Access to Information Act,
Privacy Act

Annual Report
2011–2012

Table of Contents

• Part One – Access to Information Act
• Introduction
• About CIC
• Access to Information and Privacy Division
• Activities and Accomplishments
  • I. Performance
  • II. Leadership
  • III. Promotion, Awareness and Training
  • IV. Policies, Guidelines and Procedures
  • V. Horizontal and Collaborative Engagement
  • VI. Human Resources
  • VII. External Views
• Statistical Overview
  • I. Requests Received Under the Access to Information Act
  • II. Sources of Requests
  • III. Disposition of Completed Requests
  • IV. Exemptions Invoked
  • V. Consultations
  • VI. Extensions
  • VII. Completion Time
  • VIII. Complaints
  • IX. Appeals to the Federal Court
• Appendix A: Report on the Access to Information Act
• Appendix B: Delegation Order

• Part Two – Privacy Act
• Introduction
• About CIC
• Access to Information and Privacy Division
• Activities and Accomplishments
  • I. Performance
  • II. Promotion, Awareness and Training
  • III. Policies, Guidelines and Procedures
  • IV. Horizontal and Collaborative Engagement
  • V. Human Resources
  • VI. External Views
• Statistical Overview
  • I. Requests Received Under the Privacy Act
  • II. Disposition of Completed Requests
  • III. Exemptions Invoked
  • IV. Disclosure of Personal Information Under Subsection 8(2)
  • V. Consultations
  • VI. Extensions
  • VII. Completion Time
  • VIII. Complaints
  • IX. Appeals to the Federal Court
  • X. Privacy Impact Assessments
• Appendix A: Report on the Privacy Act
• Appendix B: Delegation Order

Part One: Access to Information Act

Introduction

Citizenship and Immigration Canada (CIC) is pleased to present to Parliament its 18^th annual report on the administration of the Access to Information Act for the fiscal year commencing April 1, 2011, and ending March 31, 2012.

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 2011–2012 reporting period.

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 people 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 people 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.

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. Four units carry out the Division’s work: Operations; Complex Cases and Issues; Fast Track; 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 requests made under the Mutual Legal Assistance Treaty.

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

Activities and Accomplishments

I. Performance

For yet another year, Citizenship and Immigration Canada has received more Access to Information (ATI) requests than any other federal institution. A total of 20,575 ATI requests were received in the 2011–2012 fiscal year, which represents an increase of almost 10 percent from the previous year and breaks another record in ATIP’s history. Notwithstanding this significant increase in volume, the Department managed to maintain a relatively high compliance rate of 88.09 percent.

II. Leadership

As part of CIC’s modernization agenda, the ATIP Division has made great strides over the past year to improve its client service delivery and has worked diligently to increase efficiencies and modernize its operations. ATIP has carried out a number of innovative initiatives, some of which include the following:

• Introducing a new online payment mechanism, specifically “e-Payment,” to collect ATI application fees, which has set a precedent for all other federal institutions;
• Launching an improved application form that contains new functions in an effort to go beyond the “duty to assist” in client service delivery. Also, the new form has clear and easy-to-follow instructions to help guide clients on how to submit a request.
• Implementing a more reliable state-of-the-art case management system to facilitate the tracking of requests and the retention and disposition of documents; and
• Moving toward a greener business environment by converting ATIP’s internal workflow from paper to electronic processing and record-keeping systems, and by encouraging partners to transmit documents electronically.

These best practices in improving and modernizing ATIP operations will continue in 2012–2013 and beyond.

III. Promotion, Awareness and Training

The CIC ATIP Division had an exceptional year in terms of training and raising awareness of the importance of ATIP and the roles and responsibilities of all employees. In 2011–2012, the Division trained 1,300 CIC staff across Canada, including employees of the International Region going abroad. New comprehensive and standardized training courses were delivered, such as an introductory ATIP information session, as well as more specialized courses on a wide range of ATIP-related topics, which were designed specifically for middle managers and ATIP specialists. A total of 24 training sessions were delivered at national headquarters and an additional 23 were delivered in the regional offices across Canada. This marked the first year that the ATIP Division undertook regional training, which proved to be quite successful and well received.

Throughout the fiscal year, the ATIP Division also led several awareness events, such as an information kiosk at the Learning Fair on September 21, 2011, an ATIP Open House on September 28, and various videoconferences during Information Management Awareness Week from November 14 to 18. In addition, the Division hosted an ATIP Coordinator Conference on May 25–26, 2011, to raise awareness among ATIP staff throughout the Department. Finally, three job-shadowing sessions were held at the ATIP Division to develop a better understanding of the importance of integrating access to information and privacy best practices into other program areas. A total of 200 employees participated in these awareness activities.

The Division continues to publish the ATIP Bulletin, which serves to increase ATIP awareness within the Department and provides news and updates on the latest issues related to access to information and privacy. All past issues are available to CIC employees on the ATIP section of CIC’s internal website.

IV. Policies, Guidelines and Procedures

During the 2011–2012 reporting period, the ATIP Division developed new internal processes and procedures to streamline its operations, which ultimately resulted in more efficient processing times for ATI requests. New tools, such as service standards, were also implemented to regularly monitor ATI volumes and improve productivity.

In addition, the Division continues to demonstrate its commitment to assist CIC in meeting its legislative requirements by providing timely and professional internal service for policy advice and guidance in accordance with its internal service standards. The Division also ensures that the service standards are reviewed and updated regularly to reflect new circumstances.

V. Horizontal and Collaborative Engagement

CIC is a strong advocate of horizontal and collaborative engagement. As the most accessed federal institution with the highest volume of requests, CIC’s ATIP Division actively engages with several departments and organizations to share and disseminate advice, ideas and best practices. In 2011–2012, as a leader in the ATIP field, CIC participated in several initiatives to improve the administration of ATIP across the federal government. Highlights include:

• Information-sharing agreements;
• Ministerial priorities that involve personal information;
• CIC-CBSA electronic consultation process; and
• Online summaries of completed Access to Information requests.

Through formal and informal consultations, CIC continually provides support and guidance to various organizations, such as the Canada Border Services Agency, the Canada Revenue Agency, the Canadian Security Intelligence Service, Foreign Affairs and International Trade Canada, Public Works and Government Services Canada and the Treasury Board Secretariat (TBS). These sharing practices will continue in 2012–2013 and beyond.

VI. Human Resources

The public service continues to be 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;
• Providing ongoing training for employees to acquire additional knowledge and skills in the ATIP field;
• Partnering with other government departments in conducting selection processes;
• Leading job-shadowing sessions on a quarterly basis; and
• Hiring full-time students through the Federal Student Work Experience Program, which gives students who may later become federal employees the opportunity to gain valuable hands-on work experience in the ATIP field.

In a continued effort to renew and train the work force, the ATIP Division is looking forward to adopting the TBS ATIP Developmental Program that will allow employees to move from junior to intermediate to senior positions through a structured system of on-the-job experience and formal evaluation.

VII. External Views

Treasury Board Secretariat Management Accountability Framework Assessment Extracts Related to Access to Information

As part of the Management Accountability Framework assessment, TBS gave CIC an overall rating of acceptable for the “Effectiveness of Information Management” stream for 2011–2012. For the Access to Information section, CIC received an acceptable rating, as all of the requirements of the Access to Information Act were effectively met. However, for the ATIP governance and capacity section, the Department received a strong rating, as evidence clearly demonstrated that a healthy governance structure was in place, which successfully supports the administration of the ATIP program.

Statistical Overview

I. Requests Received Under the Access to Information Act

CIC continues to be the most accessed federal institution, receiving an unprecedented 20,575 requests under the Access to Information Act between April 1, 2011, and March 31, 2012. This total represents an increase of nearly 10 percent from the previous reporting period, and a doubling of volume over the past six years. As noted above, CIC is taking on the increase in volume in innovative ways in order to respond to requests within the legislative delays.

Text version: Volume of Requests Received

Text version: Volume of Requests Completed

CIC remains the most accessed federal government department. The majority of access to information requests CIC received were for personal information files.

Text version: CIC: Most Accessed Department

Not only is CIC receiving a growing number of requests, the requests themselves are becoming increasingly voluminous. In 2011–2012, CIC reviewed over 1,359,600 pages, representing an overall increase of 18 percent since last fiscal year. Requests involving a higher number of pages require more time to review and process.

Text version: Pages Reviewed

II. Sources of Requests

The business sector (primarily made up of immigration consultants and lawyers) is the largest source of requests, accounting for 62 percent of all requests. The general public accounts for 36 percent of requests. The remaining two percent are comprised of media, academia and other organizations.

Text version: Sources of Access to Information Requests

III. Disposition of Completed Requests

In 2011–2012, CIC completed 20,891 requests. In 5,158 cases (25 percent), CIC provided all the information requested. In the majority of cases—15,733 (75 percent)—the Department invoked exemptions.

IV. 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 10,672 cases (51 percent);
• Subsection 15(1), which covers international relations, defence and subversive activities, was used in 6,452 cases (31 percent); and
• Subsection 16(1), which addresses law enforcement and criminal investigations, was used in 2,231cases (11 percent).

It should be noted that more than one subsection can be applied to a specific request.

V. Consultations

In addition to processing requests under the Access to Information Act, CIC was consulted by other federal government institutions in 204 cases where the records under the control of these institutions related to CIC activities.

VI. Extensions

Section 9 of the Access to Information Act allows 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 3,321 extensions during the 2011–2012 reporting period. Extensions were required in 1,038 instances when CIC consulted with other federal institutions prior to responding. Extensions were required in 2,236 instances to search through a large volume of records. The Department also invoked 47 extensions in order to conduct third-party notifications.

VII. Completion Time

CIC responded to 11,060 requests (53 percent) within 30 days or less, and a further 6,180 requests (30 percent) within 31 to 60 days. It completed 2,759 requests (13 percent) within 61 to 120 days, and 892 requests (four percent) required 121 days or more to complete.

Text version: Access to Information Requests Completion Time

VIII. Complaints

Throughout the 2011–2012 reporting period, the Department was notified of 66 complaints received by the Office of the Information Commissioner, which represents 0.3 percent of all requests completed during this period. The majority of complaints are related to processing times and exemptions.

During the reporting period, 48 complaint investigations were completed. Of these, 25 were abandoned, discontinued or deemed to be unfounded and the remaining 23 complaints were resolved to the satisfaction of the requester.

IX. Appeals to the Federal Court

No appeals to the Federal Court were filed against CIC regarding the Access to Information Act complaints during the 2011–2012 reporting period.

Appendix A: Report on the Access to Information Act

Statistical Report on the Access to Information Act

Name of institution: Citizenship and Immigration Canada

Reporting period: 01/04/2011 to 31/03/2012

Part 1 – Requests under the Access to Information Act

Part 2 – Requests closed during the reporting period

2.5 Complexity

2.6 Deemed refusals

Part 3 - Extensions

Part 4 - Fees

Part 5 - Consultations received from other institutions and organizations

Part 6 - Completion time of consultations on Cabinet confidences

Part 7 - Resources related to the Access to Information Act

Appendix B: 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 20^th day of May, 2012

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 20^e jour de mai 2012

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, ATIP (PM-06)

ATIP/MPM05/
SUPPM04

Managers, Operations and Fast Track, ATIP (PM-05) / Supervisor, Fast Track (PM-04)

ATIP/PM05

Senior ATIP Administrators, ATIP (PM-05)

ATIP/PM04

ATIP Administrators, ATIP (PM-04)

ATIP/PM03

ATIP Officers, ATIP (PM-03)

Part Two: Privacy Act

Introduction

CIC is pleased to present to Parliament its 18^th annual report on the administration of the Privacy Act for the fiscal year commencing April 1, 2011, and ending March 31, 2012.

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 2011–2012 reporting period.

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 people 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 people 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.

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. Four units carry out the Division’s work: Operations; Complex Cases and Issues; Fast Track; and Policy, Training and Projects.

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 requests made under the Mutual Legal Assistance Treaty.

CIC maintains a network of 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.

Activities and Accomplishments

I. Performance

In the 2011–2012 fiscal year, CIC received 4,817 privacy requests, a slight increase from the previous reporting period.

As part of CIC’s modernization agenda, the ATIP Division has made great strides over the past year to improve its client service delivery and has worked diligently to increase efficiencies and modernize its operations. ATIP has carried out a number of innovative initiatives, some of which include the following:

• Introducing a new online payment mechanism, specifically “e-Payment,” to collect ATI application fees, which has set a precedent for all other federal institutions;
• Launching an improved application form that contains new functions in an effort to go beyond the “duty to assist” in client service delivery. Also, the new form has clear and easy-to-follow instructions to help guide clients on how to submit a request.
• Implementing a more reliable state-of-the-art case management system to facilitate the tracking of requests and the retention and disposition of documents; and
• Moving toward a greener business environment by converting ATIP’s internal workflow from paper to electronic processing and record-keeping systems, and by encouraging partners to transmit documents electronically.

These best practices in improving and modernizing ATIP operations will continue in 2012–2013 and beyond.

II. Promotion, Awareness and Training

The CIC ATIP Division had an exceptional year in terms of training and raising awareness of the importance of ATIP and the roles and responsibilities of all employees. In 2011–2012, the Division trained 1,300 CIC staff across Canada, including employees of the International Region going abroad.

New comprehensive and standardized training courses were delivered, such as an introductory ATIP information session, as well as more specialized courses on a wide range of ATIP-related topics, which were designed specifically for middle managers and ATIP specialists. A total of 24 training sessions were delivered at national headquarters and an additional 23 were delivered in the regional offices across Canada. This marked the first year that the ATIP Division undertook regional training, which proved to be quite successful and well received.

Throughout the fiscal year, the ATIP Division also led several awareness events, such as an information kiosk at the Learning Fair on September 21, 2011, an ATIP Open House on September 28, and various videoconferences during Information Management Awareness Week on November 14–18. In addition, the Division hosted an ATIP Coordinator Conference on May 25–26, 2011, to raise awareness among ATIP staff throughout the Department. Finally, three job-shadowing sessions were held at the ATIP Division to develop a better understanding of the importance of integrating access to information and privacy best practices into other program areas. A total of 200 employees participated in these awareness activities.

The Division continues to publish the ATIP Bulletin, which serves to increase ATIP awareness within the Department and provides news and updates on the latest issues related to access to information and privacy. All past issues are available to CIC employees on the ATIP section of CIC’s internal website.

III. Policies, Guidelines and Procedures

During the 2011–2012 reporting period, the ATIP Division developed new internal processes and procedures to streamline its operations, which ultimately resulted in more efficient processing times for ATI requests. New tools, such as service standards, were also implemented to regularly monitor ATI volumes and improve productivity.

The Department upheld its commitment to assist and support CIC employees in dealing with and responding to privacy breaches. The Guidelines for Privacy Breaches, which provides guidance to employees on what to do in the event of a privacy breach, were revised to establish clearer roles and responsibilities. The internal procedures and tools were also updated to provide CIC employees with more comprehensive and standardized information, including a new reporting template and sample letters of apology for clients. All information and materials are available on ATIP’s section of CIC’s internal website for employees.

In addition, the Division continues to demonstrate its commitment to assist CIC in meeting its legislative requirements by providing timely and professional internal service for policy advice and guidance in accordance with its internal service standards. The Division also ensures that the service standards are reviewed and updated regularly to reflect new circumstances.

IV. Horizontal and Collaborative Engagement

CIC is a strong advocate of horizontal and collaborative engagement. As the most accessed federal institution with the highest volume of requests, CIC’s ATIP Division actively engages with several departments and organizations to share and disseminate advice, ideas and best practices. In 2011–2012, as a leader in the ATIP field, CIC participated in several initiatives to improve the administration of ATIP across the federal government. Highlights include:

• Information-sharing agreements;
• Ministerial priorities that involve personal information; and
• CIC-CBSA electronic consultation process.

Through formal and informal consultations, CIC continually provides support and guidance to various organizations, such as the Canada Border Services Agency, the Canada Revenue Agency, the Canadian Security Intelligence Service, Foreign Affairs and International Trade Canada, Public Works and Government Services Canada and the Treasury Board Secretariat (TBS). These sharing practices will continue in 2012–2013 and beyond.

V. Human Resources

The public service continues to be 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;
• Providing ongoing training for employees to acquire additional knowledge and skills in the ATIP field;
• Partnering with other government departments in conducting selection processes;
• Leading job-shadowing sessions on a quarterly basis; and
• Hiring full-time students through the Federal Student Work Experience Program, which gives students who may later become federal employees the opportunity to gain valuable hands-on work experience in the ATIP field.

In a continued effort to renew and train the work force, the ATIP Division is looking forward to adopting the TBS ATIP Developmental Program that will allow 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 Related to Privacy Issues

As part of the Management Accountability Framework assessment, TBS gave CIC an overall rating of acceptable for the “Effectiveness of Information Management” stream for 2011–2012. For the Access to Information section, CIC received an acceptable rating, as all of the requirements of the Privacy Act were effectively met. For the ATIP governance and capacity section, however, the Department received a strong rating, as evidence clearly demonstrated that a healthy governance structure was in place, which successfully supports the administration of the ATIP program.

Statistical Overview

I. Requests Received Under the Privacy Act

Between April 1, 2011, and March 31, 2012, CIC received 4,817 requests under the Privacy Act. This represents an increase of 4.5 percent from the previous reporting period.

Text version: Volume of Requests Received

Text version: Volume of Requests Completed

II. Disposition of Completed Requests

In 2011–2012, CIC completed 5,058 requests. In 1,309 cases (26 percent), CIC provided all the information requested. For 2,749 requests (54 percent), the Department invoked exemptions.

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 1,864 cases (37 percent);
• Section 21, which covers international relations, defence and subversive activities, was used in 1,941 cases (38 percent); and
• Subsection 22(1)(b), which addresses law enforcement and criminal investigations, was used in 690 cases (14 percent).

It should be noted that more than one subsection can be applied to a specific request.

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) in responding to 1,296 requests from investigative bodies under paragraph 8(2)(e). CIC also disclosed information under paragraphs 8(2)(a), (b), (c), (d) and (f). No disclosures were made under paragraphs 8(2)(g), (h), (i), (k), (l) and (m).

V. Consultations

In addition to processing requests under the Privacy Act, CIC was consulted by other federal government institutions in 52 cases where the records under their control related to CIC activities.

VI. Extensions

Section 15 of the Privacy Act allows 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 142 extensions during the 2011–2012 reporting period. Of these, 58 were deemed necessary so that CIC could consult with other federal institutions prior to responding. Extensions were required in a further 81 instances to search for or through a large volume of records. The Department also invoked 3 extensions for translation purposes.

VII. Completion Time

CIC responded to 2,727 requests (54 percent) within 30 days or less, and a further 1,083 requests (22 percent) within 31 to 60 days. It completed 520 requests (10 percent) within 61 to 120 days, and 728 requests (14 percent) required 121 days or more to complete.

Text version: Privacy Requests Completion Time

VIII. Complaints

Throughout the 2011–2012 reporting period, the Department was notified of 22 privacy complaints received by the Office of the Privacy Commissioner. This 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.

During the reporting period, 22 complaint investigations were completed. Of these, 10 were deemed not well founded or discontinued, while 12 were resolved to the satisfaction of the requester.

IX. Appeals to the Federal Court

No appeals to the Federal Court were filed against CIC regarding Privacy Act complaints during the 2011–2012 reporting period.

X. 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 18 PIAs and completed six others in 2011–2012. Summaries of the six completed PIAs are provided below.

Settlement Outcomes Survey

Citizenship and Immigration Canada is collaborating with provincial and territorial governments to undertake a settlement outcomes survey. This nationwide survey, conducted by BC Stats, will collect information from 20,000 newcomers on their settlement experience. CIC will share personal information from its landings data with BC Stats in order for it to develop its sample frame and contact newcomer respondents. A memorandum of understanding has been developed to establish the mechanisms for sharing this personal information as well as the terms and conditions for its use and disclosure. BC Stats will anonymize the data it collects through the settlement outcomes survey by removing all personal identifiers and will write anonymized reports based on analysis of these data. BC Stats will then transfer the anonymized data and reports to CIC and all provincial and territorial governments. At the conclusion of the initiative, BC Stats will return all personal information received from CIC and destroy any copies of this personal information in its possession. The core privacy impact assessment report identified a low risk to privacy and CIC has adopted proper mitigation strategies to further reduce any risks.

Mexico Visa Application Centres

Visa application centres (VACs) are independent service providers authorized by the Government of Canada to facilitate the submission of applications for temporary resident visas and study or work permits and permanent resident travel documents to Canadian immigration points of service abroad. The Mexico VACs were the first to be established centrally and governed by CIC headquarters in Ottawa. The VACs assist applicants for temporary residence in Canada by receiving paper applications and forwarding them to the CIC mission daily, entering personal information into an electronic Canadian visa application tracking system that is transmitted to the CIC mission and accepting passport packages from the mission for pickup by the applicant. The VAC staff have no role in decision making—visa assessment and issuance remain with visa officers at CIC. A PIA was conducted on the Mexico VACs in late 2009 to determine the effects of VACs as a service delivery method on individual privacy. The privacy risks identified in this assessment were rated low to moderate and principally involved the security of IT systems and the level of privacy awareness of VAC personnel. Strategies have been implemented to mitigate all identified risks.

Global Case Management System Phase II

The Global Case Management System (GCMS) is CIC’s single, integrated worldwide system used internally to process applications for citizenship and immigration services. GCMS stores only the type of personal information required to process citizenship and immigration clients, including, but not limited to, client identification (i.e., family name and given names, gender, date of birth, country of birth, etc.), contact information and history, and educational and employment information. GCMS provides a level of protection that takes into account CIC’s need for information availability and integrity, Government of Canada requirements for protected B level information, and the requirements of the Privacy Act and associated Treasury Board policies. The most recent PIA on GCMS was submitted to the Office of the Privacy Commissioner in December 2011. As the system continues to evolve, updates to the PIA will be completed if there are major changes in the functionality of GCMS that impact privacy. Some low level privacy risks have been identified as part of this assessment and most have been mitigated. The remaining risk relates to the granting of authority by Library and Archives Canada to delete information from GCMS.

Electronic Validation of Citizenship Information with Federal Government Institutions

CIC has put in place strategies to protect the information of certificate holders, reduce the likelihood of inadvertent release of information to a third party and protect individuals who hold citizenship status from having their certificate or information used by another person. CIC implemented a new electronic validation system allowing federal government institutions to validate CIC documents issued in respect of citizenship and to confirm the status of the certificate holder. The electronic validation of information began on February 1, 2012, to coincide with the introduction of a new non-secure citizenship certificate. The first departments to receive access to the electronic system are the Department of Foreign Affairs and International Trade and Passport Canada for passport issuance, and Service Canada for SIN issuance.

Medical Surveillance Program for Tuberculosis in Ontario

All new immigrants are required to undergo an immigration medical examination (IME) either in their country of origin or, under certain circumstances, in Canada. This medical examination is mandated under the Immigration and Refugee Protection Act. In Ontario, new immigrants identified with health conditions that pose a potential communicable disease risk (e.g., inactive tuberculosis at the time of landing) are placed on heightened surveillance and are followed for up to five years by local public health units under the auspices of the provincial medical surveillance program (MSP-TB).

Despite the efforts involved, approximately 85 to 95 percent of all TB cases reported among foreignborn people in Ontario are not captured by the MSP-TB, suggesting that the program may not be operating in the most effective or efficient manner. To address this issue, the St. Michael’s Hospital, under the lead of Dr. Kamran Khan, will develop and validate a risk assessment tool designed to identify immigrants at greatest risk of developing active TB. The study will include all permanent residents with an IME who landed in Ontario between 2002 and 2011, and all non-permanent residents identified by the Ontario Ministry of Health and Long-Term Care (MOHLTC) as having developed TB between 2002 and 2011. Personal health information is necessary to enable data linkages between CIC and MOHLTC databases. The database will be purged two years after the study is completed.

Immigration Contribution Accountability Measurement System – Tracking of Overseas Orientation Session Graduates

The CIC Immigration Contribution Accountability Measurement System (iCAMS) is a Web-based application that supports key Government of Canada commitments related to performance measurement and the evaluation of settlement and resettlement contribution programs. The Foreign Credentials Referral Office (FCRO) was created at CIC to guide, monitor and facilitate the implementation of foreign credential recognition processes in Canada by providing information, path-finding and referral services to internationally trained workers. Through contribution agreement funding, the FCRO has engaged a service provider to deliver these services through the Canadian Immigrant Integration Program to prospective immigrants while they are still in their home country. The “Tracking of Overseas Orientation Session Graduates” is the newly expanded iCAMS module that enables overseas data entry. The privacy impact assessment identified a number of privacy risks for which measures were recommended and implemented to address the issues. The development of guidance and support tools was also identified to further mitigate risks.

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

Appendix A: Report on the Privacy Act

Statistical Report on the Privacy Act

Name of institution: Citizenship and Immigration Canada

Reporting period: 01/04/2011 to 31/03/2012

Part 1 – Requests under the Privacy Act

Part 2 – Requests closed during the reporting period

2.5 Complexity

2.6 Deemed refusals

Part 3 – Disclosures under subsection 8(2)

Part 4 – Requests for correction of personal information and notations

Part 5 – Extensions

Part 6 – Consultations received from other institutions and organizations

Part 7 – Completion time of consultations on Cabinet confidences

Part 8 – Resources related to the Privacy Act

Appendix B: 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 20^th day of May, 2012

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 20^e jour de mai 2012

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

DM

Deputy Minister

ADMCS/DGCA

ADM, Corporate Services / Director General, Corporate Affairs

AADMSPP/
DGRE

Associate ADM, Strategic and Program Policy / Director General, Research and Evaluation

ATIP/DIR

Director, Access to Information and Privacy (EX-01)

ATIP/MCCI

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

ATIP/MPM05/
SUPPM04

Managers, Operations and Fast Track, ATIP (PM-05) / Supervisor, Fast Track (PM-04)

ATIP/PM05

Senior ATIP Administrators, ATIP (PM-05)

ATIP/PM04

ATIP Administrators, ATIP (PM-04)

ATIP/PM03

ATIP Officers, ATIP (PM-03)