ARCHIVED – Access to Information and Privacy Acts – 2012–2013 Annual Report
Annual Report
2012–2013
Table of Contents
- Part One – Access to Information Act
- Introduction
- About CIC
- Access to Information and Privacy Division
- Activities and Accomplishments
- Statistical Overview
- Appendix A: Report on the Access to Information Act
- Appendix B: Delegation Order
Part One: Access to Information Act
Introduction
Citizenship and Immigration Canada (CIC) is pleased to present to Parliament its 19th annual report on the administration of the Access to Information Act for the fiscal year commencing April 1, 2012, and ending March 31, 2013.
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 2012–2013 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 (IRPA) 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 (CSS). 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 33 ATIP coordinators who represent the branches and regions of the Department. The ATIP coordinators provide assistance by searching, collecting records and presenting recommendations in relation to requests.
Activities and Accomplishments
I. Performance
For another consecutive year, CIC has received more Access to Information (ATI) requests than any other federal institution. A total of 25,010 ATI requests were received in the 2012–2013 fiscal year, which represents an increase of almost 22 percent from the previous year and breaks another record in ATIP’s history. Although faced with a significant increase in volume, the Department processed 26,020 requests and maintained a considerably high compliance rate of 93.17 percent.
II. Leadership
In the ATIP field, CIC is recognized as a modernization pioneer. By the extensive use of technology, the Division has improved its way of conducting business and increasing its visibility throughout the Department. Some of these initiatives include: developing a new ATIP online course and awareness video for employees and transitioning to an almost entirely paperless ATIP environment. CIC continues to focus on improving both its external and internal client service delivery.
In addition, CIC was the leader in the development of an ATIP Online Request tool for ATI and Privacy requests. This initiative builds upon the mandate of modernizing the ATIP service to the public, which is a key commitment of the Open Information pillar of Canada’s Action Plan on Open Government. Three Departments—CIC, Treasury Board of Canada Secretariat (TBS) and Shared Services Canada (SSC)—partnered together on this one-year pilot project.
As stated in last year’s annual report, the online payment mechanism (e-Payment) was implemented and has proven to be a success. Our clients have taken advantage of the new technology en masse.
These best practices in improving and modernizing ATIP operations will continue in 2013–2014 and beyond.
III. Promotion, Awareness and Training
2012-2013 was an exceptional year for CIC in terms of modernizing and improving the Department’s training and awareness program. To increase ATIP’s presence throughout the Department, CIC developed new interactive tools such as an awareness tutorial video and an online course titled “Protecting and Giving Access to Information at CIC.”
During the fiscal year, the ATIP Division offered a series of training and awareness sessions (in-class and online) to over 1,000 CIC employees across Canada and abroad. In addition, as part of ATIP’s mandate, the Division continued to promote ATIP awareness through job shadowing and published up to date ATIP-related information onto CIC’s internal website.
IV. Policies, Guidelines and Procedures
During this reporting period, the ATIP Division created new internal and external communication tools to streamline its operations. New tools, such as an electronic repository of internal ATIP procedures, were implemented to improve consistency in the processing of requests. An extensive review of the overall correspondence was conducted as well as the revamping of departmental forms. As a result, the effectiveness of client service delivery greatly improved.
In addition, the Division demonstrated its commitment to assist CIC in meeting its legislative requirements by providing timely as well as professional internal service for policy advice and guidance in accordance with its internal service standards.
V. Horizontal and Collaborative Engagement
In response to Canada’s Open Government strategy, CIC maintained its commitment to horizontal and collaborative engagement to share and disseminate advice, ideas as well as best practices. In 2012–2013, as a leader in the ATIP field, CIC participated in several initiatives to improve and modernize the administration of ATIP across the federal government.
Highlights include the following:
- Interdepartmental ATIP online e-application tool;
- Information sharing agreements;
- Online summaries of completed ATI requests; and
- Ministerial priorities involving personal information.
Through formal and informal consultations, CIC continually collaborates with various organizations, such as the Canada Border Services Agency (CBSA), the Canada Revenue Agency (CRA), the Canadian Security Intelligence Service (CSIS), the Department of Foreign Affairs and International Trade (DFAIT), Public Works and Government Services Canada (PWGSC) and the TBS. These sharing practices will continue in 2013–2014 and beyond.
VI. Human Resources
In preparation for the future, CIC continues to invest in the federal government’s ATIP community by developing the required knowledge, expertise and experience to meet demand. To help build its capacity, CIC has implemented the following initiatives to improve its work force:
- Offered developmental assignments to current ATIP employees;
- Provided ongoing training for employees to acquire additional knowledge and skills in the ATIP field;
- Led job-shadowing sessions on a quarterly basis;
- Conducted selection processes; and
- Hired full-time students through the Federal Student Work Experience Program.
VII. External Views
Treasury Board Secretariat Management Accountability Framework Assessment Extracts Related to Access to Information
As part of the Management Accountability Framework assessment, CIC was not evaluated by the TBS on the “Effectiveness of Information Management” stream for 2012-2013.
Statistical Overview
I. Requests Received Under the Access to Information Act
CIC continues to be the most accessed federal institution, receiving an unprecedented 25,010 requests under the Access to Information Act between April 1, 2012, and March 31, 2013. This total represents an increase of nearly 22 percent from the previous reporting period. Over the past six years, the number of requests received by the Department has almost tripled. As noted above, CIC is addressing the increase in volume in innovative ways in order to respond to requests within the legislative time frame.
Text version: Access to Information Act Requests Received and Completed
Year | Requests Received | Requests Completed |
---|---|---|
2007–2008 | 11,434 | 11,600 |
2008–2009 | 14,034 | 13,616 |
2009–2010 | 16,647 | 16,556 |
2010–2011 | 18,862 | 18,070 |
2011–2012 | 20,575 | 20,891 |
2012-2013 | 25,010 | 26,020 |
The majority of ATI requests CIC received were for personal information files.
Text version: CIC - Most Accessed Deparment
Department | 2010-2011 | 2011-2012 | 2012-2013 |
---|---|---|---|
CIC | 18,862 | 20,575 | 25,010 |
DND | 1,483 | 1,645 | 2,044 |
CRA | 2,589 | 2,237 | 3,138 |
CBSA | 1,607 | 1,866 | 3,147 |
In 2012–2013, CIC reviewed over 1,471,572 pages, representing an overall increase of 8 percent since last fiscal year. Requests involving a higher number of pages require more time and resources to review and process.
Text version: Pages Reviewed
Year | Pages Reviewed |
---|---|
2012-2013 | 1,471,572 |
2011-2012 | 1,359,642 |
2010-2011 | 1,147,709 |
2009-2010 | 983,765 |
II. Sources of Requests
The business sector (primarily made up of immigration consultants and lawyers) is the largest source of requests, accounting for 59 percent of all requests. The general public accounts for 38 percent of requests. The remaining three percent consist of media, academia and other organizations.
Text version: Sources of Access to Information Requests
Sources of Access to Information Requests | Amount |
---|---|
Business | 14,799 |
Public | 9,583 |
Media, Academia & Organizations | 628 |
III. Disposition of Completed Requests
In 2012–2013, CIC completed 26,020 requests. In 6,379 cases (25 percent), CIC provided all the information requested. In the majority of cases—16,321 (63 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 11,544 cases (44 percent);
- Subsection 15(1), which covers international relations, defence and subversive activities, was used in 7,875 cases (30 percent); and
- Subsection 16(1), which addresses law enforcement and criminal investigations, was used in 2,589 cases (10 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 201 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 1,899 extensions during the 2012–2013 reporting period. Extensions were required in 267 instances when CIC consulted with other federal institutions prior to responding. Extensions were required in 1,573 instances to search through a large volume of records. The Department also invoked 59 extensions in order to conduct third-party notifications.
VII. Completion Time
CIC responded to 19,417 requests (75 percent) within 30 days or less and a further 5,142 requests (20 percent) within 31 to 60 days. The Department completed 1,105 requests (four percent) within 61 to 120 days and 356 requests (one percent) required 121 days or more to complete.
Text version: Access to Information Requests Completion Time
Completion times | Percentage |
---|---|
Within 30 days or less | 75 |
31 to 60 days | 20 |
61 to 120 days | 4 |
121 days or more | 1 |
VIII. Complaints
Throughout the 2012–2013 reporting period, the Department was notified of 112 complaints received by the Office of the Information Commissioner, which represents 0.4 percent of all requests completed during this period. The majority of complaints are related to processing times and exemptions.
During the reporting period, 115 complaint investigations were completed. Of these, 67 were abandoned, discontinued or deemed to be unfounded, and the remaining 48 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 2012–2013 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: 01/04/2012 to 31/03/2013
Part 1 – Requests under the Access to Information Act
Number of Requests | |
---|---|
Received during reporting period | 25,010 |
Outstanding from previous reporting period | 2,217 |
Total | 27,227 |
Closed during reporting period | 26,020 |
Carried over to next reporting period | 1,207 |
Source | Number of Requests |
---|---|
Media | 162 |
Academia | 71 |
Business (Private Sector) | 14,799 |
Organization | 395 |
Public | 9,583 |
Total | 25,010 |
Part 2 - Requests closed during the reporting period
Disposition of requests | Completion Time | |||||||
---|---|---|---|---|---|---|---|---|
1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total | |
All disclosed | 584 | 4,479 | 1,166 | 130 | 17 | 3 | 0 | 6,379 |
Disclosed in part | 935 | 10,330 | 3,791 | 931 | 206 | 100 | 7 | 16,300 |
All exempted | 0 | 0 | 2 | 6 | 0 | 0 | 0 | 8 |
All excluded | 2 | 6 | 2 | 1 | 0 | 2 | 0 | 13 |
No records exist | 1,013 | 269 | 99 | 27 | 5 | 1 | 0 | 1,414 |
Request transferred | 18 | 0 | 0 | 0 | 0 | 0 | 0 | 18 |
Request abandoned | 1,503 | 276 | 82 | 10 | 7 | 6 | 2 | 1,886 |
Treated informally | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 2 |
Total | 4,057 | 15,360 | 5,142 | 1,105 | 235 | 112 | 9 | 26,020 |
Section | Number of requests |
---|---|
13(1)(a) | 83 |
13(1)(b) | 18 |
13(1)(c) | 19 |
13(1)(d) | 11 |
13(1)(e) | 0 |
14(a) | 24 |
14(b) | 2 |
15(1) - I.A.Table note 1 | 717 |
15(1) - Def.Table note 2 | 622 |
15(1) - S.A.Table note 3 | 6,536 |
16(1)(a)(i) | 11 |
16(1)(a)(ii) | 10 |
16(1)(a)(iii) | 1 |
16(1)(b) | 32 |
16(1)(c) | 2,532 |
16(1)(d) | 3 |
16(2)(a) | 1 |
16(2)(b) | 1 |
16(2)(c) | 11 |
16(3) | 0 |
16.1(1)(a) | 0 |
16.1(1)(b) | 0 |
16.1(1)(c) | 8 |
16.1(1)(d) | 0 |
16.2(1) | 0 |
16.3 | 0 |
16.4(1)(a) | 0 |
16.4(1)(b) | 0 |
16.5 | 0 |
17 | 24 |
18(a) | 0 |
18(b) | 0 |
18(c) | 0 |
18(d) | 0 |
18.1(1)(a) | 0 |
18.1(1)(b) | 0 |
18.1(1)(c) | 0 |
18.1(1)(d) | 0 |
19(1) | 11,544 |
20(1)(a) | 1 |
20(1)(b) | 22 |
20(1)(b.1) | 2 |
20(1)(c) | 13 |
20(1)(d) | 2 |
20.1 | 0 |
20.2 | 0 |
20.4 | 0 |
21(1)(a) | 141 |
21(1)(b) | 117 |
21(1)(c) | 13 |
21(1)(d) | 12 |
22 | 180 |
22.1(1) | 1 |
23 | 181 |
24(1) | 2 |
26 | 19 |
Section | Number of requests |
---|---|
68(a) | 3 |
68(b) | 0 |
68(c) | 22 |
68.1 | 0 |
68.2(a) | 0 |
68.2(b) | 0 |
69(1)(a) | 1 |
69(1)(b) | 0 |
69(1)(c) | 0 |
69(1)(d) | 0 |
69(1)(e) | 3 |
69(1)(f) | 0 |
69(1)(g) re (a) | 1 |
69(1)(g) re (b) | 1 |
69(1)(g) re (c) | 1 |
69(1)(g) re (d) | 1 |
69(1)(g) re (e) | 1 |
69(1)(g) re (f) | 1 |
69.1(1) | 0 |
Disposition | Paper | Electronic | Other formats |
---|---|---|---|
All disclosed | 705 | 5,670 | 0 |
Disclosed in part | 1,508 | 11,866 | 0 |
Total | 2,213 | 17,536 | 0 |
2.5 Complexity
Disposition of requests | Number of pages processed | Number of pages disclosed | Number of requests |
---|---|---|---|
All disclosed | 187,470 | 173,791 | 6,379 |
Disclosed in part | 1,276,577 | 1,061,181 | 16,300 |
All exempted | 1,185 | 0 | 8 |
All excluded | 267 | 0 | 13 |
Request abandoned | 6,073 | 4,447 | 1,886 |
Disposition | Up to 100 pages processed | 101-500 pages processed | 501-1000 pages processed | 1001-5000 pages processed | More than 5000 pages processed | |||||
---|---|---|---|---|---|---|---|---|---|---|
Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | |
All disclosed | 6,126 | 116,723 | 233 | 37,013 | 15 | 8,329 | 5 | 11,726 | 0 | 0 |
Disclosed in part | 13,148 | 371,406 | 2,832 | 471,297 | 247 | 133,850 | 72 | 77,623 | 1 | 7,005 |
All exempted | 6 | 0 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 |
All excluded | 12 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Abandoned | 1,871 | 824 | 13 | 1,476 | 1 | 873 | 1 | 1,274 | 0 | 0 |
Total | 21,163 | 488,953 | 3,080 | 509,786 | 264 | 143,052 | 78 | 90,623 | 1 | 7,005 |
Disposition | Consultation required | Legal Advice Sought | Interwoven Information | Other | Total |
---|---|---|---|---|---|
All disclosed | 79 | 0 | 5 | 6,223 | 6,307 |
Disclosed in part | 532 | 1 | 143 | 15,916 | 16,592 |
All exempted | 3 | 0 | 2 | 7 | 12 |
All excluded | 3 | 0 | 0 | 12 | 15 |
Abandoned | 14 | 0 | 0 | 257 | 271 |
Total | 631 | 1 | 150 | 22,415 | 23,197 |
2.6 Deemed refusals
Number of requests closed past the statutory deadline | Principal Reason | |||
---|---|---|---|---|
Workload | External consultation | Internal consultation | Other | |
1,719 | 1,512 | 138 | 69 | 0 |
Number of days past deadline | Number of requests past deadline where no extension was taken | Number of requests past deadline where an extension was taken | Total |
---|---|---|---|
1 to 15 days | 537 | 162 | 699 |
16 to 30 days | 203 | 85 | 288 |
31 to 60 days | 207 | 161 | 368 |
61 to 120 days | 145 | 83 | 228 |
121 to 180 days | 67 | 27 | 94 |
181 to 365 days | 23 | 15 | 38 |
More than 365 days | 3 | 1 | 4 |
Total | 1,185 | 534 | 1,719 |
Translation Requests | Accepted | Refused | Total |
---|---|---|---|
English to French | 0 | 0 | 0 |
French to English | 0 | 0 | 0 |
Total | 0 | 0 | 0 |
Part 3 - Extensions
Disposition of requests where an extension was taken | 9(1)(a) Interference with operations |
9(1)(b) Consultation |
9(1)(c) Third party notice |
|
---|---|---|---|---|
Section 69 | Other | |||
All disclosed | 218 | 0 | 12 | 3 |
Disclosed in part | 1,301 | 1 | 239 | 56 |
All exempted | 2 | 0 | 2 | 0 |
All excluded | 0 | 0 | 3 | 0 |
No records exist | 34 | 0 | 3 | 0 |
Request abandoned | 18 | 0 | 7 | 0 |
Total | 1,573 | 1 | 266 | 59 |
Length of extensions | 9(1)(a) Interference with operations |
9(1)(b) Consultation |
9(1)(c) Third party notice |
|
---|---|---|---|---|
Section 69 | Other | |||
30 days or less | 1,292 | 0 | 60 | 8 |
31 to 60 days | 272 | 1 | 105 | 35 |
61 to 120 days | 7 | 0 | 86 | 15 |
121 to 180 days | 2 | 0 | 13 | 0 |
181 to 365 days | 0 | 0 | 2 | 1 |
More than 365 days | 0 | 0 | 0 | 0 |
Total | 1,573 | 1 | 266 | 59 |
Part 4 - Fees
Fee Type | Fee Collected | Fee Waived or Refunded | ||
---|---|---|---|---|
Number of requests | Amount | Number of requests | Amount | |
Application | 24,379 | $123,165 | 309 | $1,810 |
Search | 0 | $0 | 0 | $0 |
Production | 0 | $0 | 0 | $0 |
Programming | 0 | $0 | 0 | $0 |
Preparation | 0 | $0 | 0 | $0 |
Alternative format | 0 | $0 | 0 | $0 |
Reproduction | 0 | $0 | 0 | $0 |
Total | 24,379 | $123,165 | 309 | $1,810 |
Part 5 - Consultations received from other institutions and organizations
Consultations | Other government institutions | Number of pages to review | Other organizations | Number of pages to review |
---|---|---|---|---|
Received during reporting period | 188 | 9,224 | 0 | 0 |
Outstanding from the previous reporting period | 13 | 404 | 0 | 0 |
Total | 201 | 9,628 | 0 | 0 |
Closed during the reporting period | 186 | 8,873 | 0 | 0 |
Pending at the end of the reporting period | 15 | 755 | 0 | 0 |
Recommendation | Number of days required to complete consultation requests | |||||||
---|---|---|---|---|---|---|---|---|
1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total | |
Disclose entirely | 33 | 54 | 35 | 2 | 1 | 0 | 0 | 125 |
Disclose in part | 16 | 21 | 20 | 0 | 1 | 0 | 0 | 58 |
Exempt entirely | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
Exclude entirely | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 2 |
Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 50 | 76 | 56 | 2 | 2 | 0 | 0 | 186 |
Recommendation | Number of days required to complete consultation requests | |||||||
---|---|---|---|---|---|---|---|---|
1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total | |
Disclose entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Disclose in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Part 6 - Completion time of consultations on Cabinet confidences
Number of days | Number of responses received | Number of responses received past deadline |
---|---|---|
1 to 15 | 1 | 0 |
16 to 30 | 4 | 4 |
31 to 60 | 4 | 3 |
61 to 120 | 5 | 5 |
121 to 180 | 1 | 1 |
181 to 365 | 5 | 5 |
More than 365 | 0 | 0 |
Total | 20 | 18 |
Part 7 - Resources related to the Access to Information Act
Expenditures | Amount |
---|---|
Salaries | $2,122,192 |
Overtime | $15,381 |
Goods and Services | $200,897 |
Professional services contracts ($155,943) | |
Other ($44,954) | |
Total | $2,338,470 |
Resources | Dedicated full-time to ATI activities | Dedicated part-time to ATI activities | Total |
---|---|---|---|
Full-time employees | 29.00 | 0.00 | 29.00 |
Part-time and casual employees | 0.00 | 5.00 | 5.00 |
Regional staff | 0.00 | 0.00 | 0.00 |
Consultants and agency personnel | 0.16 | 0.00 | 0.16 |
Students | 0.21 | 0.00 | 0.21 |
Total | 29.37 | 5.00 | 34.37 |
Appendix B: Delegation Order
Delegation of Authority under the Access to Information Act and the
Access to Information Regulations
Position/Title * | |||||||||
---|---|---|---|---|---|---|---|---|---|
DM | ADMCS/ DGCA |
ATIP/ DIR |
ATIP/ MCCI |
ATIP/ MPM05/ SUPPM04 |
ATIP/ PM05 |
ATIP/ PM04 |
ATIP/ PM03 |
||
Descriptions | Section | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Access to Information Act | |||||||||
Notice where access granted | 7 | yes | yes | yes | yes | yes | yes | yes | yes |
Transfer of request | 8(1) | yes | yes | yes | yes | yes | yes | yes | yes |
Extension of time limits | 9(1) | yes | yes | yes | yes | yes | yes | yes | yes |
Notice of extension to Commissioner | 9(2) | yes | yes | yes | yes | yes | yes | yes | yes |
Notice where access refused | 10(1) & (2) | yes | yes | yes | yes | yes | yes | yes | yes |
Payment of additional fees | 11(2) | yes | yes | yes | yes | yes | yes | yes | yes |
Payment of fees for EDP record | 11(3) | yes | yes | yes | yes | yes | yes | yes | yes |
Deposit | 11(4) | yes | yes | yes | yes | yes | yes | yes | yes |
Notice of fee payment | 11(5) | yes | yes | yes | yes | yes | yes | yes | yes |
Waiver or refund of fees | 11(6) | yes | yes | yes | yes | yes | yes | yes | yes |
Translation | 12(2) | yes | yes | yes | yes | yes | yes | yes | yes |
Conversion to alternate format | 12(3) | yes | yes | yes | yes | yes | yes | yes | yes |
Information obtained in confidence | 13 | yes | yes | yes | yes | yes | |||
Refuse access – federal-provincial affairs | 14 | yes | yes | yes | yes | yes | |||
Refuse access – international affairs, defence | 15(1) | yes | yes | yes | yes | yes | |||
Refuse access – law enforcement and investigation | 16(1) | yes | yes | yes | yes | yes | |||
Refuse access – security information | 16(2) | yes | yes | yes | yes | yes | |||
Refuse access – policing services for provinces or municipalities | 16(3) | yes | yes | yes | yes | yes | |||
Refuse access – safety of individuals | 17 | yes | yes | yes | yes | yes | |||
Refuse access – economic interests of Canada | 18 | yes | yes | yes | yes | yes | |||
Refuse access – another person’s information | 19(1) | yes | yes | yes | yes | yes | yes | yes | yes |
Disclose personal information | 19(2) | yes | yes | yes | yes | yes | yes | yes | yes |
Refuse access – third party information | 20(1) | yes | yes | yes | yes | yes | |||
Disclose testing methods | 20(2) & (3) | yes | yes | yes | yes | yes | |||
Disclose third party information | 20(5) | yes | yes | yes | yes | yes | |||
Disclose in public interest | 20(6) | yes | yes | yes | yes | yes | |||
Refuse access – advice, etc. | 21 | yes | yes | yes | yes | yes | |||
Refuse access – tests and audits | 22 | yes | yes | yes | yes | yes | |||
Refuse access – solicitor-client privilege | 23 | yes | yes | yes | yes | yes | |||
Refuse access – prohibited information | 24(1) | yes | yes | yes | yes | yes | |||
Disclose severed information | 25 | yes | yes | yes | yes | yes | yes | ||
Refuse access – information to be published | 26 | yes | yes | yes | yes | yes | |||
Notice to third parties | 27(1) | yes | yes | yes | yes | yes | yes | ||
Extension of time limit | 27(4) | yes | yes | yes | yes | yes | yes | ||
Notice of third party disclosure | 28(1) | yes | yes | yes | yes | yes | yes | ||
Representation to be made in writing | 28(2) | yes | yes | yes | yes | yes | yes | ||
Disclosure of record | 28(4) | yes | yes | yes | yes | yes | |||
Disclosure on Commissioner’s recommendation | 29(1) | yes | yes | yes | yes | yes | |||
Notice of intention to investigate | 32 | yes | yes | yes | yes | yes | |||
Notice to third party | 33 | yes | yes | yes | yes | yes | |||
Right to make representations | 35(2) | yes | yes | yes | yes | yes | yes | yes | yes |
Findings and recommendations of the Information Commissioner | 37(1)(b) | yes | yes | yes | yes | yes | |||
Access given to complainant | 37(4) | yes | yes | yes | yes | yes | |||
Notice to third party of court action | 43(1) | yes | yes | yes | yes | yes | |||
Notice to person who requested record | 44(2) | yes | yes | yes | yes | yes | |||
Special rules for hearings | 52(2) | yes | yes | yes | yes | ||||
Ex parte representations | 52(3) | yes | yes | yes | yes | yes | |||
Exempt information may be excluded | 71(2) | yes | yes | yes | yes | yes | |||
Access to Information Regulations | |||||||||
Transfer of requests | 6 | yes | yes | yes | yes | yes | yes | yes | yes |
Examination of records | 8 | yes | yes | yes | yes | yes | yes | yes | yes |
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)
* Includes acting appointments and assignments to these positions made pursuant to the Public Service Employment Act and Regulations.
Part Two: Privacy Act
Introduction
Citizenship and Immigration Canada (CIC) is pleased to present to Parliament its 19th annual report on the administration of the Access to Information Act for the fiscal year commencing April 1, 2012, and ending March 31, 2013.
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 2012–2013 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 (IRPA) 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 (CSS). 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 33 ATIP coordinators who represent the branches and regions of the Department. The ATIP coordinators provide assistance by searching, collecting records and presenting recommendations in relation to requests.
Activities and Accomplishments
I. Performance
In the 2012-2013 fiscal year, CIC received 5,114 privacy requests, a slight increase from the previous reporting period.
In the ATIP field, CIC is recognized as a modernization pioneer. By the extensive use of technology, the Division has improved its way of conducting business and increasing its visibility throughout the Department. Some of these initiatives include: developing a new ATIP online course and awareness video for employees and transitioning to an almost entirely paperless ATIP environment. CIC continues to focus on improving both its external and internal client service delivery.
In addition, CIC was the leader in the development of an ATIP Online Request tool for ATI and Privacy requests. This initiative builds upon the mandate of modernizing the ATIP service to the public, which is a key commitment of the Open Information pillar of Canada’s Action Plan on Open Government. Three Departments—CIC, TBS and SSC—partnered together on this one-year pilot project.
These best practices in improving and modernizing ATIP operations will continue in 2013–2014 and beyond.
II. Promotion, Awareness and Training
2012-2013 was an exceptional year for CIC in terms of modernizing and improving the Department’s training and awareness program. To increase ATIP’s presence throughout the Department, CIC developed new interactive tools such as an awareness tutorial video and an online course titled “Protecting and Giving Access to Information at CIC.”
During the fiscal year, the ATIP Division offered a series of training and awareness sessions (in-class and online) to over 1,000 CIC employees across Canada and abroad. In addition, as part of ATIP’s mandate, the Division continued to promote ATIP awareness through job shadowing as well as publishing up to date ATIP-related information onto CIC’s internal website.
III. Policies, Guidelines and Procedures
During this reporting period, the ATIP Division created new internal and external communication tools to streamline its operations. New tools, such as an electronic repository of internal ATIP procedures, were implemented to improve consistency in the processing of requests. An extensive review of the overall correspondence was conducted as well as the revamping of departmental forms. As a result, the effectiveness of client service delivery greatly improved.
Due to the centralization of all Privacy Act requests, including requests from investigative bodies to the ATIP Division, new internal procedures were implemented to improve service delivery and maintain our commitment to working with our stakeholders.
In addition, the Division demonstrated its commitment to assist CIC in meeting its legislative requirements by providing timely as well as professional internal service for policy advice and guidance in accordance with its internal service standards.
IV. Horizontal and Collaborative Engagement
In response to Canada’s Open Government strategy, CIC maintained its commitment to horizontal and collaborative engagement to share and disseminate advice, ideas as well as best practices. In 2012–2013, as a leader in the ATIP field, CIC participated in several initiatives to improve and modernize the administration of ATIP across the federal government. Highlights include the following:
- Interdepartmental ATIP online e-application tool;
- Information sharing agreements;
- Online summaries of completed ATI requests; and
- Ministerial priorities involving personal information.
Through formal and informal consultations, CIC continually collaborates with various organizations, such as the CBSA, the CRA, CSIS, DFAIT, PWGCS and the TBS. These sharing practices will continue in 2013–2014 and beyond.
VI. Human Resources
In preparation for the future, CIC continues to invest in the federal government’s ATIP community by developing the required knowledge, expertise and experience to meet demand. To help build its capacity, CIC has implemented the following initiatives to improve its work force:
- Offered developmental assignments to current ATIP employees;
- Provided ongoing training for employees to acquire additional knowledge and skills in the ATIP field;
- Led job-shadowing sessions on a quarterly basis;
- Conducted selection processes; and
- Hired full-time students through the Federal Student Work Experience Program.
VII. External Views
Treasury Board Secretariat Management Accountability Framework Assessment Extracts Related to Access to Information
As part of the Management Accountability Framework assessment, CIC was not evaluated by the TBS on the “Effectiveness of Information Management” stream for 2012-2013.
Statistical Overview
I. Requests Received Under the Privacy Act
Between April 1, 2012, and March 31, 2013, CIC received 5,114 requests under the Privacy Act. This represents an increase of 6.1 percent from the previous reporting period.
II. Disposition of Completed Requests
In 2012–2013, CIC completed 5,486 requests. In 954 cases (17 percent), CIC provided all the information requested. For 3,516 requests (64 percent), the Department invoked exemptions.
Text version: Privacy Act Requests Received and Completed
Year | Requests Received | Requests Completed |
---|---|---|
2007–2008 | 5,002 | 4,986 |
2008–2009 | 5,151 | 5,188 |
2009–2010 | 4,948 | 4,615 |
2010–2011 | 4,609 | 4,574 |
2011–2012 | 4,817 | 5,058 |
2012-2013 | 5,114 | 5,486 |
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 2,256 cases (41 percent);
- Section 21, which covers international relations, defence and subversive activities, was used in 2,568 cases (47 percent); and
- Subsection 22(1)(b), which addresses law enforcement and criminal investigations, was used in 688 cases (12 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 1,039 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 42 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 222 extensions during the 2012–2013 reporting period. Of these, 41 were deemed necessary so that CIC could consult with other federal institutions prior to responding. Extensions were required in a further 181 instances to search for or through a large volume of records. The Department did not invoke any extensions for translation purposes.
VII. Completion Time
CIC responded to 3,636 requests (66 percent) within 30 days or less and a further 1,153 requests (21 percent) within 31 to 60 days. The Department completed 423 requests (8 percent) within 61 to 120 days and 274 requests (5 percent) required 121 days or more to complete.
Text version: Privacy Requests Completion Time
Completion times | Percentage |
---|---|
Within 30 days or less | 66 |
31 to 60 days | 21 |
61 to 120 days | 8 |
121 days or more | 5 |
VIII. Complaints
Throughout the 2012–2013 reporting period, the Department was notified of 5 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, 5 complaint investigations were completed. Of these, 2 were deemed not well founded or discontinued, while 3 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 2012–2013 reporting period.
X. Privacy Impact Assessments
To fulfill its mandate and effectively deliver its programs and services, CIC collects, uses and discloses personal information. In accordance with the 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 21 PIAs and completed 8 others in 2012–2013. Summaries of the 8 completed PIAs are provided below. (PIA summaries for CIC can be found at http://www.cic.gc.ca/english/department/atip/pia/index.asp.)
Access to Information and Privacy Online Request Pilot Project
A PIA was conducted for the multi-institutional implementation of the ATIP Online Request Pilot Project thereafter referred to as the “pilot.” The Government of Canada has identified service modernization as a priority. As such, CIC has undertaken this initiative to permit ATIP requests to be processed more quickly and efficiently by leveraging online technologies. The ATIP Online Request Pilot will reduce the reliance on paper documents as well as facilitate the ATIP request process by eliminating the need to send and receive information and payment by regular mail. Initial pilot participants will include TBS and SSC. Depending on the success of this pilot, it may be expanded to other federal government institutions throughout the duration of the pilot. Eventually, the functionality delivered and the lessons learned from this pilot initiative will be incorporated into a whole-of-government ATIP solution.
The ATIP Online Request Pilot will leverage CIC’s existing e-Payment system (via the Receiver General Buy Button (RGBB)) used in a variety of electronic client service applications, along with lessons learned from these CIC initiatives. The pilot will also leverage the Secure File Transfer (SFT) infrastructure managed by PWGSC to ensure secure transmission of data between CIC and pilot departments. Risks to confidentiality, availability as well as integrity of information stored and processed by this system will be identified. Recommended safeguards will be implemented. The RGBB and SFT infrastructure are common services that have already been certified and accredited for use by all federal departments and agencies. The report identified the following privacy risks and measures are recommended to mitigate or eliminate the risks.
Canada-U.S. Information Sharing Treaty Summary
On December 13, 2012, Canada signed a Treaty with the United States of America (U.S.) to enable systematic immigration information sharing between the two countries on third country nationals. The purpose of automating the sharing of immigration and visa information is to broaden both countries joint capability to: identify individuals who seek to enter the perimeter for mala fide purposes and prevent them from travelling to Canada or the U.S.; prevent individuals from assuming different identities between one country and the other; identify those who have committed serious crimes or violated immigration laws in the other country. These actions will enable more informed decisions on visas, admissibility or other immigration benefits.
The Treaty creates a legally binding instrument under international law to govern systematic immigration information sharing on all visa and permit applicants. Two separate implementing arrangements are currently contemplated under the Treaty. The first covers systematic biographic immigration information sharing to be implemented in late 2013, and the second will cover systematic biometric immigration information sharing to be implemented in fall of 2014. An addendum PIA will be conducted on the systematic biometric information sharing arrangement prior to its implementation.
The PIA report identified a few privacy risks that will be mitigated or eliminated prior to the implementation of systematic sharing. These privacy risks generally deal with completing documentation such as: developing a threat and risk analysis; documenting security procedures as well as procedures related to investigating; responding to client requests in terms of accuracy, redress and corrections; and updating the relevant personal information banks.
eMedical
Canada’s immigration law, the IRPA and the accompanying regulations define the medical requirements that applicants for residence in Canada must meet. CIC has identified client service modernization as one of its strategic business priorities. Following discussions with Australia’s Department of Immigration and Citizenship (DIAC) and within CIC, a decision has been made to work with Australia to modify its eHealth system to enable use by Canada. eHealth is DIAC’s online system for recording, processing and storing health examination results for Australian visa applicants. It removes the need for processing paper-based health reports as panel clinics/panel physicians/radiologists are able to record all health information for visa applicants online including examination results, digital chest x-rays, specialist reports and biometric photographs.
It is intended that the initial focus of redeveloping eHealth will be on clinic management and recording of health examination data and will be hosted by DIAC. This application will be known as eMedical for Canada’s purposes. CIC has entered into an Umbrella Memorandum of Understanding (MOU) between CIC and the DIAC of the Commonwealth of Australia for the development and establishment of a modified version of Australia’s eHealth system to be used by Australia and Canada to process immigration medical examinations. The report identified privacy risks, and measures were implemented to mitigate or eliminate the issues.
e-Services
CIC’s e-Services environment, which includes MyCIC and various other client centered online services, is used by CIC clients and various partner organizations as a means of interacting with CIC. The current state of CIC’s e-Services environment is composed of four distinct technical components: e-application (refer to the e-application PIA summary); MyCIC secure online interface where clients can access the e-application; the Electronic Notification System (ENS); and the Partner Portal, which provides educational institutions participating in the Off -Campus Work Permit Program access to the ENS.
The information collected by CIC’s e-Services environment is classified as Protected “B.” This information is stored within a database table and user authentication is required by both internal and external users each time they log-in. To ensure client information is secure, audit tables have been put in place, where appropriate, in order to track who and when access requests were made to applicant information. Internal users (that is CIC users) are able to access the e-Services environment using a Role Based Access Control. This is done through the creation of various roles with specific permissions set based on a user’s various responsibilities; user functions are limited based on the role they are assigned.
The PIA was conducted using TBS guidelines and incorporates the ten principles of the Canadian Standards Association model for assessing information handling practices. The privacy risks identified as part of the assessment are classified as low to moderate, and an action plan has been developed to address and mitigate these risks.
Global Visa Application Centre Network
Since 2000, Visa Application Centres (VACs) have helped visa offices provide administrative support to visa and immigration applications across the globe. Currently, CIC has 70 VACs located in 49 countries in which all the agreements are in place—with a few exceptions. VACs are locally managed through service agreements with corresponding visa offices.
The report is the first of three PIAs to be conducted on the global VAC network within CIC. A number of privacy risks associated to CIC’s global VAC network were identified as well as their respective mitigation mechanisms. Only one high-level risk was identified relating to the privacy and security of personal information collected in foreign jurisdictions. As a result of this risk, privacy requirements/clauses were built into the request for proposal as per TBS guidelines and following the recommendations of the Office of the Privacy Commissioner. In addition, Performance Management Plans will be required from all vendors, which will be evaluated by CIC prior to deployment. The report also identifies privacy risks associated with the principles of Safeguard, Accuracy and Retention as well as provides various mitigation mechanisms that are/will be employed to address each risk, such as developing a privacy risk assessment tool, designing privacy-friendly procedures and implementing appropriate audit measures. The status of these risks and the mitigation strategies discussed within the report will be updated in phases 2 and 3 of the global VAC.
Immigration-Contribution Accountability Measurement Systems—Tracking of Overseas Orientation Session Graduates
CIC Immigration-Contribution Accountability Measurement System (iCAMS) is a Web-based application, which supports key Government of Canada commitments related to performance measurement and the evaluation of settlement and resettlement contribution programs. iCAMS is used by CIC-funded service provider organizations to capture and transmit client as well as program information.
CIC expanded the delivery of settlement programming in overseas locations to provide information as early as possible for the settlement process. The Foreign Credentials Referral Office (FCRO) was created within 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 countries.
The “Tracking of Overseas Orientation Session Graduates” is the newly expanded iCAMS module that enables overseas data entry.
The PIA identified a number of privacy risks for which measures were recommended and implemented to address the issues. The development of guidance and support tools were also identified to further mitigate risks.
Renewed CIC/RCMP MOU
A PIA was conducted for the renewal of the MOU between CIC and the Royal Canadian Mounted Police (RCMP). The partnership between CIC and the RCMP is vital to ensuring the effective administration and enforcement of the IRPA and the Citizenship Act. The key objectives of the CIC-RCMP partnership are to preserve the integrity of Canada’s immigration, refugee and citizenship programs: to maintain and protect the health, safety and security of Canadians; and to promote international order and justice by denying the use of Canadian territory to persons who are likely to engage in criminal activity. The MOU includes annexes covering criminal screening, intelligence sharing, referrals for prosecutions, RCMP attendance at citizenship ceremonies and communications.
The report analyzed all aspects of the MOU and annexes where personal information is shared. The MOU and annexes contain significant safeguards for the protection of personal information in line with new TBS requirements. The report identified three areas in the sharing of personal information: criminal screening; intelligence sharing; and referrals for prosecutions. Each area was examined in terms of privacy risk. No risks were identified in relation to intelligence sharing and referrals for prosecutions. Risk was identified in the context of criminal screening, specifically with respect to access and use of personal information. The report outlines detailed mitigation strategies to address these risks.
Temporary Resident Biometrics Project
This PIA is an update to the Interim Privacy Impact Assessment (IPIA) conducted in 2009 on the Temporary Resident Biometrics Project (TRBP), a joint CIC, CBSA and RCMP project. The objectives of the report are to provide an update on the privacy risks since the publication of the 2009 IPIA report.
The TRBP involves the electronic in-person collection of a digital photograph and all available fingerprints from temporary resident (TR) applicants by establishing a robust service delivery network for the capture of biometrics, which will consist of contracted VACs operated by third-party service providers under service contracts, arrangements with other trusted governments and CIC offices abroad (only when authorized or directed by CIC). The personal information collected will be shared with the RCMP for verification against the immigration and Canadian criminal fingerprint repository (RCMP Real Time Identification). The results will be communicated to CIC’s Global Case Management System and available to support the decision-making process on the TR application. Once a decision is made, the photograph will be relayed to CIC’s e-Storage for onward transmission to the CBSA TRBP database for storage. The TR visa decision will also be forwarded to CBSA as a reference for the verification process at the port of entry as is current practice.
The goal of the TRBP is to improve the quality of the information provided to CIC and CBSA officers to allow them to make more informed decisions relating to an applicant’s admissibility. The report discusses new and existing privacy risks associated with the principles of Accountability, Accuracy, Collection, Disclosure and Disposition, and Openness. The report provides various mitigation mechanisms that are/will be employed to address each risk—including assigning privacy custodians, finalizing agreements with partners, developing new policies to ensure accuracy of data collected and establishing well defined retention schedules. The status of these risks and the progress on each corresponding mitigation strategy will be updated in the next (and final) phase of the Interdepartmental TRBP PIA.
Appendix A: Report on the Privacy Act
Statistical Report on the Privacy Act
Name of institution: Citizenship and Immigration Canada
Reporting period: 01/04/2012 to 31/03/2013
Part 1 – Requests under the Privacy Act
Number of Requests | |
---|---|
Received during reporting period | 5,114 |
Outstanding from previous reporting period | 665 |
Total | 5,779 |
Closed during reporting period | 5,486 |
Carried over to next reporting period | 293 |
Part 2 – Requests closed during the reporting period
Disposition of requests | Completion Time | |||||||
---|---|---|---|---|---|---|---|---|
1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total | |
All disclosed | 97 | 542 | 195 | 74 | 23 | 23 | 0 | 954 |
Disclosed in part | 150 | 1,926 | 898 | 322 | 121 | 97 | 1 | 3,515 |
All exempted | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 |
All excluded | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
No records exist | 291 | 93 | 34 | 18 | 4 | 0 | 0 | 440 |
Request abandoned | 459 | 77 | 26 | 9 | 2 | 2 | 1 | 576 |
Total | 997 | 2,639 | 1,153 | 423 | 150 | 122 | 2 | 5,486 |
Section | Number of requests |
---|---|
18(2) | 0 |
19(1)(a) | 23 |
19(1)(b) | 7 |
19(1)(c) | 2 |
19(1)(d) | 9 |
19(1)(e) | 0 |
19(1)(f) | 0 |
20 | 0 |
21 | 2,568 |
22(1)(a)(i) | 4 |
22(1)(a)(ii) | 1 |
22(1)(a)(iii) | 0 |
22(1)(b) | 688 |
22(1)(c) | 4 |
22(2) | 0 |
22.1 | 0 |
22.2 | 0 |
22.3 | 0 |
23(a) | 0 |
23(b) | 0 |
24(a) | 0 |
24(b) | 0 |
25 | 0 |
26 | 2,256 |
27 | 21 |
28 | 0 |
Section | Number of requests |
---|---|
69(1)(a) | 0 |
69(1)(b) | 0 |
69.1 | 0 |
70(1)(a) | 0 |
70(1)(b) | 0 |
70(1)(c) | 0 |
70(1)(d) | 0 |
70(1)(e) | 0 |
70(1)(f) | 0 |
70.1 | 0 |
Disposition | Paper | Electronic | Other formats |
---|---|---|---|
All disclosed | 315 | 635 | 0 |
Disclosed in part | 99 | 3,023 | 1 |
Total | 414 | 3,658 | 1 |
2.5 Complexity
Disposition of requests | Number of pages processed | Number of pages disclosed | Number of requests |
---|---|---|---|
All disclosed | 28,650 | 23,937 | 954 |
Disclosed in part | 379,728 | 309,891 | 3,515 |
All exempted | 1 | 0 | 1 |
All excluded | 0 | 0 | 0 |
Request abandoned | 4,200 | 1,918 | 576 |
Disposition | Up to 100 pages processed | 101-500 pages processed | 501-1000 pages processed | 1001-5000 pages processed | More than 5000 pages processed | |||||
---|---|---|---|---|---|---|---|---|---|---|
Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | |
All disclosed | 880 | 16,605 | 61 | 6,814 | 13 | 518 | 0 | 0 | 0 | 0 |
Disclosed in part | 2,637 | 87,703 | 749 | 125,624 | 90 | 50,476 | 39 | 46,088 | 0 | 0 |
All exempted | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
All excluded | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Abandoned | 571 | 269 | 2 | 382 | 1 | 491 | 2 | 776 | 0 | 0 |
Total | 4,089 | 104,577 | 812 | 132,820 | 104 | 51,485 | 41 | 46,864 | 0 | 0 |
Disposition | Consultation required | Legal Advice Sought | Interwoven Information | Other | Total |
---|---|---|---|---|---|
All disclosed | 7 | 0 | 0 | 20 | 27 |
Disclosed in part | 100 | 18 | 0 | 231 | 349 |
All exempted | 0 | 0 | 0 | 0 | 0 |
All excluded | 0 | 0 | 0 | 0 | 0 |
Abandoned | 5 | 0 | 1 | 23 | 29 |
Total | 112 | 18 | 1 | 274 | 405 |
2.6 Deemed refusals
Number of requests closed past the statutory deadline | Principal Reason | |||
---|---|---|---|---|
Workload | External consultation | Internal consultation | Other | |
1,020 | 968 | 41 | 10 | 1 |
Number of days past deadline | Number of requests past deadline where no extension was taken | Number of requests past deadline where an extension was taken | Total |
---|---|---|---|
1 to 15 days | 258 | 23 | 281 |
16 to 30 days | 101 | 14 | 115 |
31 to 60 days | 196 | 21 | 217 |
61 to 120 days | 205 | 32 | 237 |
121 to 180 days | 86 | 12 | 98 |
181 to 365 days | 67 | 4 | 71 |
More than 365 days | 1 | 0 | 1 |
Total | 914 | 106 | 1,020 |
Translation Requests | Accepted | Refused | Total |
---|---|---|---|
English to French | 0 | 0 | 0 |
French to English | 0 | 0 | 0 |
Total | 0 | 0 | 0 |
Part 3 – Disclosures under subsection 8(2)
Paragraph 8(2)(e) | Paragraph 8(2)(m) | Total |
---|---|---|
1,039 | 0 | 1,039 |
Part 4 – Requests for correction of personal information and notations
Number of requests | |
---|---|
Requests for correction received | 2 |
Requests for correction accepted | 0 |
Requests for correction refused | 0 |
Notations attached | 0 |
Part 5 – Extensions
Disposition of requests where an extension was taken | 15(a)(i) Interference with operations |
15(a)(ii) Consultation |
15(b) Translation or conversion |
|
---|---|---|---|---|
Section 70 | Other | |||
All disclosed | 11 | 0 | 1 | 0 |
Disclosed in part | 153 | 0 | 39 | 0 |
All exempted | 0 | 0 | 0 | 0 |
All excluded | 0 | 0 | 0 | 0 |
No records exist | 11 | 0 | 0 | 0 |
Request abandoned | 6 | 0 | 1 | 0 |
Total | 181 | 0 | 41 | 0 |
Length of extensions | 15(a)(i) Interference with operations |
15(a)(ii) Consultation |
15(b) Translation purposes |
|
---|---|---|---|---|
Section 70 | Other | |||
1 to 15 days | 0 | 0 | 0 | 0 |
16 to 30 days | 181 | 0 | 41 | 0 |
Total | 181 | 0 | 41 | 0 |
Part 6 – Consultations received from other institutions and organizations
Consultations | Other government institutions | Number of pages to review | Other organizations | Number of pages to review |
---|---|---|---|---|
Received during the reporting period | 41 | 878 | 0 | 0 |
Outstanding from the previous reporting period | 1 | 3 | 0 | 0 |
Total | 42 | 881 | 0 | 0 |
Closed during the reporting period | 42 | 881 | 0 | 0 |
Pending at the end of the reporting period | 0 | 0 | 0 | 0 |
Recommendation | Number of days required to complete consultation requests | |||||||
---|---|---|---|---|---|---|---|---|
1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total | |
Disclose entirely | 17 | 7 | 1 | 0 | 0 | 0 | 0 | 25 |
Disclose in part | 14 | 3 | 0 | 0 | 0 | 0 | 0 | 17 |
Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 31 | 10 | 1 | 0 | 0 | 0 | 0 | 42 |
Recommendation | Number of days required to complete consultation requests | |||||||
---|---|---|---|---|---|---|---|---|
1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total | |
Disclose entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Disclose in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Part 7 – Completion time of consultations on Cabinet confidences
Number of days | Number of responses received | Number of responses received past deadline |
---|---|---|
1 to 15 | 2 | 0 |
16 to 30 | 0 | 0 |
31 to 60 | 0 | 0 |
61 to 120 | 0 | 0 |
121 to 180 | 0 | 0 |
181 to 365 | 0 | 0 |
More than 365 | 0 | 0 |
Total | 2 | 0 |
Part 8 – Resources related to the Privacy Act
Expenditures | Amount |
---|---|
Salaries | $1,061,096 |
Overtime | $7,690 |
Goods and Services | $100,448 |
Contracts for privacy impact assessments ($0) | |
Professional services contracts ($77,972) | |
Other ($22,476) | |
Total | $1,169,234 |
Resources | Dedicated full-time | Dedicated part-time | Total |
---|---|---|---|
Full-time employees | 14.00 | 0.00 | 14.00 |
Part-time and casual employees | 0.00 | 2.00 | 2.00 |
Regional staff | 0.00 | 0.00 | 0.00 |
Consultants and agency personnel | 0.00 | 0.00 | 0.00 |
Students | 0.00 | 0.00 | 0.00 |
Total | 14.00 | 2.00 | 16.00 |
Appendix B: Delegation Order
Delegation of Authority under the Privacy Act and the Privacy Regulations
Position/Title * | ||||||||||
---|---|---|---|---|---|---|---|---|---|---|
DM | ADMCS/ DGCA |
AADMSPP/ DGRE |
ATIP/ DIR |
ATIP/ MCCI |
ATIP/ MPM05/ SUPPM04 |
ATIP/ PM05 |
ATIP/ PM04 |
ATIP/ PM03 |
||
Descriptions | Section | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
Privacy Act | ||||||||||
Disclosure to investigative bodies | 8(2)(e) | yes | yes | yes | yes | yes | yes | yes | yes | |
Disclosure for research and statistics | 8(2)(j) | yes | yes | yes | ||||||
Disclosure in public interest clearly outweighs any invasion of privacy | 8(2)(m)(i) | yes | ||||||||
Disclosure in public interest, benefit of individual | 8(2)(m)(ii) | yes | ||||||||
Record of disclosure for investigations | 8(4) | yes | yes | yes | yes | |||||
Notify Privacy Commissioner of 8(2)(m) | 8(5) | yes | yes | yes | ||||||
Record of consistent uses | 9(1) | yes | yes | yes | ||||||
Notify Privacy Commissioner of consistent uses | 9(4) | yes | yes | yes | yes | yes | yes | yes | yes | |
Personal information in banks | 10(1) | yes | yes | yes | yes | yes | yes | yes | yes | |
Notice where access is granted | 14 | yes | yes | yes | yes | yes | yes | yes | yes | |
Extension of time limits | 15 | yes | yes | yes | yes | yes | yes | yes | yes | |
Notice where access is refused | 16 | yes | yes | yes | yes | yes | yes | yes | yes | |
Decision regarding translation | 17(2)(b) | yes | yes | yes | yes | yes | yes | yes | yes | |
Conversion to alternate format | 17(3)(b) | yes | yes | yes | yes | yes | yes | yes | yes | |
Refuse access – exempt bank | 18(2) | yes | yes | yes | yes | yes | yes | |||
Refuse access – confidential information | 19(1) | yes | yes | yes | yes | yes | ||||
Disclose confidential information | 19(2) | yes | yes | yes | yes | yes | ||||
Refuse access – federal-provincial affairs | 20 | yes | yes | yes | yes | yes | ||||
Refuse access – international affairs, defence | 21 | yes | yes | yes | yes | yes | ||||
Refuse access – law enforcement and investigation | 22 | yes | yes | yes | yes | yes | ||||
Refuse access – security clearance | 23 | yes | yes | yes | yes | yes | ||||
Refuse access – person under sentence | 24 | yes | yes | yes | yes | yes | ||||
Refuse access – safety of individuals | 25 | yes | yes | yes | yes | yes | ||||
Refuse access – another person’s information | 26 | yes | yes | yes | yes | yes | yes | yes | yes | |
Refuse access – solicitor-client privilege | 27 | yes | yes | yes | yes | yes | ||||
Refuse access – medical record | 28 | yes | yes | yes | yes | yes | ||||
Receive notice of investigation | 31 | yes | yes | yes | yes | yes | ||||
Representation to Privacy Commissioner | 33(2) | yes | yes | yes | yes | yes | yes | yes | yes | |
Response to findings and recommendations of the Privacy Commissioner within a specified time | 35(1)(b) | yes | yes | yes | yes | yes | ||||
Access given to complainant | 35(4) | yes | yes | yes | yes | yes | ||||
Response to review of exempt banks | 36(3)(b) | yes | yes | yes | yes | |||||
Response to review of compliance | 37(3) | yes | yes | yes | yes | yes | ||||
Request of court hearing in the National Capital Region | 51(2)(b) | yes | yes | yes | yes | |||||
Ex parte representation to court | 51(3) | yes | yes | yes | yes | yes | ||||
Privacy Regulations | ||||||||||
Examination of records | 9 | yes | yes | yes | yes | yes | yes | yes | yes | |
Correction of personal information | 11(2) | yes | yes | yes | yes | yes | yes | yes | yes | |
Notification of refusal to correct personal information | 11(4) | yes | yes | yes | yes | yes | yes | yes | yes | |
Disclosure – medical information | 13(1) | yes | yes | yes | yes | |||||
Disclosure – medical information – examine in person, in the presence of a duly qualified medical practitioner | 14 | yes | yes | yes | yes |
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)
* Includes acting appointments and assignments to these positions made pursuant to the Public Service Employment Act and regulations.
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