or if the request is for a larger volume of records, and processing it within the original time limit would unreasonably interfere with the operations of the department.

PSPC invoked a total of 531 extension during the 2018 to 2019 reporting period. Extensions were required in 338 instances in order to allow consultations with other government institutions. In 155 files, third party consultations were necessary and extensions taken accordingly. Extensions were required in 38 cases where the request necessitated a search through a large volume of records, which otherwise would have interfered with operations.

Section 15 of the Privacy Act permits the statutory time limits to be extended if consultations are necessary, if translation is required or if the request is for a large volume of records and processing it within the original time limits would unreasonably interfere with the operations of the department.

PSPC invoked a total of 71 extensions during the 2018 to 2019 reporting period. Of these, 60 were deemed necessary to allow the department to search for or through a large volume of records or to respond to the influx of records, or both, which interfered with operations. A further 11 files required extensions to allow for consultations with other institutions prior to responding. The department did not invoke any extensions for the purpose of translation.

Completion times

Access to information requests

Percentage of access to information requests completed within certain timeframes - Text version below the chart

Text version
Chart summary
Completion time Access to information requests
Within 30 days 46.10%
31 to 60 days 14.43%
61 to 120 days 20.80%
121 days or more 18.68%

Privacy requests

Percentage of privacy requests completed within certain timeframes -Text version below the chart

Text version
Chart summary
Completion time Privacy requests
Within 30 days 68.60%
31 to 60 days 22.11%
61 to 120 days 8.07%
121 days or more 1.23%

PSPC's overall compliance rate for to 2018 to 2019 reporting period was 75.38% for requests under the Access to Information Act and 77.37% for requests under the Privacy Act. These compliance rates represent all files which were completed either within the initial 30 days or within an extension period taken for reasons of volume or consultations.

The percentage of access to information requests completed within the initial 30 days was 46.10%. Given the nature of PSPC's mandate as a service provider and central purchasing agent, the department is often required to perform consultations in order to seek input from other institutions and complete all required actions on a file.

The percentage of requests under the Privacy Act completed within the initial 30 days was 68.60%, which represents a significant increase of 36% from fiscal year 2017 to 2018. The percentage of files completed within 31 to 60 days increased from 14.89% to 22.11%, while the percentage of files completed over 60 days was 9.30% compared to over 50% in the previous year. This was achieved by increasing resources to process and support privacy requests.

Fees

The Access to Information Act requires a $5 application fee to make a request. Based on requests completed during 2018 to 2019, PSPC collected $3,780 in application fees. In accordance with the Interim Directive on the Administration of the Access to Information Act, issued on May 5, 2016, PSPC waived all other fees prescribed by the act and regulations, other than the $5 application fee set out in paragraph 7(1)(a) of the regulations. PSPC also waived a total of $1,940 in application fees. The total operating cost of the ATIP program at PSPC for fiscal year 2018 to 2019 was $6,185,327.

Disposition

Approximately 84% of all requests made pursuant to the Access to Information Act completed during the 2018 to 2019 reporting period were either disclosed in part (53%) or fully disclosed (31%). Additionally, 12% of requests were abandoned.

Access to information request disposition

Volume and percentage of access to information requests by disposition decision - Text version below the chart

Text version

Chart summary:

  • All disclosed: 336 requests (31.05%)
  • Disclosed in part: 577 requests (53.33%)
  • All exempted/all excluded, neither confirmed nor denied: 37 requests (3.42%)
  • Request abandoned: 132 requests (12.2%)

Approximately 90% of all requests made pursuant to the Privacy Act completed during the 2018 to 2019 reporting period were either disclosed in part (50%) or fully disclosed (40%). Additionally, 10% of requests were abandoned.

Privacy request disposition

Volume and percentage of privacy requests by disposition decision - Text version below the chart

Text version

Chart summary:

  • All disclosed: 259 requests (50.1%)
  • Disclosed in part: 205 requests (39.65%)
  • All exempted/all excluded, neither confirmed nor denied: 2 requests (0.39%)
  • Request abandoned: 51 requests (9.86%)

Complaints and audits

Access to Information Act

During the 2018 to 2019 reporting period, PSPC was notified of 59 complaints received by the Office of the Information Commissioner of Canada (OIC). This represents 5% of all requests completed during this period. The majority of complaints were related to delays and allegations of missing records.

During the reporting period, the ATIP Directorate processed and closed 67 complaint investigations. Of these, 18 were deemed well founded, 14 were deemed not well founded and 8 were discontinued, while 27 were settled or resolved to the satisfaction of the requester.

During the 2018 to 2019 reporting period, no audits were undertaken under the Access to Information Act.

Privacy Act

During the 2018 to 2019 reporting period, the department was notified of 5 privacy complaints received by the Office of the Privacy Commissioner of Canada (OPC). This represents 0.9% of all requests completed during the fiscal year. The majority (4 of 5) of complaints were related to delays.

During the reporting period, the ATIP Directorate processed and closed 9 complaint investigations. Of these, 2 were deemed not well founded, while the remaining 7 were deemed well founded and resolved.

During the 2018 to 2019 reporting period, no audits were undertaken under the Privacy Act.

Monitoring compliance

The ATIP Directorate provides a weekly "snapshot" report to senior executives that contains statistics on the number of requests received and processed, as well as the current compliance rate under the Access to Information Act. There is also a weekly summary report of upcoming requests soon to be disclosed under the ATIA.

In the last quarter of 2018 to 2019, the ATIP Directorate began developing new monthly reports and dashboards intended to further support monitoring and increasing compliance within the department, including branch performance and complaints. Those new tools will be implemented over the course of 2019 to 2020.

Appeal to the Federal Court

During the 2018 to 2019 fiscal year, there were no appeals to the Federal Court files against Public Services and Procurement Canada regarding the Access to Information Act and the Privacy Act. The files reported in the previous reporting period were concluded.

Privacy impact assessments

In the course of fulfilling its mandate as a service provider, PSPC collects, retains, uses and discloses personal information. The ATIP Directorate's privacy management unit provides advice and guidance to program officials throughout the privacy impact assessment (PIA) process for programs and activities, in accordance with the Treasury Board of Canada Directive on Privacy Impact Assessments.

During the 2018 to 2019 fiscal year, PSPC completed one PIA, which is described below:

MyHRResource: In the 2017 to 2018 fiscal year, a dedicated instance of the Service Desk Plus (SD+) case management tool was deployed to better track, report and monitor Human Resources (HR) related transactions. A subsequent release of the application (with additional functionalities for managers) was scheduled for 2019. A PIA was authored to address the expanded use of the SD+ case management tool by PSPC to determine and mitigate risks to privacy in its use by HR staff in all regions across Canada.

Summaries of all completed privacy impact assessments impact assessments are posted on PSPC's internet site.

Material privacy breaches

During the 2018 to 2019 fiscal year, PSPC reported four material privacy breaches to the Office of the Privacy Commissioner and Treasury Board of Canada Secretariat. All four were appropriately managed in accordance with Treasury Board Secretariat (TBS) Guidelines for Privacy Breaches. A breach is deemed "material" if it involves sensitive personal information and/or could reasonably be expected to cause serious injury or harm to the individual, or involves a larger number of affected individuals.

PSPC makes use of a Privacy Breach Protocol, first established in 2015 and updated in 2017, to guide the department's responses to privacy breaches, including communications with affected individuals and implementation of mitigation measures.

The first breach resulted from the mismailing of a government employee's T4 slip to another employee.

The second breach relates to the theft of a storage device in PSPC's possession which contained personal information belonging to public servants from another federal department. PSPC promptly notified all affected individuals. A credit monitoring service was offered to those affected for a period of 12 months.

The third breach occurred from a misdirected email containing sensitive information pertaining to a newly hired employee.

The fourth breach consisted of personal information that had been viewed/available in an Information Technology (IT) ticketing application open to IT specialists "without a need to know."

Given that PSPC collects and retains a substantial amount of sensitive and personal information, in 2018 the Deputy Minister mandated the ATIP Directorate to develop and implement a Commercial Information and Cabinet Confidences Breach Protocol based on the Privacy Breach Protocol.

Initiatives

To improve internal processes and client service in its administration of the Access to Information Act and the Privacy Act, PSPC undertook the following initiatives during the 2018 to 2019 fiscal year:

  • Initiated a Lean review to improve the administration of the ATIP process within the directorate for the benefit of both employees and applicants
  • In support of the greening of government activities, established a new ePost delivery system to provide responses to applicants quickly, securely and at no extra cost to the applicant
  • Updated the ATIP office's method of receiving records from offices of primary interest to a more intuitive and user friendly structure
  • Commenced the transition of the ATIP Directorate to a paper light environment, including digitizing existing paper files and re-orienting towards electronic records, for example internal transmission of Protected B and lower records are no longer accepted via paper copy by the ATIP Directorate
  • Initiated the realignment of the privacy impact assessment templates in the interest of streamlining and standardizing the work and increasing support to programs
  • Drafted a Privacy Management Framework for the department

Policies, guidelines and procedures

Bill C-58

During the 2018 to 2019 reporting period, the department conducted preparations for the implementation of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts. The bill proposes to legislate proactive publication of certain records produced by government institutions.

PSPC undertook the following activities in preparation:

  • Formed a working group in the summer of 2018 composed of representatives from the ATIP Directorate as well as various key enabling functions (Parliamentary Affairs, Strategic Governance and Ministerial Correspondence, Communications and Information Technologies)
  • Focused on the significant culture shift required in preparing material for proactive publication, with an emphasis on plain language writing and being mindful of accessibility requirements in the development of products
  • Considered leaning processes and streamlining approvals related to proactive publication
  • Engaged senior management, through PSPC's governance committees to inform them of forthcoming changes and engage them in establishing priorities and mitigating potential risks

Directive on Privacy Practices

On October 17, 2018, the Deputy Minister approved the new PSPC Directive on Privacy Practices. The new directive replaces the Policy on the Protection of Personal and Private Information in the Workplace and addresses changes to the way personal information is being handled, given the increasing use of technology and digital tools.

Training and awareness

Through delivery of training and awareness activities, PSPC continues to work towards developing an institution-wide familiarity with the Access to Information Act and Privacy Act and the obligations that arise from these 2 pieces of legislation.

From August 2018 through to the end of the reporting period, ATIP senior management delivered 20 presentations on the Access to Information Act, Privacy Act and Bill C-58 to senior executives at management tables across the department.

During the reporting period, the ATIP Directorate renewed their foundational training material with the aim of providing practical information for all employees. Since October 2018, 380 employees from across the department participated in 31 ATIP training and awareness sessions.

During the reporting period the ATIP Directorate implemented a new online training entitled "Privacy Basics and Privacy Impact Assessments". Since its launch in August 2018, 152 employees have completed the training.

In the last quarter of the fiscal year, the ATIP Directorate began developing additional, specialized training sessions which will focus on ATIP Liaison Officers and handling of personal information (based around the Code of Fair Information Practices). These new sessions will be provided during the 2019 to 2020 fiscal year.

The ATIP Directorate has recently formed a strategic partnership with the Communications Directorate with the goal of promoting awareness of the many facets of the ATIP program through communications, kiosks and events.

Data Privacy Day

Data Privacy Day is an international effort held annually on January 28 to create awareness about the importance of respecting privacy, safeguarding personal data and enabling trust. It commemorates the signing of the first legally binding international treaty dealing with privacy and data protection in 1981.

The ATIP Directorate marked Data Privacy Day 2019 by holding a kiosk, in cooperation with departmental experts in information management, inviting employees to learn about how to protect their information and best practices to protect the personal information they handle every day.

Right to Know Week

International Right to Know Day originated at an international meeting of access to information advocates in 2002. Now celebrated annually by 40 countries and 60 non-governmental organizations, it has been expanded into a week-long event in Canada with the purpose of raising awareness about people's right to access government information while promoting freedom of information as essential to both democracy and good governance.

This year's Right to Know Week occurred from September 23, 2018 through to September 29, 2018. PSPC's ATIP Coordinator was invited to participate on a panel alongside the Information Commissioner of Canada for a discussion on the importance of the right of access in Canadian society and challenges faces within the federal ATIP industry.

Annex A: Delegation of authorities charts for the Access to Information Act and Privacy Act

Access to Information Act and regulations
Act (A) /
Regulations (R)
Description Positions
Administration of requests for information
A-4(2.1) Responsibility of government institution ("Duty to assist") Director, managers, team leaders and officers (PM-03/04)
A-8 / R-6 Transfer of request Director, managers and team leaders
A-9 Extension of time limits Director, managers, team leaders and officers (PM-03/04)
A-11 / R-7 Additional fees Director, managers and team leaders
A-12 / R-8.1 Language of access, and access in an alternative format Director and managers
A-27 Third party notice (consultation) Director, managers, team leaders and officers (PM-03/04)
Disclosure decisions and access to records
A-7 / R-8 Notice and access to record (response nil, disclose all / in part) Team leaders (sections 19, 20, 23 and 24)
A-13 to 26 Exemptions and severability Director and managers (all), team leaders (sections 19, 20, 23, 24 and 25)
A-28 Third party notice of decision to disclose Director, managers and team leaders
A-29 Third party notice where OIC recommends disclosure Director and managers
Complaints and investigations
A-33 Advising OIC of third party involvement Director, managers and team leaders
A-35 Right to make representations Director and managers
Review by Federal Court
A-43 Notice to third party of requestor application to Court Director and managers
A-44 Notice to requestor of third party application to Court Director and managers
A-52 Special rules for hearings and ex parte representations Director and managers
General
A-71 Facilities for inspection of manuals (reading rooms) Director and managers
A-72 Annual report to Parliament Director and managers
Privacy Act and regulations
Act (A) /
Regulations (R)
Description Positions
Administration of requests for information
A-15 Extension of time limits Director, managers, team leaders and officers (PM-03/04)
A-17 Language of access, and access in an alternative format Director and managers
Disclosure decisions and access to records
A-14 / R-9 Notice and access to record (response) Team leaders (sections 26 and 27)
A-8(2)(j) Disclosure of personal information for research purposes Director and managers
A-8(2)(m) Disclosure of personal information in public interest DM, DMA, Assistant Deputy Minister, Policy, Planning and Communications Branch (ADM-PPCB) and Director General, Ministerial Services and Access to Information (DG-MSAI)
A-8(5) Notice to OPC of disclosure under 8(2)(m) Director and managers
R-13 to 14 Disclosure of personal information re physical/mental health Director and managers
A-18 to 28 Exemptions and severability Director and managers (all), team leaders (sections 26 and 27)
Personal information
A-8(4) Copy of requests from investigative bodies to be retained Director and managers
A-9(1) Record of disclosures to be retained Director and managers
A-9(4) Consistent uses of personal information Director and managers
A-10 Personal Information Banks (PIBs) Director and managers
R-11 Notice of personal information correction made/refused Director and managers
Complaints and investigations
A-33 Right to make representations Director and managers
Review by Federal Court
A-51 Special rules for hearings and ex parte representations Director and managers
General
A-72 Annual report to Parliament Director and managers

Annex B: Statistical report on the Access to Information Act

Name of institution: Public Services and Procurement Canada
Reporting period: April 1, 2018 to March 31, 2019

Part 1: Requests under the Access to Information Act

1.1 Number of requests
Type Number of requests
Received during reporting period 1,144
Outstanding from previous reporting period 561
Total 1,705
Closed during reporting period 1,178
Carried over to next reporting period 527
1.2 Sources of requests
Source Number of requests
Media 355
Academia 14
Business (private sector) 220
Organization 50
Public 300
Decline to identify 205
Total 1,144
1.3 Informal 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
147 123 41 0 0 0 0 311

Note

All requests previously recorded as "treated informally" will now be accounted for in this section only.

Part 2: Requests closed during the reporting period

2.1 Disposition and completion time

2.1 Disposition and completion time of requests under the Access to Information Act
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 49 158 68 46 7 5 3 336
Disclosed in part 26 95 90 171 60 56 79 577
All exempted 3 5 4 9 3 0 0 24
All excluded 1 0 0 10 1 0 0 12
No records exist 24 40 5 2 0 0 0 71
Request transferred 22 3 0 0 0 0 0 25
Request abandoned 107 10 3 6 0 2 4 132
Neither confirmed nor denied 0 0 0 1 0 0 0 1
Total 232 311 170 245 71 63 86 1,178

2.2 Exemptions

2.2 Exemptions applied pursuant to the Access to Information Act
Section Number of requests
13(1)(a) 7
13(1)(b) 0
13(1)(c) 0
13(1)(d) 1
13(1)(e) 0
14 6
14(a) 0
14(b) 0
15(1) 60
15(1) —Internal Affairs 2
15(1) —Defence 5
15(1) —Subversive activities 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 18
16(1)(d) 0
16(2) 8
16(2)(a) 0
16(2)(b) 0
16(2)(c) 28
16(3) 0
16.1(1)(a) 1
16.1(1)(b) 0
16.1(1)(c) 0
16.1(1)(d) 0
16.2(1) 0
16.3 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 1
17 0
18(a) 1
18(b) 62
18(c) 0
18(d) 8
18.1(1)(a) 8
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 333
20(1)(a) 1
20(1)(b) 249
20(1)(b.1) 1
20(1)(c) 172
20(1)(d) 8
20.1 0
20.2 0
20.4 0
21(1)(a) 81
21(1)(b) 106
21(1)(c) 35
21(1)(d) 16
22 10
22.1(1) 2
23 89
24(1) 32
26 0

2.3 Exclusions

2.3 Exclusions applied pursuant to the Access to Information Act
Section Number of requests
68(a) 1
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 0
69(1)(a) 1
69(1)(b) 0
69(1)(c) 2
69(1)(d) 2
69(1)(e) 3
69(1)(f) 0
69(1)(g) re (a) 39
69(1)(g) re (b) 0
69(1)(g) re (c) 24
69(1)(g) re (d) 9
69(1)(g) re (e) 7
69(1)(g) re (f) 3
69.1(1) 0

2.4 Format of information released

2.4 Format of information released under the Access to Information Act
Disposition Paper Electronic Other formats
All disclosed 70 266 0
Disclosed in part 92 485 0
Total 162 751 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed under the Access to Information Act
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 14,651 14,651 336
Disclosed in part 190,290 122,842 577
All exempted 19,660 0 24
All excluded 170 0 12
Request abandoned 0 0 132
Neither confirmed nor denied 0 0 1
2.5.2 Relevant pages processed and disclosed by size of requests under the Access to Information Act
Disposition Less than 100
pages processed
101 to 500
pages processed
501 to 1000
pages processed
1001 to 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 309 4,797 20 3,423 5 3,489 2 2,942 0 0
Disclosed in part 405 6,627 99 15,827 39 18,709 25 45,289 9 36,390
All exempted 19 0 3 0 0 0 0 0 2 0
All excluded 12 0 0 0 0 0 0 0 0 0
Request abandoned 129 0 1 0 2 0 0 0 0 0
Neither confirmed nor denied 1 0 0 0 0 0 0 0 0 0
Total 875 11,424 123 19,250 46 22,198 27 48,231 11 36,390
2.5.3 Other complexities for access to information requests
Disposition Consultation required Assessment of fees Legal advice sought Other Total
All disclosed 92 0 0 152 244
Disclosed in part 343 0 1 247 591
All exempted 13 0 2 4 19
All excluded 10 0 0 0 10
Request abandoned 5 0 0 0 5
Neither confirmed nor denied 0 0 0 0 0
Total 463 0 3 403 869

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadlines under the Access to Information Act
Number of requests closed past the statutory deadline Principal reason
Workload External consultation Internal consultation Other
290 167 53 11 59
2.6.2 Number of days past deadline for requests under the Access to Information Act
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 39 21 60
16 to 30 days 16 13 29
31 to 60 days 23 17 40
61 to 120 days 15 14 29
121 to 180 days 10 11 21
181 to 365 days 18 44 62
More than 365 days 12 37 49
Total 133 157 290

2.7 Requests for translation

2.7 Requests for translation under the Access to Information Act
Translation request Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Part 3: Extensions

3.1 Reasons for extensions and disposition of requests
Disposition of requests where an extension was taken 9(1)(a) Interference with operations 9(1)(b) Consultation 9(1)(c) Third-party notice
Section 69 Other
All disclosed 3 0 54 23
Disclosed in part 33 28 227 121
All exempted 0 0 10 5
All excluded 0 3 8 0
No records exist 0 0 0 0
Request abandoned 2 2 6 6
Total 38 33 305 155
3.2 Length of extensions
Length of extensions 9(1)(a)
Interference with operations
9(1)(b)
Consultation
9(1)(c)
Third-party notice
Section 69 Other
30 days or less 17 1 51 8
31 to 60 days 8 3 99 89
61 to 120 days 8 29 132 33
121 to 180 days 4 0 12 17
181 to 365 days 1 0 10 6
More than 365 days 0 0 1 2
Total 38 33 305 155

Part 4: Fees

Fees collected and waived or refunded
Fee type Fee collected Fee waived or refunded
Number of requests Amount Number of requests Amount
Application 756 $3,780 388 $1,940
Search 0 $0 0 $0
Production 0 $0 0 $0
Programming 0 $0 0 $0
Preparation 0 $0 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 0 $0
Total 756 $3,780 388 $1,940

Part 5: Consultations received from other institutions and organizations

5.1 Consultations received from other Government of Canada institutions and organizations
Consultations Other Government of Canada institutions Number of pages to review Other organizations Number of pages to review
Received during reporting period 369 32,003 7 226
Outstanding from the previous reporting period 48 1761 3 655
Total 417 33,764 10 881
Closed during the reporting period 383 32,930 10 826
Pending at the end of the reporting period 34 834 0 55
5.2 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
Disclose entirely 104 121 48 17 5 0 0 295
Disclose in part 7 11 22 19 2 0 1 62
Exempt entirely 0 1 0 0 0 0 0 1
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 1 3 0 0 0 0 0 4
Other 14 3 2 1 1 0 0 21
Total 126 139 72 37 8 0 1 383
5.3 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 2 3 2 0 0 0 0 7
Disclose in part 0 0 0 0 0 1 0 1
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 2 0 0 0 0 2
Total 2 3 4 0 0 1 0 10

Part 6: Completion time of consultations on cabinet confidences

6.1 Requests with Legal Services
Number of days Fewer than 100 pages processed 101 to 500 pages processed 501 to 1000
pages processed
1001 to 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 8 82 0 0 0 0 0 0 0 0
16 to 30 9 53 0 0 0 0 0 0 0 0
31 to 60 16 161 1 139 0 0 0 0 0 0
61 to 120 14 107 1 91 0 0 0 0 0 0
121 to 180 1 7 1 302 0 0 0 0 0 0
181 to 365 2 42 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 50 452 3 532 0 0 0 0 0 0
6.2 Requests with Privy Council Office
Number of days Fewer than 100 pages processed 101 to 500 pages processed 501 to 1000
pages processed
1001 to 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 1 34 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 1 34 0 0 0 0 0 0 0 0

Part 7: Complaints and investigations

Number of complaints and investigation notices received
Section 32 Section 35 Section 37 Total
57 6 41 104

Part 8: Court actions

Number of applications for judicial review
Section 41 Section 42 Section 44 Total
0 0 0 0

Part 9: Resources related to the Access to Information Act

9.1 Costs
Expenditures Amount
Salaries $2,153,972
Overtime $11,031
Goods and services $1,864,344
Professional services contracts $916,930  
Other $947,414
Total $4,029,347
9.2 Human resources
Resources Person years dedicated to access to information activities
Full-time employees 26.10
Part-time and casual employees 2.68
Regional staff 0.00
Consultants and agency personnel 3.60
Students 1.53
Total 33.91

Annex C: Statistical report on the Privacy Act

Name of institution: Public Services and Procurement Canada
Reporting period: April 1, 2018 to March 31, 2019

Part 1: Requests under the Privacy Act

Number of requests
Type Number of requests
Received during reporting period 559
Outstanding from previous reporting period 64
Total 623
Closed during reporting period 570
Carried over to next reporting period 53

Part 2: Requests closed during the reporting period

2.1 Disposition and completion time

2.1 Disposition and completion time of requests under the Privacy Act
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 57 118 62 21 0 1 0 259
Disclosed in part 21 97 57 24 1 4 1 205
All exempted 0 1 0 1 0 0 0 2
All excluded 0 0 0 0 0 0 0 0
No records exist 39 11 3 0 0 0 0 53
Request abandoned 46 1 4 0 0 0 0 51
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 163 228 126 46 1 5 1 570

2.2 Exemptions

2.2 Exemptions applied pursuant to the Privacy Act
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) 3
22(1)(a)(ii) 0
22(1)(a)(iii) 0
22(1)(b) 11
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
26 198
27 5
28 0

2.3 Exclusions

2.3 Exclusions applied pursuant to the Privacy Act
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

2.4 Format of information released under the Privacy Act
Disposition Paper Electronic Other formats
All disclosed 64 195 0
Disclosed in part 26 179 0
Total 90 374 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed under the Privacy Act
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 73,252 73,532 259
Disclosed in part 196,720 100,997 205
All exempted 1,360 0 2
All excluded 0 0 0
Request abandoned 0 0 51
Neither confirmed nor denied 0 0 0
Total 271,332 174,529 517
2.5.2 Relevant pages processed and disclosed by size of requests under the Privacy Act
Disposition Less Than 100
pages processed
101 to 500
pages processed
501 to 1000
pages processed
1001 to 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 99 3,304 112 26,763 34 24,435 14 19,030 0 0
Disclosed in part 36 1,441 71 18,017 62 39,914 34 39,468 2 2,157
All exempted 0 0 1 0 0 0 1 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 51 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 186 4,745 184 44,780 96 64,349 49 58,498 2 2,157
2.5.3 Other complexities for privacy requests
Disposition Consultation required Legal advice sought Interwoven information Other Total
All disclosed 1 0 0 0 1
Disclosed in part 10 1 0 0 11
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 11 1 0 0 12

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline under the Privacy Act
Number of requests closed past the statutory deadline Principal reason
Workload External consultation Internal consultation Other
129 123 5 0 1
2.6.2 Number of days past deadline for requests under the Privacy Act
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 50 8 58
16 to 30 days 26 4 30
31 to 60 days 20 10 30
61 to 120 days 4 1 5
121 to 180 days 0 4 4
181 to 365 days 0 1 1
More than 365 days 0 1 1
Total 100 29 129

2.7 Requests for translation

2.7 Requests for translation under the Privacy Act
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 subsections 8(2) and 8(5)

Number of disclosures
Paragraph 8(2)(e) Paragraph 8(2)(m) Subsection 8(5) Total
1 1 1 3

Part 4: Requests for correction of personal information and notations

Disposition for correction requests received
Disposition for correction requests received Number
Notations attached 2
Requests for correction accepted 0
Total 2

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 conversion
Section 70 Other
All disclosed 31 0 0 0
Disclosed in part 25 0 11 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 4 0 0 0
Total 60 0 11 0
5.2 Length of extensions
Length of extensions 15(a)(i)
Interference with operations
15(a)(ii)
Consultation
15(b)
Translation or conversion
Section 70 Other
1 to 15 days 0 0 0 0
16 to 30 days 60 0 11 0
Total 60 0 11 0

Part 6: Consultations received from other institutions and organizations

6.1 Consultations received from other Government of Canada institutions and organizations
Consultations Other Government of Canada institutions Number of pages to review Other organizations Number of pages to review
Received during the reporting period 4 41 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 4 41 0 0
Closed during the reporting period 4 41 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 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 2 1 0 0 0 0 0 3
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 1 0 0 0 0 0 0 1
Total 3 1 0 0 0 0 0 4
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
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

Part 7: Completion time of consultations on cabinet confidences

7.1 Requests with Legal Services
Number of days Fewer than 100 pages processed 101 to 500 pages processed 501 to 1000
pages processed
1001 to 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 Request with Privy Council Office
Number of days Fewer than 100 pages processed 101 to 500 pages processed 501 to 1000
pages processed
1001 to 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

Part 8: Complaints and investigations notices received

Number of complaints and investigations notices received
Section 31 Section 33 Section 35 Court action Total
5 1 8 0 14

Part 9: Privacy Impact Assessments

Number of PIA(s) completed: 1

Part 10: Resources related to the Privacy Act

10.1 Costs
Expenditures Amount
Salaries $1,638,740
Overtime $0
Goods and services:
  • Professional services contracts ($66,051)
  • Other ($451,189)
$517,240
Total $2,155,980
10.2 Human resources
Resources Person years dedicated to privacy activities
Full-time employees 23.50
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.25
Students 0.00
Total 23.75
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