Atlantic Canada Opportunities Agency
Symbol of the Government of Canada

2017-2018 Annual Report on the Privacy Act

Table of Contents

1. Introduction
2. Organizational Structure
3. Delegation of authority
4. Highlights of the statistical report
5. Training and Awareness
6. Policies, Guidelines, procedures and Initiatives
7. Complaints and Audits
8. Monitoring
9. Material Privacy Breaches
10. Privacy Impact Assessments
11. Public Interest Disclosures
Annex A - Delegation Order
Annex B - Statistical Report

1. Introduction

The Privacy Act gives individuals the right to access their personal information and request corrections to their personal information held by federal institutions listed in the schedule of the Act. This law also imposes obligations on those institutions to respect privacy rights by limiting the collection, use and disclosure of personal information.

This report is prepared in accordance with section 72 of the Act, which requires that the head of the Atlantic Canada Opportunities Agency (ACOA) prepare, for tabling in Parliament, an annual report on the administration of the Act. This report will be published on ACOA’s website.

ACOA’s mandate is to increase opportunity for economic development in Atlantic Canada and, more particularly, to enhance the growth of earned incomes and employment opportunities in that region. Additional information is available on ACOA’s website (http://www.acoa-apeca.gc.ca/Eng/Pages/Home.aspx).

2. Organizational Structure

The Access to Information and Privacy (ATIP) Directorate oversees the administration of the Access to Information Act and the Privacy Act. It consists of a director (ATIP coordinator) and one support staff member located at ACOA’s head office in Moncton, N.B. The ATIP coordinator is responsible for the processing of all access and privacy requests as well as the development, coordination and implementation of effective policies, guidelines and procedures to manage the Agency’s compliance with the ATIP acts.

The ATIP coordinator also reviews various documents before publication to ensure that they do not contain information that would be subject to exemption or exclusion under the acts. During this reporting period, records prepared in response to 89 written parliamentary questions were reviewed.

The administration of the legislation within ACOA is also facilitated at the branch and regional office levels. Each sector and corporate branch has a liaison officer (generally reporting to the deputy minister or an assistant deputy minister), who coordinates the records-retrieval process.

3. Delegation of authority

For the purpose of the Privacy Act, the President delegated full authority to the vice-president, Finance and Corporate Services and Corporate Secretary and partial authority to the ATIP coordinator. A copy of the signed delegation instrument for the Privacy Act is attached in Annex A.

4. Highlights of the statistical report

The statistical report is attached in Annex B. The Agency responded within the legislated timeline to two requests under the Privacy Act that were closed in the reporting period.

One of the two requests was received during the reporting period. A complete copy of all seven pages of records requested was sent to the requester on day 20.

The response time for the other request, which was carried over from the previous reporting period, was extended by 30 days to allow time for consultation with a provincial institution. A total of 137 pages of records were reviewed in response to this request. It was determined that 24 pages were duplicate records. Pursuant to section 26 of the Privacy Act, 30 pages were withheld from release, as the records contained personal information about another individual. The Agency provided a copy of the remaining 83 pages on day 48.

The Agency responded to one consultation received from another federal institution within 11 days. It was recommended that the information be disclosed in part.

The cost of administering the Privacy Act in 2017-2018 was $12,444, which comprised a portion of the ATIP coordinator’s salary as well as operations and maintenance costs. This represents an increase of $897 over the previous reporting period due to salary increases in accordance with the new collective agreement.

The following table shows the trend in the number of requests closed in the last 10 fiscal years.

Fiscal Year 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018
Totals 1 1 0 0 2 1 2 0 1 2

5. Training and Awareness

Informal briefings on the requirements of the Privacy Act were provided to staff by the ATIP coordinator throughout the reporting period. No formal training sessions were provided.

6. Policies, Guidelines, procedures and Initiatives

The Agency did not implement new or revised policies, guidelines, procedures or initiatives related to privacy during the reporting period.

7. Complaints and Audits

No privacy complaints were received and no investigations or audits were concluded during this reporting period.

8. Monitoring

In light of the limited number of privacy requests received, no monitoring was required in 2017-2018.

9. Material Privacy Breaches

No material privacy breaches were reported to the Office of the Privacy Commissioner and the Treasury Board of Canada Secretariat’s Information and Privacy Policy Division during the reporting period.

10. Privacy Impact Assessments

No privacy impact assessments were completed in 2017-2018.

11. Public Interest Disclosures

The Agency did not disclose personal information pursuant to paragraph 8(2)(m) of the Privacy Act during the reporting period.

Annex A

Privacy Act Delegation Order

Pursuant to section 73 of the Privacy Act, the President of the Atlantic Canada Opportunities Agency hereby designates the persons holding the positions identified in the attached Delegation Instrument to exercise or perform any of the powers, duties or functions of the President as the head of the government institution under this Act.

Original signed by the President for the purpose of the Atlantic Canada Opportunities Agency Act on July 24, 2017.

Privacy Act Delegation Instrument

The Vice-President of Finance and Corporate Services and Corporate Secretary has been delegated responsibility for the followings sections of the Act:

8(2)(j) Disclosure for research purposes
8(2)(m) Disclosure in the public interest or in the interest of the individual
8(4) Copies of requests under 8(2)(e) to be retained
8(5) Notice of disclosure under 8(2)(m)
9(1) Records of disclosures to be retained
9(4) Consistent uses
10 Information included in personal information banks
14 Notice where access requested
15 Extension of time limit
17(2)(b) Language of access
17(3)(b) Access to information in alternative format
18(2) Exemption ‑ information in an exempt bank
19(1) Exemption ‑ information obtained in confidence
19(2) Exemption ‑ where authorized to disclose
20 Exemption - federal-provincial affairs
21 Exemption - International affairs and defence
22 Exemption - Law enforcement and investigation
23 Exemption - Security clearances
24 Exemption - Individuals sentenced for an offence
25 Exemption - Safety of individuals
26 Exemption - information about another individual
27 Exemption - solicitor-client privilege
28 Exemption - medical record
31 Notice of investigation
33(2) Right to make representations
35(1) Findings and recommendations of Privacy Commissioner (complaint)
35(4) Access to be given
36(3) Report of findings and recommendations (exempt banks)
37(3) Report of findings and recommendations (compliance review)
51(2)(b) Special rules for hearings
51(3) Ex parte representations
72(1) Report to Parliament

Privacy Regulations

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

The Director/Coordinator of Access to Information and Privacy has been delegated responsibility for the following sections of the Act:

8(2)(j) Disclosure for research purposes
(2)(m) Disclosure in the public interest or in the interest of the individual
8(4) Copies of requests under 8(2)(e) to be retained
8(5) Notice of disclosure under 8(2)(m)
9(1) Records of disclosures to be retained
9(4) Consistent uses
10 Information included in personal information banks
14 Notice where access requested
15 Extension of time limit
17(2)(b) Language of access
17(3)(b) Access to information in alternative format
31 Notice of investigation
33(2) Right to make representations
35(1) Findings and recommendations of Privacy Commissioner (complaint)
36(3) Report of findings and recommendations (exempt banks)
37(3) Report of findings and recommendations (compliance review)
51(2)(b) Special rules for hearings
51(3) Ex parte representations
72(1) Report to Parliament

Privacy Regulations

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

Annex B

Statistical Report on the Privacy Act

Name of Institution: Atlantic Canada Opportunities Agency
Reporting period: April 1, 2017 to March 31, 2018

Part 1: Requests under the Privacy Act

Number of requests
Received during reporting period 1
Outstanding from previous reporting period 1
Total 2
Closed during reporting period 2
Carried over to next reporting period 0

Part 2: Requests closed during the reporting period

2.1 Disposition and completion time

Disposition of Requests Completion time of 1 to 15 days Completion time of 16 to 30 days Completion time of 31 to 60 days Completion time of 61 to 120 days
All disclosed 0 1 0 0
Disclosed in part 0 0 1 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
Neither confirmed nor denied 0 0 0 0
Total 0 1 1 0

2.1 Disposition and completion time (continued)

Disposition of Requests Completion time of 121 to 180 days Completion time on 181 to 365 days Completion time of more than 365 days Total
All disclosed 0 0 0 1
Disclosed in part 0 0 0 1
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
Neither confirmed nor denied 0 0 0 0
Total 0 0 0 2

2.2 Exemptions

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

2.3 Exclusions

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

2.4 Format of information released

Disposition Paper Electronic Other formats
All disclosed 1 0 0
Disclosed in part 1 0 0
Total 2 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 7 7 1
Disclosed in part 137 83 1
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
Neither confirmed nor denied 0 0 0
Total 144 90 2

2.5.2 Relevant pages processed and disclosed by size of requests

Disposition Number of requests that had less than 100 pages processed Pages disclosed Number of requests that had 101 to 500 pages processed Pages disclosed Number of requests that had 501 to 1,000 pages processed Pages disclosed
All disclosed 1 7 0 0 0 0
Disclosed in part 0 0 1 83 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Total 1 7 1 83 0 0

2.5.2 Relevant pages processed and disclosed by size of requests (continued)

Disposition Number of requests that had 1,001 to 5,000 pages processed Pages disclosed Number of requests that had more than 5,000 pages processed Pages disclosed
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
Request abandoned 0 0 0 0
Neither confirmed nor denied 0 0 0 0
Total 0 0 0 0

2.5.3 Other complexities

Disposition Consultation required Legal advice sought Interwoven information Other Total
All disclosed 0 0 0 0 0
Disclosed in part 1 0 0 0 1
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 1 0 0 0 1

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline

Number of requests closed past the statutory deadline Workload was the principle reason External consultation was the principal reason Internal consultation was the principal reason 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: Disclosure under subsections 8(2) and 8(5)

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

Part 4: Requests for Correction of personal information and notations

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

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) Consultations ‑
section 70
15(a)(ii) Consultations ‑ other 15(b) Translation or conversion
All disclosed 0 0 0 0
Disclosed in part 0 0 1 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 1 0

5.2 Length of extensions

Length of Extensions 15(a)(i) Interference with operations 15(a)(ii) Consultation ‑
section 70
15(a)(ii) Consultation ‑ other 15(b) Translation purposes
1 to 15 days 0 0 0 0
16 to 30 days 0 0 1 0
Total 0 0 1 0

Part 6: Consultations received from other institutions and organizations

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

Consultations Other Government of Canada institutions Number of pages to review Other organizations Number of pages to review
Received during the reporting period 0 0 1 30
Outstanding from the previous reporting period 0 0 0 0
Total 0 0 1 30
Closed during the reporting period 0 0 1 30
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 1 to 15 days required to complete consultation requests 16 to 30 days required to complete consultation requests 31 to 60 days required to complete consultation requests 61 to 120 days required to complete consultation requests
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
Consult other institution 0 0 0 0
Other 0 0 0 0
Total 0 0 0 0

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

Recommendation 121 to 180 days required to complete consultation requests 181 to 365 days required to complete consultation requests More than 365 days required to complete consultation requests Total
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
Consult other institution 0 0 0 0
Other 0 0 0 0
Total 0 0 0 0

6.3 Recommendations and completion time for consultations received from other organizations

Recommendation 1 to 15 days required to complete consultation requests 16 to 30 days required to complete consultation requests 31 to 60 days required to complete consultation requests 61 to 120 days required to complete consultation requests
All disclosed 0 0 0 0
Disclosed in part 1 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
Consult other institution 0 0 0 0
Other 0 0 0 0
Total 1 0 0 0

6.3 Recommendations and completion time for consultations received from other organizations (continued)

Recommendation 121 to 180 days required to complete consultation requests 181 to 365 days required to complete consultation requests More Than 365 days required to complete consultation requests Total
All disclosed 0 0 0 0
Disclosed in part 0 0 0 1
All exempted 0 0 0 0
All excluded 0 0 0 0
Consult other institution 0 0 0 0
Other 0 0 0 0
Total 0 0 0 1

Part 7: Completion time of consultations on Cabinet Confidences

7.1 Requests with Legal Services

Number of Days Number of requests that had fewer than 100 pages processed Pages disclosed Number of requests that had fewer than 101 to 500 pages processed Pages disclosed Number of requests that had fewer than 501 to 1,000 pages processed Pages disclosed
1 to 15 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0
More than 365 0 0 0 0 0 0
Total 0 0 0 0 0 0

7.1 Requests with Legal Services (continued)

Number of Days Number of requests that had fewer than 100 pages processed Pages disclosed Number of requests that had fewer than 101 to 500 pages processed Pages disclosed
1 to 15 0 0 0 0
16 to 30 0 0 0 0
31 to 60 0 0 0 0
61 to 120 0 0 0 0
121 to 180 0 0 0 0
181 to 365 0 0 0 0
More than 365 0 0 0 0
Total 0 0 0 0

7.2 Requests with Privy Council Office

Number of Days Number of requests that had fewer than 100 pages processed Pages disclosed Number of requests that had 101 to 500 pages processed Pages disclosed Number of requests that had 501 to 1,000 pages processed Pages disclosed
1 to 15 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0
More than 365 0 0 0 0 0 0
Total 0 0 0 0 0 0

7.2 Requests with Privy Council Office (continued)

Number of Days Number of requests that had 1,001 to 5,000 pages processed Pages disclosed Number of requests that had more than 5,000 pages processed Pages disclosed
1 to 15 0 0 0 0
16 to 30 0 0 0 0
31 to 60 0 0 0 0
61 to 120 0 0 0 0
121 to 180 0 0 0 0
181 to 365 0 0 0 0
More than 365 0 0 0 0
Total 0 0 0 0

Part 8: Complaints and investigations notices received

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

Part 9: Privacy Impact Assessments (PIAs): 0

Part 10: Resources related to the Privacy Act

10.1 Costs

Expenditures Amount
Salaries $11,541.00
Overtime $0.00
Goods and Services (others) $903.00
Total $12,444.00

10.2 Human Resources

Resources Person years dedicated to privacy activities
Full-time employees 0.10
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 0.10