ARCHIVED – Access to Information Act,
Privacy Act

Warning This Web page has been archived on the Web

Archived Content

Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.

Annual Report
2009–2010

Part One: Access to Information Act

Introduction
About CIC
The Access to Information and Privacy (ATIP) Division
Activities and Accomplishments
Statistical Overview
Appendix A: Report on the Access to Information Act
Appendix B: Supplementary Reporting Requirements Under the Access to Information Act
Appendix C: Delegation Order

Part Two: Privacy Act

Introduction
About CIC
The Access to Information and Privacy (ATIP) Division
Activities and Accomplishments
Statistical Overview
Appendix A: Report on the Privacy Act
Appendix B: Supplementary Reporting Requirements Under the Privacy Act
Appendix C: Delegation Order

>Part One: Access to Information Act

Introduction

Citizenship and Immigration Canada (CIC) is pleased to present to Parliament its 16th Annual Report on the administration of the Access to Information Act for the fiscal year commencing April 1, 2009, and ending March 31, 2010.

The purpose of the Access to Information Act is to provide a right of access to information in records under the control of a government institution. It 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.

Section 72 of the 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 success in carrying out its access to information responsibilities and obligations during the 2009-2010 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 our vast network of organizations that help newcomers settle and integrate are among the best in the world. This tradition is enhanced by the value we place on multiculturalism, which is fundamental to our belief that all citizens are equal. Multiculturalism aims to ensure that all citizens, regardless of their ethno-cultural community, have equal opportunity and feel they belong in Canada. Through multiculturalism, new Canadians are encouraged to integrate into Canadian society and to 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, the Immigration and Refugee Protection Act and the Canadian Multiculturalism Act.

CIC’s work encompasses a broad range of activities, including the following:

facilitating 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;
maintaining Canada’s humanitarian tradition by protecting refugees and other persons in need of protection;
enhancing the values and promoting the rights and responsibilities of Canadian citizenship;
reaching out to all Canadians, and fostering increased intercultural understanding and an integrated society with equal opportunity for all, regardless of race, ethnicity and religion; and
advancing global migration policies in a way that supports Canada’s immigration and humanitarian objectives.

The Access to Information and Privacy (ATIP) Division

The Access to Information and Privacy (ATIP) Division is part of the Corporate Affairs Branch in the Corporate Services Sector. The Division administers the Access to Information Act and is led by a director who acts as the ATIP coordinator for the Department. Five units carry out the Division’s work: Client Services; Complex Cases and Issues; Fast Track; Operations; and Policy, Training and Projects. Each unit’s manager reports to the director.

The ATIP Division receives, coordinates and processes requests for information under the Access to Information Act, providing high-quality and timely service to requesters. The Division also coordinates complaints under the Canadian Human Rights Act.

CIC maintains a network of ATIP coordinators in all branches of the Department who assist with requests by searching and collecting records, and coordinating recommendations from within their branch.

Activities and accomplishments

I. Performance

As in previous years, the Department received more access to information requests (16, 647) than any other federal institution under the Act. In the 2009–2010 reporting period, CIC achieved a 95 percent compliance rate in responding to access to information requests. This is the second consecutive year that CIC has achieved 95 percent—a remarkable accomplishment, considering that the number of requests the Department receives has risen by 45 percent over the last three years.

ATIP is working hard to improve response times by modernizing its service delivery mode. The Division has increased the use of electronic delivery, which includes offering releases on CD or by e‑mail.

II. Leadership

In keeping with its goal to respond to requestors in a timely way, CIC has reviewed its processes and identified areas for improvement. As a result, the ATIP Division has improved the tracking and monitoring of files, and has increased oversight of files that are behind schedule by producing a monthly report to identify opportunities for improvement. These best practices will continue in 2010–2011 and beyond.

In fiscal year 2010-2011, CIC will continue proactively disclosing some of its most requested immigration statistics free of charge, a practice the Department adopted in April 2010. These documents are available on-line or can be requested via e‑mail at research-recherche@cic.gc.ca.

III. Promotion, Awareness and Training

Throughout 2009–2010, the ATIP Division delivered several training sessions, with 324 employees receiving some form of training. ATIP training takes various forms and is customized to meet the needs of particular audiences. Training sessions usually combine elements from both the Access to Information Act and the Privacy Act. In addition, departmental employees participated in various events aimed at promoting awareness of ATIP legislation, including the ATIP Division’s Annual Conference on June 8 and 9, 2009; the Learn at Work event on September 23, 2009; the Right to Know Week from September 28 to October 2, 2009; and ATIP’s Open House, which was held on November 3, 2009.

IV. Policies, Guidelines and Procedures

During the 2009-2010 reporting period, the Department developed an Info Source Handbook. It provides structure and advice on revising the Department’s Info Source Chapter by using the new functional approach, and clarifies requirements, including associated roles and responsibilities. The Department will start using the handbook in 2010-2011.

V. Human Resources

There is a shortage of employees in the federal government’s ATIP community with the required knowledge, expertise and experience to meet current demands. To help build its capacity, CIC has implemented the following strategies to mitigate this challenge:

offering developmental assignments for current employees, which allow them to gain experience and expertise in a different unit, where they carry out different tasks of increasing responsibility; and
partnering with the University of Ottawa’s co-op program to employ students with an interest in the ATIP field, who may later become permanent employees.

In 2010–2011, ATIP will continue its efforts to renew and train the workforce by exploring the creation of a developmental program that would allow employees to move from junior to more intermediate and senior positions through a structured system of on-the-job experience and formal evaluation.

VI. Access to Information Policy Advice and Guidance

To strengthen accountability and assist CIC in meeting its legislative requirements, the ATIP Division has completed a new exemption guide to assist its officers in applying exemptions and exclusions in accordance with the Act. As well, the Division has created an internal service standard for providing policy advice and guidance within the Department and will begin measuring its performance against this standard in 2010-2011.

VII. External Views

Treasury Board of Canada, Secretariat (TBS) Management Accountability Framework Assessment Extracts Relating to Access to Information

Office of the Information Commissioner Special Report to Parliament for 2008‑2009: Out of Time

CIC was recognized in the Information Commissioner’s special report to Parliament for its demonstrable commitment to responding quickly to requests submitted under the Access to Information Act. The report outlined the notable progress CIC has made in recent years, moving from a “poor” grade in 2003-2004 to an “outstanding” five star rating in 2008‑2009. The report also favourably recognized the Department’s limited use of extensions, and acknowledged CIC’s success in maintaining both of these achievements within its existing resource base.

Statistical Overview

I. Requests Received Under the Access to Information Act

Between April 1, 2009, and March 31, 2010, CIC received 16,647 requests under the Access to Information Act. This represents an increase of 19 percent from the previous reporting period. Most of the access to information requests CIC received (95 percent) were requests for client files, often located in CIC’s local offices and missions abroad.

Requests Received Under the Access to Information Act

II. Trends in 2009–2010

CIC received 16,647 access to information requests and continues its trend of receiving more access requests than any other federal institution. The Department processes more than 40% of all access to information requests across the federal government.

Trends in 2009–2010

CIC: Citizenship and Immigration Canada
DND: Department of National Defence
CRA: Canada Revenue Agency
RCMP: Royal Canadian Mounted Police
CBSA: Canada Border Services Agency

In 2009-2010, CIC reviewed over 983,000 pages, representing an overall increase of approximately 60 percent since 2007-2008. This is an indication that requests are becoming increasingly voluminous, therefore requiring more time to review and process.

Trends in 2009–2010

III. Source of Requests

The business category (primarily made up of immigration consultants and lawyers) are the largest source of requests, accounting for 70 percent of all requests. The general public accounts for 27 percent of requests. The remaining 3 percent of requestors are comprised of media, academia and other organizations.

Source of Requests

IV. Disposition of Requests Completed

In 2009-2010, CIC completed 16,556 requests, as shown in the following chart. In 2,365 cases (14 percent), CIC provided all the information requested. In the majority of cases—12,983 or 78 percent—the Department invoked exemptions.

V. Exemptions Invoked

The majority of exemptions CIC invoked fell under three sections of the Access to Information Act: subsection 19(1), which protects personal information, was used in 9,650 cases (43 percent); subsection 15(1), which covers international relations, defence and subversive activities, was used in 8,674 cases (39 percent); and subsection 16(1), which addresses law enforcement and criminal investigations, was used in 2,307 cases (9 percent). It should be noted that more than one subsection can be applied to a specific request. CIC’s application of exemptions is further described in Appendices A and B.

VI. Consultations

In addition to processing requests under the Access to Information Act, CIC was consulted by other federal government institutions in 154 cases where the records under the control of these institutions related to CIC activities.

VII. Extensions

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

CIC invoked a total of 1,386 extensions during the 2009–2010 reporting period. Of these, 852 were deemed necessary so that CIC could consult with other federal institutions prior to responding. Extensions were required in a further 503 instances to search for or through a large volume of records. The Department also invoked 31 extensions in order to conduct third-party notifications in accordance with section 27 of the Act.

VIII. Completion Time

CIC responded to 9,763 requests (59 percent) within 30 days or less. The Department responded to a further 33 percent of requests (5,455) within 31 to 60 days. It completed 7 percent of requests (1,157) within 61 to 120 days, and 1 percent of requests (181) required 121 days or more to complete.

IX. Complaints

Throughout the reporting year, the Department was notified of 81 complaints received by the Office of the Information Commissioner (OIC), which represents less than half a percent of all requests completed during this period. Fifty-nine complaints were carried forward from the previous year.

Eighty-seven complaint investigations were completed during the reporting period. Of these, 61 were abandoned, discontinued or deemed to be unfounded. A further 25 complaints were resolved to the satisfaction of the requester. Only one complaint concerning allegations of unreasonable delay was considered to be well founded by the OIC.

X. Appeals to the Federal Court

No appeals to the Federal Court were filed under the Access to Information Act during the 2009‑2010 reporting period.

Appendix A: Report on the Access to Information Act

Institution: Citizenship and Immigration Canada
Reporting period: 4/1/2009 to 3/31/10
Source: Media 124
Academia: 9
Business: 11,743
Organization: 321
Public: 4,450

1. Requests under the Access to Information Act

Requests under the Access to Information Act	Number of requests
Received during reporting period	16,647
Outstanding from previous period	1,612
TOTAL	18,259
Completed during reporting period	16,556
Carried forward	1,703
TOTAL	18,259

2. Disposition of requests completed

#	Disposition of requests completed	Number of requests completed
1.	All disclosed	2,365
2.	Disclosed in part	12,983
3.	Nothing disclosed (excluded)	15
4.	Nothing disclosed (exempt)	8
5.	Transferred	22
6.	Unable to process	390
7.	Abandoned by applicant	765
8.	Treated informally	8
TOTAL		16,556

3. Exemptions invoked

Exemptions invoked	Number of exemptions invoked
S. Art. 13(1)(a)	171
S. Art. 13(1)(b)	18
S. Art. 13(1)(c)	39
S. Art. 13(1)(d)	34
S. Art. 14	88
S. 15(1) International rel	3
S. 15(1) Defence	8,671
S. 15(1) Subversive activities	0
S. Art 16(1)(a)	63
S. Art 16(1)(b)	40
S. Art 16(1)(c)	2,204
S. Art 16(1)(d)	0
S. Art. 16(2)	375
S. Art. 16(3)	0
S. Art. 17	18
S. Art. 18(a)	0
S. Art. 18(b)	0
S. Art. 18(c)	0
S. Art. 18(d)	1
S. Art. 19(1)	9,650
S. Art. 20(1)(a)	11
S. Art. 20(1)(b)	30
S. Art. 20(1)(c)	12
S. Art. 20(1)(d)	13
S. Art. 21(1)(a)	222
S. Art. 21(1)(b)	242
S. Art. 21(1)(c)	50
S. Art. 21(1)(d)	42
S. Art.22	92
S. Art 23	224
S. Art. 24	3
S. Art 26	2

4. Exclusions cited

Exclusions cited	Number of exclusions cited
S. Art. 68(a)	22
S. Art. 68(b)	0
S. Art. 68(c)	0
S. Art. 69(1)(a)	7
S. Art. 69(1)(b)	1
S. Art. 69(1)(c)	5
S. Art. 69(1)(d)	1
S. Art. 69(1)(e)	9
S. Art. 69(1)(f)	2
S. Art. 69(1)(g)	27

5. Completion time

Completion time	Number of requests completed
30 days or less	9,763
31 to 60 days	5,455
61 to 120 days	1,157
121 days or more	181

6. Extensions

	Extensions of 30 days or less	Extensions of 31 days or more
Searching	198	305
Consultation	301	551
Third party	9	22
TOTAL	508	878

7. Translations

Translations	Number of translations
Requested	0
Prepared: English to French	0
Prepared: French to English	0

8. Method of access

Method of access	Number
Copies given	15,344
Examination	2
Copies and examination	2

9. Fees

Net fees collected	Amount collected
Application fees	$80,050.00
Reproduction	$356.60
Searching	$230.00
Preparation	$0.00
Computer processing	$0.00
TOTAL	$80,636.60

Fees waived	Number of times	Total of fees waived
$25 or less	224	$1,233.80
Over $25	45	$2,554.70

10. Costs

Financial costs (all reasons)	Amount of cost
Salary	$2,448,493.20
Administration (O and M)	$504,774.93
TOTAL	$2,953,268.13

Person-year utilization costs (all reasons)	Employee years spent
Person-year (decimal format)	46.65

Appendix B: Supplementary Reporting Requirements Under the Access to Information Act

1. Part III: Exemptions		Exemptions invoked
Section 13	Subsection 13(e)	0
Section 14	Subsection 14(a)	34
Section 14	Subsection 14(b)	8
Total		42

2. Part IV: Exclusion	Exclusion cited
Subsection 69.1	0

Appendix C: Delegation Order

OFFICIAL DOCUMENT

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION OF CANADA

DELEGATION OF AUTHORITY

ACCESS TO INFORMATION ACT AND PRIVACY ACT

I, the Minister of Citizenship and Immigration, pursuant to Section 73 of the Access to Information Act and the Privacy Act, hereby authorize the officer and employee of Citizenship and Immigration Canada whose position or classification is set out in the attached Schedule to carry out those of my powers, duties or functions under the Acts that are set in the Schedule in relation to that officer and employee.

Dated at Ottawa

This 2^nd day of April 2010

DOCUMENT OFFICIEL

MINISTÈRE DE LA CITOYENNETÉ ET DE L’IMMIGRATION DU CANADA

DÉLÉGATION DE POUVOIRS

LOI SUR L’ACCÈS À L’INFORMATION ET LOI SUR LA PROTECTION DES RENSEIGNEMENTS PERSONNELS

En ma qualité de ministre de la Citoyenneté et de l’Immigration et conformément à l’article 73 de la Loi sur l’accès à l’information et de la Loi sur la protection des renseignements personnels, j’autorise par la présente l’agent(e) et employé(e) de Citoyenneté et Immigration Canada dont le poste ou la classification est énoncé dans l’annexe ci-jointe à exécuter ces fonctions, pouvoirs ou attributions en vertu des lois précisées dans l’annexe visant cet(te) agent(e) et employé(e).

Fait à Ottawa

ce 2^ieme jour d’avril 2010

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

Delegation of Authority under the Access to Information Act and the Access to Information Regulations

Delegation		Position/Title *
Delegation		DM	ADMCS/ DGCA	ATIP/ DIR	ATIP/ MCCI	ATIP/ Arash PM05	ATIP/ PM04/ ASO4A	ATIP/ PM03
Descriptions	Section	1	2	3	4	5	6	7
Access to Information Act
Notice where access granted	7	x	x	x	x	x	x	x
Transfer of request	8(1)	x	x	x	x	x	x	x
Extension of time limits	9(1)	x	x	x	x	x	x	x
Notice of extension to Commissioner	9(2)	x	x	x	x	x	x	x
Notice where access refused	10(1) & (2)	x	x	x	x	x	x	x
Payment of additional fees	11(2)	x	x	x	x	x	x	x
Payment of fees for EDP record	11(3)	x	x	x	x	x	x	x
Deposit	11(4)	x	x	x	x	x	x	x
Notice of fee payment	11(5)	x	x	x	x	x	x	x
Waiver or refund of fees	11(6)	x	x	x	x	x	x	x
Translation	12(2)	x	x	x	x	x	x	x
Conversion to alternate format	12(3)	x	x	x	x	x	x	x
Information obtained in confidence	13	x	x	x	x	x	x	x
Refuse access – federal-provincial affairs	14	x	x	x	x	x	x
Refuse access – international affairs, defense	15(1)	x	x	x	x	x	x
Refuse access – law enforcement and investigation	16(1)	x	x	x	x	x	x
Refuse access – security information	16(2)	x	x	x	x	x	x
Refuse access – policing services for provinces or municipalities	16(3)	x	x	x	x	x	x
Refuse access – safety of individuals	17	x	x	x	x	x
Refuse access – economic interests of Canada	18	x	x	x	x	x
Refuse access – another person’s information	19(1)	x	x	x	x	x	x	x
Disclose personal information	19(2)	x	x	x	x	x	x	x
Refuse access – third party information	20(1)	x	x	x	x	x
Disclose testing methods	20(2) & (3)	x	x	x	x	x
Disclose third party information	20(5)	x	x	x	x	x
Disclose in public interest	20(6)	x	x
Refuse access – advice, etc.	21	x	x	x	x	x	x
Refuse access – tests and audits	22	x	x	x	x	x
Refuse access – solicitor-client privilege	23	x	x	x	x	x	x
Refuse access – prohibited information	24(1)	x	x	x	x	x
Disclose severed information	25	x	x	x	x	x
Refuse access – information to be published	26	x	x	x	x	x
Notice to third parties	27(1)	x	x	x	x	x
Extension of time limit	27(4)	x	x	x	x	x
Notice of third party disclosure	28(1)	x	x	x	x	x
Representation to be made in writing	28(2)	x	x	x	x	x
Disclosure of record	28(4)	x	x	x	x	x
Disclosure on Commissioner’s recommendation	29(1)	x	x	x	x	x
Notice of intention to investigate	32	x	x	x	x
Notice to third party	33	x	x	x	x	x
Right to make representations	35(2)	x	x	x	x	x	x	x
Findings and recommendations of the Information Commissioner	37(1)(b)	x	x	x	x	x	x	x
Access given to complainant	37(4)	x	x	x	x	x	x	x
Notice to third party of court action	43(1)	x	x	x	x	x
Notice to person who requested record	44(2)	x	x	x	x	x
Special rules for hearings	52(2)	x	x	x	x
Ex parte representations	52(3)	x	x	x	x	x
Exempt information may be excluded	71(2)	x	x	x	x	x
Access to Information Regulations
Transfer of requests	6	x	x	x	x	x	x	x
Examination of records	8	x	x	x	x	x	x	x

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

Legend:

DM: Deputy Minister
ADMCS/DGCA: ADM Corporate Services / Director General, Corporate Affairs
ATIP/DIR: Director, Access to Information and Privacy (EX-01)
ATIP/MCCI: Manager, Complex Cases and Issues, Access to Information and Privacy (PM-06)
ATIP/PM05: Senior ATIP Administrators, Access to Information and Privacy (PM-05)
ATIP/PM04/AS04: ATIP Administrators, Access to Information and Privacy (PM-04/AS-04) (Includes Manager of Operations and Manager of Client Service Unit)
ATIP/PM03: ATIP Officers, Access to Information and Privacy (PM-03)

Part Two: Privacy Act

Introduction

Citizenship and Immigration Canada (CIC) is pleased to present to Parliament its 16th Annual Report on the administration of the Privacy Act for the fiscal year commencing April 1, 2009, and ending March 31, 2010.

The purpose of the Privacy Act is to protect the privacy of individuals with respect to personal information about themselves held by a government institution and to provide individuals with a right of access to that information.

Section 72 of the 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 success in carrying out its privacy responsibilities and obligations during the 2009‑2010 reporting period.

About Citizenship and Immigration Canada (CIC)

CIC’s work encompasses a broad range of activities, including the following:

facilitating 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;
maintaining Canada’s humanitarian tradition by protecting refugees and other persons in need of protection;
enhancing the values and promoting the rights and responsibilities of Canadian citizenship;
reaching out to all Canadians, and fostering increased intercultural understanding and an integrated society with equal opportunity for all, regardless of race, ethnicity and religion; and
advancing global migration policies in a way that supports Canada’s immigration and humanitarian objectives.

The Access to Information and Privacy (ATIP) Division

The Access to Information and Privacy (ATIP) Division is part of the Corporate Affairs Branch in the Corporate Services Sector. The Division administers the Privacy Act and is led by a director who acts as the ATIP coordinator for the Department. Five units carry out the Division’s work: Client Services; Complex Cases and Issues; Fast Track; Operations; and Policy, Training and Projects. Each unit’s manager reports to the director.

The ATIP Division receives, coordinates and processes requests for information under the Privacy Act, providing high-quality and timely service to requesters. The Division also coordinates complaints under the Canadian Human Rights Act.

The processing of privacy requests has been decentralized at CIC for the past decade. The Department’s regional coordinators have the authority to make decisions on sections 19 and 26 of the Privacy Act, which enables the Department to process requests within the legislated timeframes.

In addition, CIC maintains a network of ATIP coordinators in all branches of the Department who assist with requests by searching and collecting records, and coordinating recommendations from within their branch.

Activities and accomplishments

I. Performance

In the 2009-2010 reporting period, CIC received 4,948 privacy requests, which remains consistent with previous years. ATIP is working hard to improve response times by modernizing its service delivery mode. The Division has increased the use of electronic delivery, which includes offering releases on CD or by e‑mail.

II. Promotion, Awareness and Training

Throughout 2009-2010, the ATIP Division delivered several training sessions, with 324 employees receiving some form of training. ATIP training takes various forms and is customized to meet the needs of particular audiences. Training sessions usually combine elements from both the Privacy Act and the Access to Information Act. In addition, departmental employees participated in various events aimed at promoting awareness of ATIP legislation, including the ATIP Division’s Annual Conference on June 8 and 9, 2009; the Learn at Work event on September 23, 2009; the Right to Know Week from September 28 to October 2, 2009; and ATIP’s Open House, which was held on November 3, 2009.

III. Policies, Guidelines and Procedures

During the 2009-2010 reporting period, the Department developed two new handbooks: one on Privacy Impact Assessments (PIAs) and one on Info Source.

The PIA Handbook was created to provide policy guidance and practical advice on how to conduct a PIA at CIC and to strengthen and clarify the associated roles and responsibilities. The Department will start using this handbook in 2010-2011.

The Info Source Handbook provides structure and advice on revising the Department’s Info Source Chapter by using the new functional approach, and clarifies requirements, including associated roles and responsibilities. The Department will also start using this handbook in 2010‑2011.

IV. Human resources

offering developmental assignments for current employees, allowing them to gain experience and expertise in a different unit, where they carry out different tasks of increasing responsibility; and
partnering with the University of Ottawa’s co-op program to employ students with an interest in the ATIP field, who may later become permanent employees.

In 2010-2011, ATIP will continue its efforts to renew and train the workforce by exploring the creation of a developmental program that would allow employees to move from junior to more intermediate 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 Privacy Issues

As part of the Management Accountability Framework assessment, TBS gave CIC an acceptable rating for fiscal year 2008‑2009, determining that the Department met the requirements of the Privacy Act effectively when describing collections, uses and disclosures of personal information. For 2010‑2011, the Department is continuing to update and review its Personal Information Banks to ensure consistency with TBS requirements.

Statistical Overview

I. Requests received under the Privacy Act

Between April 1, 2009, and March 31, 2010, CIC received 4,948 requests under the Privacy Act. This represents a decrease of 4 percent from the previous reporting period.

Requests received under the Privacy Act

II. Disposition of Requests Completed

In 2009-2010, CIC completed 4,615 requests, as shown in the following chart. In 1,587 cases (34 percent), CIC provided all the information requested. In another 2,220 (48 percent), the Department invoked exemptions.

Disposition of Requests Completed

III. Exemptions Invoked

The majority of exemptions CIC invoked fell under three sections of the Privacy Act: section 26, which protects personal information, was used in 1,597 cases (42 percent); section 21, which covers international relations, defence and subversive activities, was used in 1,515 cases (40 percent); and subsection 22(1)(b), which addresses law enforcement and criminal investigations, was used in 479 cases (13 percent). It should be noted that more than one subsection can be applied to a specific request. CIC’s application of exemptions is further described in Appendix A.

Exemptions Invoked

IV. Disclosure of Personal Information under Subsection 8(2)

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

During this reporting period, CIC disclosed personal information under subsection 8(2) by responding to 687 requests from investigative bodies under paragraph 8(2)(e). CIC also disclosed information under paragraphs 8(2)(a), (b), (c), (d), (f), (g), (i) and (j). No disclosures were made under paragraphs 8(2)(h), (k), (l) or (m).

V. Consultations

In addition to processing requests under the Privacy Act, CIC was consulted by other federal government institutions in 56 cases where the records under the control of these institutions related to CIC activities.

VI. Extensions

Section 15 of the Privacy Act permits an 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 it within the original time limit would unreasonably interfere with the operations of the Department.

CIC invoked a total of 152 extensions during the 2009-2010 reporting period. Of these, 107 were deemed necessary so that CIC could consult with other federal institutions prior to responding. Extensions were required in a further 37 instances to search for or through a large volume of records. The Department also invoked 8 extensions for translation purposes.

VII. Completion Time

CIC responded to 3,336 requests (71 percent) within 30 days or less. The Department responded to a further 20 percent of requests (914) within 31 to 60 days. It completed 4 percent of requests (162) within 61 to 120 days, and 5 percent of requests (203) required 121 days or more to complete.

Completion Time

VII. Complaints

Throughout the reporting year, the Department was notified of 11 privacy complaints received by the Office of the Privacy Commissioner (OPC), which represents less than half a percent of all requests completed during this period. The principal reason for these complaints was the Department’s use of exemptions to withhold information. Eighteen complaints were also carried forward from the previous year.

Twenty-four complaint investigations were completed during the reporting period. Of these, 15 were deemed not well founded or discontinued, while 3 complaints were resolved to the satisfaction of the requester and 4 were settled during the investigations. Only 2 complaints concerning allegations of unreasonable delay were considered to be well founded by the OPC.

IX. Appeals to the Federal Court

No appeals to the Federal Court were filed under the Privacy Act during the 2009–2010 reporting period.

X. Privacy Impact Assessments and Preliminary Privacy Impact Assessments

To fulfill its mandate and effectively deliver its programs and services, CIC collects, uses and discloses personal information. In accordance with TBS policy, the Department consistently undertakes Privacy Impact Assessments (PIAs) and Preliminary Privacy Impact Assessments (PPIAs) 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

CIC initiated and completed one PPIA in 2009-2010.

Privacy Impact Assessments

CIC completed three PIAs and initiated three others in 2009‑2010. The three initiated PIAs are further explained below.

1. Four-Country Conference High-Value Data Sharing Protocol

The Four-Country Conference (FCC) High-Value Data Sharing (HVDS) Protocol is an initiative for sharing biometric information among the FCC member countries—Canada, Australia, the United Kingdom and the United States—for immigration purposes. New Zealand, which became a new member of the FCC in June 2009, making the forum the Five Country Conference, is considering legislation to join the protocol initiative in the near future.

Under the HVDS Protocol, each country will share approximately 3,000 cases per year to permit fingerprint searching against the biometric information of each FCC country. In Canada, approximately 2,800 refugee claimant cases, drawn from a representative sample, will be shared, while the remaining 200 will be immigration enforcement cases.

The purpose of the data sharing is to assist the countries in managing their immigration programs more effectively. Such collaboration will deliver significant benefits to the Government of Canada and Canadians, including the following:

greater confidence in genuine refugee claimants and improved ability to detect fraudulent claims through identity and immigration case information;
improved ability to remove from Canada individuals whose identities or nationalities were previously either unknown or uncertain; and
improved safety for Canadians through better detection of people with criminal histories or who pose other risks to the public that would affect their immigration case.

An executive summary of the PIA is posted online at the following address: www.cic.gc.ca/english/department/atip/pia/fcc.asp.

2. Provincial/Territorial Enhanced Driver’s Licence and Enhanced Identification Card Program

An Enhanced Driver’s Licence (EDL) is a secure driver’s licence that denotes a person’s identity and Canadian citizenship. The card is similar to a regular driver’s licence in most respects, with additional features such as citizenship information, a machine-readable zone, and a radio frequency identification chip.

The Enhanced Identification Card (EIC) also denotes a person’s identity and Canadian citizenship. It is available to eligible Canadian citizens who do not wish to obtain or cannot obtain an EDL) due to medical reasons or age, for example. The EDL) and EIC are acceptable documents that may be presented for entry into the U.S. by land and water only.

The Government of Canada has worked closely with the provinces of British Columbia, Manitoba, Ontario and Quebec, as well as the U.S. Department of Homeland Security, to develop the EDL) and EIC programs. Participation in the EDL) program, open to Canadian citizens only, is voluntary.

An executive summary of the PIA is posted online at the following address: www.cic.gc.ca/english/department/atip/pia/eic.asp.

3. Regulatory Amendments to the Temporary Foreign Worker Program

The Temporary Foreign Worker Program (TFWP) regulatory amendments are designed to mitigate program abuse by employers. The amendments are meant to clarify and enhance the Government of Canada’s authority to assess the genuineness of an employer’s offer of employment; provide authority to review the previous employment of a temporary foreign worker (TFW); and introduce a two-year denial of service to employers who are found to have provided significantly different wages, working conditions or occupation than offered in the previous employment of a TFW. The regulatory amendments will require employers to provide additional information relating to their job offer and their past engagement of a TFW.

When employers are denied access to the TFWP for a two-year period, CIC will post on its external website their name, address and the date on which an officer informed them of the decision. Employers will be given the opportunity to respond and provide additional information prior to a final decision regarding denial of service and the publication of their information on-line.

An executive summary of the PIA is posted online at the following address:
www.cic.gc.ca/english/department/atip/pia/tfw.asp.

Appendix A: Statistical report: Access to Information Act

Institution: Citizenship and Immigration Canada
Reporting period: 4/1/2009 to 3/31/2010

1. Requests under the Privacy Act

Requests under the Privacy Act	Number of requests
Received during reporting period	4,948
Outstanding from previous period	583
TOTAL	5,531
Completed during reporting period	4,615
Carried forward	916
TOTAL	5,531