ARCHIVED – Privacy Act,
Access to Information Act

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Annual Report
2008–2009

Part One: Privacy Act

• Introduction
• About Citizenship and Immigration Canada (CIC)
• The Access to Information and Privacy (ATIP) Division
• Activities and accomplishments
• Highlights of privacy and statistics
• Appendix A: Statistical report: Privacy Act
• Appendix B: Supplementary reporting requirement for 2008-2009
• Appendix C: Report on the Privacy Act
• Appendix D: Delegation order
• Appendix E: Delegation of authority under the Privacy Act and the Privacy Regulations

Part Two: Access to Information Act

• Introduction
• About Citizenship and Immigration Canada (CIC)
• The Access to Information and Privacy (ATIP) Division
• Activities and accomplishments
• Highlights of privacy and statistics
• Appendix A: Statistical report: Access to Information Act
• Appendix B: Supplementary reporting requirement for 2008-2009
• Appendix C: Report on the Access to Information Act
• Appendix D: Delegation order
• Appendix E: Delegation of authority under the Access to Information Act and the Access to Information Regulations

Part One: Privacy Act

Introduction

Citizenship and Immigration Canada (CIC) is pleased to present to Parliament its 15th Annual Report on the administration of the Privacy Act for the fiscal year commencing April 1, 2008 and ending March 31, 2009.

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

This report outlines CIC’s results concerning its access to information and privacy responsibilities and obligations during the 2008-2009 reporting period.

About Citizenship and Immigration Canada (CIC)

CIC was created in 1994 to link citizenship registration and immigration services, to promote the unique ideals all Canadians share, and to help build a stronger Canada. In November 2008, the department’s portfolio was expanded to include Multiculturalism.

Canada has a proud tradition of welcoming immigrants. Our immigration and refugee systems, and vast network of organizations that help newcomers settle and integrate, are among the best in the world. This tradition is enhanced by the value of Canadian multiculturalism, which is fundamental to our belief that all citizens are equal. Multiculturalism aims to ensure that all citizens, regardless of ethno-cultural community, can have a sense of belonging and an equal opportunity in Canada. Through immigration and multiculturalism, Canadians are encouraged to integrate into their society and take an active part in its social, cultural, economic and political affairs.

CIC’s mandate comes from the shared jurisdiction of section 95 of the Constitution Act, 1867, the Citizenship Act, Immigration and Refugee Protection Act and the Canadian Multiculturalism Act.

The work of CIC encompasses a broad range of activities. The Department’s diverse mandate is to:

• Facilitate the arrival of persons and their integration to Canada in a way that maximizes their contribution to the country while protecting the health, safety and security of Canadians;
• Maintain Canada’s humanitarian tradition by protecting refugees and persons in need of protection;
• Enhance the values and promotes the rights and responsibilities of Canadian citizenship;
• Advance global migration policies in a way that supports Canada’s immigration and humanitarian objectives; and
• Promote the full participation and equal opportunity of all Canadians in the economic, political, social and cultural life of the country.

The Access to Information and Privacy (ATIP) Division

The administration of the Privacy Act is the responsibility of the Access to Information and Privacy (ATIP) Division of Corporate Affairs Branch, Corporate Services Sector. The Division is led by a Director who acts as the ATIP Coordinator for the Department. The Division’s work is carried out by four units: Client Services; Complex Cases and Issues; Fast Track; and Operations. Each unit is led by a Manager, who reports to the Director. The Division is also responsible for coordinating complaints under the Canadian Human Rights Act.

The Access to Information and Privacy (ATIP) Division receives, coordinates and processes requests for personal information under the Privacy Act, providing high quality and timely service to clients.

The Divisions’ responsibilities include:

• Ensuring that legislative and central agency requirements for privacy are made clear within the department;
• Developing department-specific tools and instruments to set out roles, requirements and performance expectations;
• Supporting compliance with the Act by providing training, policy expertise and guidance;
• Maintaining a compliance regime to enable performance monitoring and reporting and to continuously improve management practices.

CIC supports and maintains a network of ATIP coordinators in all branches within the Department who assist with requests by searching and collecting records and providing recommendations. The coordinators are also responsible for monitoring branch compliance reports. A coordinator’s handbook and suggested list of responsibilities are posted on CIC’s internal website.

Activities and accomplishments

I. Leadership

During 2008-2009, CIC took part in the Treasury Board Secretariat’s Management Accountability Framework (MAF) Best Practices workshop by presenting its best practices in the area of access to information. As well, the department played a key role in the Secretariat’s ATIP Director-level Working Group, by helping shape central agency policy and guidance.

In particular, CIC provided expertise and guidance to the Treasury Board of Canada (TBS) by reviewing and piloting new Privacy Impact Assessment (PIA) and Personal Information Bank (PIB) templates and providing critical feedback used by TBS in developing its new processes.

II. Promotion, awareness and training

To promote awareness on Access to Information, three department-wide events were held during the year: Right to Know Week, Learn @ Work Week and the 25th Anniversary of ATIP.

• As part of its participation in the international Right to Know Week, information kiosks were organized in CIC building lobbies to inform and promote Access to Information to all employees.
• During Learn @ Work Week, an initiative sponsored by the Canadian Society for Training and Development, bilingual information and training sessions were provided via video conference for staff across Canada. A total of 125 CIC employees participated in this event.
• To celebrate the 25th anniversary of the Access to Information and Privacy Acts, the Division hosted an open house, which raised awareness and provided staff with a better understanding of the ATIP function at CIC.

In an effort to build capacity, understanding, and awareness of access and privacy issues among managers at CIC, a partnership was developed with CIC’s Learning and Development Division to develop a session that is a requirement of the department’s Middle Manager’s Learning Plan. In addition, a six-part training series for National and Regional ATIP Coordinators was developed and will be further implemented in 2009-2010.

III. Human resources

It is well known throughout the ATIP Community that there is a shortage of employees with the required knowledge, expertise and experience to meet current demands. To help build its current and future capacity, CIC has implemented strategies to mitigate these challenges:

• Offering developmental assignments for current employees, which allow them to gain experience and expertise in a different unit and on different tasks;
• Partnering with the University of Ottawa’s Co-Op Program to employ students with an interest in the ATIP field, who are later bridged as permanent employees.

For 2009-2010, plans are to take initial steps towards creating a developmental program that would allow ATIP employees to move from junior to more intermediary and senior positions through a structured system of on-the-job experience and formal evaluation.

IV. External views

Treasury Board of Canada Management Accountability Framework Assessment Extracts Relating to Access to Information Issues

TBS provided CIC with an acceptable rating for fiscal year 2007-2008, determining that the department was effective in meeting the requirements of the Privacy Act when describing collections, uses and disclosures of personal information. For 2008-2009, the department continued its work on updating and auditing its PIBs, to ensure consistency with TBS requirements.

A key focus in 2009-2010 will be implementing a Privacy Framework for the department to improve governance, support, and compliance. Activities will include formalizing internal PIA processes and increasing privacy-specific training.

Office of the Privacy Commissioner of Canada

In its 2007-2008 Annual Report to Parliament on the Privacy Act, the Office of the Privacy Commissioner of Canada positively acknowledged CIC for its privacy training and awareness regime.

Highlights of privacy and statistics

I. Requests received under the Privacy Act

Between April 1, 2008 and March 31, 2009, CIC received 5,151 privacy requests. This represents an increase of 3% from the previous year.

II. Disposition of requests completed

In 2008-2009, CIC completed 5,188 requests. The completed requests were classified as follows:

In 1,878 (36.2%) cases, information was provided in its entirety. In another 2,546 (49.1%), information was given where exemptions were invoked.

III. Exemptions invoked

The majority of exemptions invoked under the Privacy Act fell under three sections: subsection 21, which covers international relations, defence and subversive activities, was used in 1,785 cases (41.2% of all exemptions); subsection 26, which protects personal information, was used in 1,700 cases (39.2% of all exemptions) and subsection 22 (1)(b), which addresses law enforcement and criminal investigations, was used in 639 cases (14.7% of all exemptions).

IV. Disclosure of personal information under subsection 8(2)

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

During this reporting period, CIC disclosed personal information under subsection: 8(2)(a), 8(2)(d), 8(2)(e), 8(2)(f) and 8(2)(g). No disclosures were made pursuant to subsection 8(2)(b,c,h,i,k,l,m).

V. Consultations

In addition to processing requests under the Privacy Act, CIC was also consulted by other federal government institutions in 64 cases where the records sought from these institutions related to CIC activities.

VI. Extensions

Section 15 of the Privacy Act provides for the extension of the statutory time limits if consultations are necessary, if translation is required or if the request is for a large volume of records and processing the request within the original time limit would unreasonably interfere with the operations of the Department.

Extensions were required in 158 cases to conduct consultations. In 17 other cases, extensions were necessary to allow time for searching a large volume of records and to avoid interference with the operations of the Department. Finally, 12 extensions were taken to allow for translation.

VII. Completion time

CIC responded within 30 days or less 71% of the time (3,681 requests). 16% (822) of requests were responded to within 31 to 60 days. Response times for the remaining requests were 4% (216) in 61 to 120 days and 9% (469) in 121 days or over.

VIII. Complaints

During the 2008-2009 reporting period, CIC was notified of 27 privacy complaints by the Office of the Privacy Commissioner of Canada, representing less than 0.5 percent of the total requests received. Of the 34 complaint findings issued this year, 20 were refused, while 14 complaints were well founded, (11 were delay complaints and 3 were for other types of complaints).

IX. Appeals to the Federal Court

No appeals to the Federal Court were filed under the Privacy Act during the 2008-2009 reporting period.

X. Privacy Impact Assessments / Preliminary Privacy Impact Assessments

To fulfill its mandate, many of CIC’s responsibilities require the collection, use and disclosure of personal information. Thus, in accordance with Treasury Board policy the Department consistently uses Privacy Impact Assessments (PIAs) and Preliminary Privacy Impact Assessment (PPIAs), as a risk management tool to determine whether privacy risks are present in new or existing departmental programs, initiatives or projects that collect and retain personal information.

Preliminary Privacy Impact Assessments

A total of seven (7) PPIAs were completed and initiated in 2008-2009.

Privacy Impact Assessments

Two (2) PIAs were completed and nine (9) were initiated in 2008-2009.

Interim Federal Health Program

Health Management Branch (HMB) is responsible for the management and delivery of the Interim Federal Health Program (IFHP). The Program provides emergency and essential health care coverage to eligible persons who demonstrate financial need. Claims administration for the IFHP is provided under contract by a private sector claims administrator which distributes Program information, verifies client and service eligibility against IFHP services/benefits standards, processes and adjudicates claims and reimburses providers for services to clients. As the contract with the current claims administrator is coming to an end, the HMB will issue a Request for Proposals (RFP) in order to obtain the services of a claims administrator. The services the claims administrator will deliver include all operations required to receive, adjudicate, pay, track and report on claims submitted by service providers.

Appendix A: Statistical report: Privacy Act

The following statistics summarize the activities undertaken by CIC under the Privacy Act in the year under review.

Appendix B: Supplemental reporting requirements
for 2008-2009

TBS is monitoring compliance with the PIA Policy through a variety of means. Institutions are therefore required the following information for this reporting period.

Appendix C: Report on the Privacy Act

TBS/SCT 350-63 (Rev. 1999/03)

Appendix D: Delegation order

_______________________________
The Honorable Diane Finley, P.C., M.P.
Minister of Citizenship and Immigration
L’hon. Diane Finley, c.p., député
Ministre de la Citoyenneté et de l’Immigration

Appendix E: Delegation of authority under the
Privacy Act and the Privacy Regulations

* Includes acting appointments and assignments to these positions made pursuant to the Public Service Employment Act and regulations.

Legend:

Part Two: Access to Information Act

Introduction

Citizenship and Immigration Canada (CIC) is pleased to present to Parliament its 15th Annual Report on the administration of the Access to Information Act for the fiscal year commencing April 1, 2008 and ending March 31, 2009.

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

This report outlines CIC’s results concerning its access to information and privacy responsibilities and obligations during the 2008-2009 reporting period.

About Citizenship and Immigration Canada (CIC)

CIC was created in 1994 to link citizenship registration and immigration services, to promote the unique ideals all Canadians share, and to help build a stronger Canada. In November 2008, the department’s portfolio was expanded to include Multiculturalism.

Canada has a proud tradition of welcoming immigrants. Our immigration and refugee systems, and vast network of organizations that help newcomers settle and integrate, are among the best in the world. This tradition is enhanced by the value of Canadian multiculturalism, which is fundamental to our belief that all citizens are equal. Multiculturalism aims to ensure that all citizens, regardless of ethno-cultural community, can have a sense of belonging and an equal opportunity in Canada. Through immigration and multiculturalism, Canadians are encouraged to integrate into their society and take an active part in its social, cultural, economic and political affairs.

CIC’s mandate comes from the shared jurisdiction of section 95 of the Constitution Act, 1867, the Citizenship Act, Immigration and Refugee Protection Act and the Canadian Multiculturalism Act.

The work of CIC encompasses a broad range of activities. The Department’s diverse mandate is to:

• Facilitate the arrival of persons and their integration to Canada in a way that maximizes their contribution to the country while protecting the health, safety and security of Canadians;
• Maintain Canada’s humanitarian tradition by protecting refugees and persons in need of protection;
• Enhance the values and promotes the rights and responsibilities of Canadian citizenship;
• Advance global migration policies in a way that supports Canada’s immigration and humanitarian objectives; and
• Promote the full participation and equal opportunity of all Canadians in the economic, political, social and cultural life of the country.

The Access to Information and Privacy (ATIP) Division

The administration of the Access to Information Act is the responsibility of the Access to Information and Privacy (ATIP) Division of Corporate Affairs Branch, Corporate Services Sector. The Division is led by a Director who acts as the ATIP Coordinator for the Department. The Division’s work is carried out by four units: Client Services; Complex Cases and Issues; Fast Track; and Operations. Each unit is led by a Manager, who reports to the Director. The Division is also responsible for coordinating complaints under the Canadian Human Rights Act.

The Access to Information and Privacy (ATIP) Division receives, coordinates and processes requests for information under the Access to Information Act, providing high quality and timely service to clients.

The Divisions’ responsibilities include:

• Ensuring that legislative and central agency requirements for access to information are made clear within the department;
• Developing department-specific tools and instruments to set out roles, requirements and performance expectations;
• Supporting compliance with the Act by providing training, policy expertise and guidance;
• Maintaining a compliance regime to enable performance monitoring and reporting and to continuously improve management practices.

CIC supports and maintains a network of ATIP coordinators in all branches within the Department who assist with requests by searching and collecting records and providing recommendations. The coordinators are also responsible for monitoring branch compliance reports. A coordinator’s handbook and suggested list of responsibilities are posted on CIC’s internal website.

Activities and accomplishments

I. Performance

For the 2008-2009 reporting period, CIC achieved a 95.24% compliance rate. This is a significant accomplishment for the Department, given that its volumes increased 23% over the previous year with no corresponding increase in resources.

II. Leadership

During 2008-2009, CIC took part in the Treasury Board Secretariat’s Management Accountability Framework (MAF) Best Practices workshop by presenting its best practices in the area of access to information. As well, the department played a key role in the Secretariat’s ATIP Director-level Working Group, by helping to shape central agency policy and guidance.

In keeping with its goal to respond to requestors in a timely way, CIC demonstrated its leadership and commitment to avoid delays by further reviewing its process. The review included an audit of late files, and increased tracking and monitoring of files. These best practices will continue in 2009-2010 and beyond.

III. Promotion, awareness and training

To promote awareness on Access to Information, three department-wide events were held during the year: Right to Know Week, Learn @ Work Week and the 25th Anniversary of ATIP.

• As part of its participation in the international Right to Know Week, information kiosks were organized in CIC building lobbies to inform and promote Access to Information to all employees.
• During Learn @ Work Week, an initiative sponsored by the Canadian Society for Training and Development, bilingual information and training sessions were provided via video conference for staff across Canada. A total of 125 CIC employees participated in this event.
• To celebrate the 25th anniversary of the Access to Information and Privacy Acts, the Division hosted an open house, which raised awareness and provided staff with a better understanding of the ATIP function at CIC.

In an effort to build capacity, understanding, and awareness of access and privacy issues among managers at CIC, a partnership was developed with CIC’s Learning and Development Division to develop a session that is a requirement of the department’s Middle Manager’s Learning Plan. In addition, a six-part training series for National and Regional ATIP Coordinators was developed and will be further implemented in 2009-2010.

IV. Human resources

It is well known throughout the ATIP Community that there is a shortage of employees with the required knowledge, expertise and experience to meet current demands. To help build its current and future capacity, CIC has implemented strategies to mitigate these challenges:

• Offering developmental assignments for current employees, which allow them to gain experience and expertise in a different unit and on different tasks;
• Partnering with the University of Ottawa’s Co-Op Program to employ students with an interest in the ATIP field, who are later bridged as permanent employees.

For 2009-2010, plans are to take initial steps towards creating a developmental program that would allow ATIP employees to move from junior to more intermediary and senior positions through a structured system of on-the-job experience and formal evaluation.

V. External views

Treasury Board of Canada Management Accountability Framework Assessment Extracts Relating to Access to Information Issues

TBS provided CIC with an acceptable rating for fiscal year 2007-2008, determining that the department was effective in meeting the requirements of the Access to Information Act. For 2008-2009, the department continued its work on updating its Info Source Chapter.

Office of the Information Commissioner Annual Report to Parliament for 2008- 2009

The Information Commissioner recognized CIC for its demonstrated commitment to avoid delays. The report praised the department for its good practices concerning its review and approval process, delegation of authority, and audits and analyses of late files.

Highlights of access to information and statistics

I. Requests received under the Access to Information Act

Between April 1, 2008 and March 31, 2009, CIC received 14,034 requests under the Access to Information Act. This represents an increase of 23% from the previous reporting period.

II. 2008-2009 Trends

The majority (96%) of Access to Information requests received by CIC were for client files, which are often located in CIC’s missions abroad. The remaining 4% of requests were complex issues files. Once again, CIC is the most accessed federal institution, processing approximately one-third (33%) of all Access to Information requests received at the federal level.

In 2008-2009, CIC experienced a significant increase in the number of pages reviewed. Over 800,000 pages were reviewed, representing an overall increase of approximately 48% since 2006-2007. The ratio of pages per request has increased 10%. This is an indicator of requests becoming increasingly voluminous, therefore sometimes requiring more time to process.

III. Source of requests

The largest source of requests (69%) comes from the business sector. This sector represents consultants (36%) and lawyers (33%). 28% of our clientele is represented by the public. The remaining 3% of requestors are made up of media/academia/organization requestors.

IV. Disposition of requests completed

In 2008-2009, CIC completed 13,616 requests, classified as follows:

In 2,336 (17.2%) cases, information was provided in its entirety. In the majority of cases (10,097 or 74.2%), exemptions were invoked.

V. Exemptions invoked

The majority of exemptions invoked under the Access to Information Act fell under three sections: subsection 19(1), which protects personal information, was used in 7,275 cases (40.9%); subsection 15(1), which covers international relations, defence and subversive activities, was used in 6,883 cases (38.7%); and subsection 16(1), which addresses law enforcement and criminal investigations, was used in 2,003 cases (11.2% ).

VI. Consultations

In addition to processing requests under the Access to Information Act, CIC was consulted by other federal government institutions in 161 cases where the records sought from these institutions related to CIC activities.

VII. Extensions

Section 9 of the Access to Information Act provides for an extension of the statutory time limits if consultations are necessary and/or if the request is for a large volume of records and processing the request within the original time limit would unreasonably interfere with the operations of the Department.

CIC took 890 extensions during the 2008-2009 reporting period. Extensions were required in 474 cases (53.3%) to conduct consultations. Of these, 366 (77.2%) were extensions that required more than 30 days. In 400 other cases, extensions were required to complete extensive searching. Of these, 326 (81.5%) required more than 30 days. Finally, 16 extensions (1.8%) were sought for third party consultations.

VIII. Completion time

CIC responded within 30 days or less 63% of the time (8,579 requests). 30.7% (4,175) of requests were responded to within 31 to 60 days. Response times for the remaining requests were 4.9% (673) within 61 to 120 days and 1.4% (189) in 121 days or over.

IX. Complaints

During the 2008-2009 fiscal year, CIC was notified of 63 complaints by the Office of the Information Commissioner, which represents less than half a percent (0.4%) of the total number of requests received. Of the 32 complaints that were resolved, 25 were abandoned, discontinued or deemed to be unfounded. A further 6 complaints were resolved with the requestor. Only one complaint was deemed to be well-founded. In this case, the complaint was regarding an unreasonable delay.

X. Appeals to the Federal Court

No appeals to the Federal Court were filed under the Access to Information Act during the 2008-2009 reporting period.

Appendix A: Statistical report: Access to Information Act

This section summarizes the activities undertaken by CIC under the Access to Information Act in the year under review.

Appendix B: Supplemental reporting requirements
for 2008-2009

Access to Information Act

Appendix C: Report on the Access to Information Act

TBS/SCT 350-62 (Rev. 1999/03)

Appendix D: Delegation order

_______________________________
The Honorable Diane Finley, P.C., M.P.
Minister of Citizenship and Immigration
L’hon. Diane Finley, c.p., député
Ministre de la Citoyenneté et de l’Immigration

Appendix E: Delegation of authority under the
Access to Information Act and the Access to Information Regulations

* Includes acting appointments and assignments to these positions made pursuant to the Public Service Employment Act and regulations.

Legend:

© Minister of Public Works and Government Services Canada, 2009
Cat. no. Ci1-4/2009
978-0-662-06931-7