ARCHIVED – Access to Information Act,
Privacy Act

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Annual Report
2010–2011

Table of Contents

Part One: Access to Information Act

• Introduction
• About CIC
• Access to Information and Privacy Division
• Activities and Accomplishments
  • Performance
  • Leadership
  • Promotion, Awareness and Training
  • Policies, Guidelines and Procedures
  • Human Resources
  • External Views
• Statistical Overview
  • Requests Received Under the Access to Information Act
  • Trends in 2010-2011
  • Sources of Requests
  • Disposition of Requests Completed
  • Exemptions Invoked
  • Consultations
  • Extensions
  • Completion Time
  • Complaints
  • Appeals to the Federal Court
• 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
• Access to Information and Privacy Division
• Activities and Accomplishments
  • Performance
  • Promotion, Awareness and Training
  • Policies, Guidelines and Procedures
  • Human Resources
  • External Views
• Statistical Overview
  • Requests Received Under the Privacy Act
  • Disposition of Requests Completed
  • Exemptions Invoked
  • Disclosure of Personal Information Under Subsection 8(2)
  • Consultations
  • Extensions
  • Completion Time
  • Complaints
  • Appeals to the Federal Court
  • Privacy Impact Assessments
• 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

1. Introduction

Citizenship and Immigration Canada (CIC) is pleased to present to Parliament its 17th annual report on the administration of the Access to Information Act for the fiscal year commencing April 1, 2010, and ending March 31, 2011.

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. 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.

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 accomplishments in carrying out its access to information responsibilities and obligations during the 2010–2011 reporting period.

2. About 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 ethnocultural 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 into Canadian life 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.

3. Access to Information and Privacy 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, as well as requests made under the Mutual Legal Assistance Treaty.

CIC maintains a network of 45 ATIP coordinators, representing the branches and regions of the Department. The ATIP coordinators assist with requests by searching for and collecting records, and coordinating recommendations.

4. Activities and accomplishments

I. Performance

As in previous years, the Department received more access to information requests (18,862) than any other federal institution under the Act. In the 2010–2011 reporting period, CIC achieved a 92.35 percent compliance rate in responding to access to information requests. This is a considerable accomplishment given the fact that over the last three years the number of requests the Department received increased by 34 percent.

ATIP is focusing on improving response times by modernizing its service delivery mode. Examples are the increased use of electronic delivery, which includes offering releases on CD or by e-mail, the development of a new ATIP request form with clearer instructions, and the installation of a 1-800 toll-free client service line. A further step toward modernization of service delivery will be the introduction of an electronic credit card payment process to collect ATIP fees in 2011-2012.

II. Leadership

In keeping with its goal of responding to requesters in a timely way, CIC has continued to exercise established best practices for tracking and monitoring files, including increased oversight of files that are behind schedule by means of monthly reports. These best practices will continue in 2011–2012 and beyond.

In fiscal year 2010-2011, CIC put in place a process for proactive disclosure of its completed access to information requests (note: this does not include requests for personal information). Summaries are available online. Copies of released records can be obtained informally by sending an e-mail request to ATIP-AIPRP@cic.gc.ca. CIC’s most requested immigration statistics can also be made available for a $100 charge by sending an email to research-recherche@cic.gc.ca. In addition, CIC has contributed to the Open Data Pilot Project (www.data.gc.ca), an initiative that makes more non-sensitive public data available.

III. Promotion, Awareness and Training

Over the course of 2010-2011, CIC’s ATIP Division conducted a complete review of CIC’s internal ATIP training program. The courses were revised and enhanced in order to provide CIC with more comprehensive and standardized training. In 2010-2011, the ATIP Division began delivering the new training to ATIP coordinators and middle managers. In total, the ATIP Division delivered 18 training sessions, with 215 employees receiving some form of training. An additional 158 departmental employees participated in various events aimed at raising awareness of ATIP legislation, including the ATIP Division’s annual conference on May 20 and 21, 2010; the Learn at Work event on September 22, 2010; the Right to Know Week from September 27 to October 1, 2010; and ATIP’s Open House, which was held on September 30, 2010.

In 2010-2011, the ATIP Division also reviewed its section on the CIC intranet site in order to provide a more current, comprehensive and user-friendly tool for CIC employees. The new ATIP section was launched at the beginning of April 2011.

The Division also created the ATIP Bulletin, published twice a year. This publication will serve to increase access to information and privacy awareness within the Department and provide news and updates on the latest issues related to access to information and privacy. The first issue of the ATIP Bulletin was published in April 2011 and is available on the new ATIP section of CIC’s internal website.

IV. Policies, Guidelines and Procedures

During the 2010-2011 reporting period, the Department began using its newly-developed Info Source handbook. The handbook provides structure and advice on how to revise the Department’s Info Source chapter using the new functional approach, and clarifies the requirements, including the roles and responsibilities of key players.

To strengthen accountability and assist CIC in meeting its legislative requirements, the ATIP Division began to measure its response rate to internal requests for policy advice and guidance in accordance with its internal service standards. During the evaluation period, the Division demonstrated its commitment to providing excellent professional internal services by responding to requests within the allotted number of working days 97 percent of the time.

V. Human Resources

The public service is faced with a challenging situation related to the 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 to current ATIP employees, allowing them to gain experience and expertise in another unit where they carry out different tasks of increasing responsibility;
• partnering with other government departments in conducting selection processes;
• leading job-shadowing sessions four times a year with two participants from within CIC; and
• entering into partnerships 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 a continued effort to renew and train the work force, the ATIP Division is working to adopt the Treasury Board Secretariat (TBS) developmental program that allows employees to move from junior to intermediate to senior positions through a structured system of on-the-job experience and formal evaluation.

VI. External Views

Treasury Board Secretariat Management Accountability Framework Assessment—Extracts Relating to Access to Information

As part of the Management Accountability Framework assessment, TBS gave CIC an acceptable rating for fiscal year 2010–2011, determining that the Department met the requirements of the Access to Information Act effectively.

5. Statistical Overview

I. Requests Received Under the Access to Information Act

Between April 1, 2010, and March 31, 2011, CIC received 18,862 requests under the Access to Information Act. This represents an increase of 13 percent from the previous reporting period. Most of the access to information requests CIC received were for personal information files (96 percent), often located in CIC local offices and at missions abroad.

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II. Trends in 2010–2011

CIC received 18,862 access to information requests, continuing the trend of receiving more access requests than any other federal institution. In 2009-2010, the Department processed more than 47 percent of all access to information requests across the federal government. Current trends indicate that after complete government-wide statistics for 2010-2011 are available for analysis, that figure will likely rise again.

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CIC:

Citizenship and Immigration Canada

DND:

Department of National Defence

CRA:

Canada Revenue Agency

CBSA:

Canada Border Services Agency

In 2010–2011, CIC reviewed over 1,147,700 pages, representing an overall increase of 42 percent since 2008–2009. This is an indication that requests are becoming increasingly voluminous. Clearly, requests involving a higher number of pages require more time to review and process.

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III. Source of Requests

The business category (primarily made up of immigration consultants and lawyers) is the largest source of requests, accounting for 70 percent of all requests. The general public accounts for 28 percent of requests. The remaining 2 percent of requesters are comprised of media, academia and other organizations.

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IV. Disposition of Requests Completed

In 2010–2011, CIC completed 18,070 requests, as shown in the following chart. In 4,098 cases (23 percent), CIC released all of the information requested. In the majority of cases—12,762 (71 percent)—the Department invoked exemptions.

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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 10,377 cases (57 percent);
• subsection 15(1), which covers international relations, defence and subversive activities, was used in 5,494 cases (30 percent);
• subsection 16(1), which addresses law enforcement and criminal investigations, was used in 2,563 cases (25 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.

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VI. Consultations

In addition to processing requests under the Access to Information Act, CIC was consulted by other federal government institutions in 175 cases where the records under their control related to CIC activities.

VII. Extensions

Section 9 of the Access to Information Act permits an extension of 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 1,877 extensions during the 2010–2011 reporting period. Extensions were required in 722 instances to consult with other federal institutions prior to responding. Extensions were required in a further 1,109 instances to search through a large volume of records. The Department also invoked 46 extensions in order to conduct third-party notifications in accordance with section 27 of the Act.

VIII. Completion Time

CIC responded to 10,578 requests (59 percent) within 30 days or less. The Department responded to a further 31 percent of requests (5,531) within 31 to 60 days. It completed 9 percent of requests (1,693) within 61 to 120 days, and 1 percent of requests (268) required 121 days or more to complete.

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IX. Complaints

Through the 2010-2011 reporting period, the Department was notified of 84 complaints received by the Office of the Information Commissioner, which represents less than one-half of one percent of all requests completed during this period.

During the reporting period, 81 complaint investigations were completed. Of these, 41 were abandoned, discontinued or deemed to be unfounded and the remaining 40 complaints were resolved to the satisfaction of the requester.

X. Appeals to the Federal Court

No appeals to the Federal Court were filed against CIC regarding the Access to Information Act complaints during the 2010–2011 reporting period.

Appendix A: Report on the Access to Information Act

Institution: Citizenship and Immigration Canada
Reporting period: 4/1/2010 to 3/31/2011
Source: Media 114
Academia: 16
Business: 13 139
Organization: 243
Public: 5,350

1. Requests under the Access to Information Act

2. Disposition of requests completed

3. Exemptions invoked

4. Exclusions cited

5. Completion time

6. Extensions

7. Translations

8. Method of access

9. Fees

10. Costs

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

Part III: Exemptions invoked

• Paragraph 13(1)(e): 0
• Subsection 16.1(1)(a): 0
• Subsection 16.1(1)(b): 0
• Subsection 16.1(1)(c): 0
• Subsection 16.1(1)(d): 0
• Subsection 16.2(1): 0
• Subsection 16.3: 0
• Subsection 16.4(1)(a): 0
• Subsection 16.4(1)(b): 0
• Subsection 16.5: 0
• Subsection 18.1(1)(a): 0
• Subsection 18.1(1)(b): 0
• Subsection 18.1(1)(c): 0
• Subsection 18.1(1)(d): 0
• Subsection 20(1)(b.1): 0
• Subsection 20.1: 0
• Subsection 20.2: 0
• Subsection 20.4: 0
• Subsection 22.1(1): 0

Part IV: Exclusion cited

• Subsection 68.1: 0
• Subsection 68.2(a): 0
• Subsection 68.2(b): 0
• Subsection 69.1(1): 0
  

Appendix C: Delegation Order

_______________________________
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

* 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

1. Introduction

Citizenship and Immigration Canada (CIC) is pleased to present to Parliament its 17th annual report on the administration of the Privacy Act for the fiscal year commencing April 1, 2010, and ending March 31, 2011.

The purpose of the Privacy Act is to protect the privacy of individuals with respect to personal information about them 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 accomplishments in carrying out its privacy responsibilities and obligations during the 2010–2011 reporting period.

2. About 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 ethnocultural 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 into Canadian life 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.

3. Access to Information and Privacy 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, as well as requests made under the Mutual Legal Assistance Treaty.

CIC maintains a network of 45 ATIP coordinators, representing the branches and regions of the Department. The ATIP coordinators assist with requests by searching for and collecting records, and coordinating recommendations.

4. Activities and accomplishments

I. Performance

In the 2010-2011 reporting period, CIC received 4,609 privacy requests, a slight decrease from the previous reporting period. CIC’s ATIP Division is focusing on improving response times by modernizing its service delivery mode. Examples are the increased use of electronic delivery, which includes offering releases on CD or by e-mail, the development of a new ATIP request form with clearer instructions, and the installation of a 1-800 toll-free client service line. A further step toward modernization of service delivery will be the introduction in 2011-2012 of an electronic credit card payment process to collect ATIP fees.

II. Promotion, Awareness and Training

Over the course of 2010-2011, CIC’s ATIP Division conducted a complete review of CIC’s internal ATIP training program. The courses were revised and enhanced in order to provide CIC with a more comprehensive and standardized training. In 2010-2011, the ATIP Division began delivering the new training to ATIP coordinators and middle managers. In total, the ATIP Division delivered 18 training sessions, with 215 employees receiving some form of training. An additional 158 departmental employees participated in various events aimed at raising awareness of ATIP legislation, including the ATIP Division’s annual conference on May 20 and 21, 2010; the Learn at Work event on September 22, 2010; the Right to Know Week from September 27 to October 1, 2010; and ATIP’s Open House, which was held on September 30, 2010.

In 2010-2011, the ATIP Division also reviewed its section on the CIC intranet site in order to provide a more current, comprehensive and user-friendly tool for CIC employees. The new ATIP section was launched at the beginning of April 2011.

The Division also created the ATIP Bulletin, published twice a year. This publication will serve to increase access to information and privacy awareness within the Department and provide news and updates on the latest issues surrounding access to information and privacy. The first issue of the ATIP Bulletin was published in April 2011 and is available on the new ATIP section of CIC’s internal website.

III. Policies, Guidelines and Procedures

During the 2010-2011 reporting period, CIC developed the Privacy Framework to coordinate and manage the administration of the Privacy Act in order to support and maintain a coherent and effective approach to govern privacy issues. The Privacy Framework is intended to ensure that legislative requirements have been identified and made clear to stakeholders; that a compliance regime is in place to ensure that CIC meets the requirements; that the necessary support, advice, guidance, training, tools and coordination are provided to meet the requirements; and that the appropriate governance mechanisms are in place and regularly reviewed to provide accountability and consistency.

To support the Privacy Framework, the ATIP Division recently developed the Privacy Impact Assessment (PIA) handbook. This handbook provides policy guidance, a strengthened understanding of roles and responsibilities, and practical advice on how to conduct a PIA at CIC.

During the 2010-2011 reporting period, the Department began using its newly-developed Info Source handbook. The handbook provides structure and advice on how to revise the Department’s Info Source chapter using the new functional approach, and clarifies the requirements, including the roles and responsibilities of key players.

To strengthen accountability and assist CIC in meeting its legislative requirements, the ATIP Division began to measure its response rate to internal requests for policy advice and guidance in accordance with its internal service standards. During the evaluation period, the Division demonstrated its commitment to providing excellent professional internal services by responding to requests within the allotted number of working days 97 percent of the time.

IV. Human resources

The public service is faced with a challenging situation related to the 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 to current ATIP employees, allowing them to gain experience and expertise in another unit where they carry out different tasks of increasing responsibility;
• partnering with government departments in conducting selection processes;
• leading job-shadowing sessions four times a year with two participants from within CIC; and
• entering into partnerships 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 a continued effort to renew and train the work force, the ATIP Division is working to adopt the Treasury Board Secretariat (TBS) developmental program that allows employees to move from junior to intermediate to senior positions through a structured system of on-the-job experience and formal evaluation.

V. External views

Treasury Board Secretariat 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 2010–2011, determining that the Department had met the requirements of the Privacy Act effectively when describing the collection, use and disclosure of personal information. The Department continues to update and review its personal information banks to ensure consistency with TBS requirements.

5. Statistical Overview

I. Requests received under the Privacy Act

Between April 1, 2010, and March 31, 2011, CIC received 4,609 requests under the Privacy Act. This represents a decrease of 7 percent from the previous reporting period.

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II. Disposition of Requests Completed

In 2010–2011, CIC completed 4,570 requests, as shown in the following chart. In 1,106 cases (24 percent), CIC provided all the information requested. For 2,519 requests (55 percent), the Department invoked exemptions.

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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 1,760 cases (38 percent);
• section 21, which covers international relations, defence and subversive activities, was used in 1,669 cases (36 percent);
• subsection 22(1)(b), which addresses law enforcement and criminal investigations, was used in 547 cases (12 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.

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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 742 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 70 cases where the records under their control 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 145 extensions during the 2010-2011 reporting period. Of these, 87 were deemed necessary so that CIC could consult with other federal institutions prior to responding. Extensions were required in a further 52 instances to search for or through a large volume of records. The Department also invoked 6 extensions for translation purposes.

VII. Completion Time

CIC responded to 2,621 requests (57 percent) within 30 days or less. The Department responded to a further 19 percent of requests (852) within 31 to 60 days. It completed 8 percent of requests (367) within 61 to 120 days, and 16 percent of requests (734) required 121 days or more to complete.

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VII. Complaints

Through the 2010-2011 reporting period, the Department was notified of 19 privacy complaints received by the Office of the Privacy Commissioner. This represents less than one-half of one percent of all requests completed during this period. The principal reason for these complaints was the Department’s use of exemptions to withhold information.

Nine complaint investigations were completed during the reporting period. Of these, 2 were deemed not well founded or discontinued, while 6 were resolved to the satisfaction of the requester and one was settled during the investigation.

IX. Appeals to the Federal Court

No appeals to the Federal Court were filed against CIC regarding the Privacy Act complaints during the 2010–2011 reporting period.

X. Privacy Impact Assessments and Preliminary Privacy Impact Assessments

To fulfil 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) to determine whether privacy risks are present in new or existing departmental programs, initiatives or projects that collect and retain personal information.

CIC initiated five PIAs and completed two others in 2010–2011. Details of the two completed PIAs are provided below.

1) Regulatory Amendments to the Temporary Foreign Worker Program

The proposed regulatory amendments to the Temporary Foreign Worker Program (TFWP) would clarify and enhance the Government of Canada’s authority to assess the genuineness of an employer’s offer of employment; provide authority to conduct reviews on 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 proposed regulatory amendments would require employers to provide additional information related to their job offer and their past engagement of a TFW. Employers who are denied access to the TFWP for a two-year period would have the following information posted on CIC’s external website: their name and address, and the date on which they were informed of the decision by an officer. It should be noted, however, that employers would 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 online. The PIA identified risks regarding the collection, use and disclosure of personal information relevant to the regulatory amendments. CIC will implement measures to mitigate or eliminate these risks before the TFWP regulatory amendments are implemented.

2) PIA on Memorandum of Understanding on Quality Assurance Information Sharing for Immigration Medical Examiners

Immigration medical examiners conduct the immigration medical examinations of applicants for permanent and temporary residence in Canada and play an important role in assisting CIC in carrying out its responsibilities. CIC’s Health Branch and Australia’s Department of Immigration and Citizenship (DIAC) operate a similar program for the quality assurance (QA) of its immigration medical examiners. In many instances, Canada and Australia use the same immigration medical examiner to conduct immigration medical examinations. In order to increase efficiency, CIC and DIAC will be sharing QA information on immigration medical examiners, to avoid both countries conducting QA on the same immigration medical examiner. For the purposes of data sharing, CIC’s Health Branch and DIAC are entering into a memorandum of understanding (MOU). The PIA report evaluated the MOU on the information sharing of immigration medical examiners quality assurance information. This PIA report identified privacy risks primarily centred on completing documentation to support the privacy and security obligations of CIC Health Branch’s QA information sharing. Recommendations are made to mitigate or eliminate these privacy risks.

PIA summaries for CIC can be found at http://www.cic.gc.ca/english/department/atip/pia/index.asp.

Appendix A: Statistical report: Access to Information Act

Institution: Citizenship and Immigration Canada
Reporting period: 4/1/2010 to 3/31/2011

1. Requests under the Privacy Act

2. Disposition of requests completed

3. Exemptions invoked

4. Exclusions Cited

5. Completion Time

6. Extensions

7. Translations

8. Method of Access

9. Corrections and Notation

10. Costs

Appendix B: Supplementary Reporting Requirements Under the Privacy Act

To monitor compliance with the PIA Policy, TBS has asked institutions to report the following information for this reporting period.

• Privacy Impact Assessments initiated: 5
• Privacy Impact Assessments completed: 2
• Privacy Impact Assessments forwarded to the Office of the Privacy Commissioner (OPC): 4

Part III: Exemptions invoked

• Paragraph 19(1)(e): 0
• Paragraph 19(1)(f): 0
• Subsection 22.1: 0
• Subsection 22.2: 0
• Subsection 22.3: 0

Part IV: Exclusion cited

• Subsection 69.1: 0
• Subsection 70.1: 0

Appendix C: Delegation Order

_______________________________
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

* 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, ATIP (EX-01)

ATIP/MCCI

Manager, Complex Cases and Issues, ATIP (PM-06)

ATIP/PM05

Senior ATIP Administrator, ATIP (PM-05)

RDG

Regional Directors General and Directors

RPC

Regional and Case Processing Centre Privacy Coordinators

ATIP/PM04/AS04

ATIP Administrators, ATIP (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)