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Report on the administration of the Privacy Act 2018-2019

By Canada Economic Development for Quebec Regions

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About this publication

Publication author : Canada Economic Development for Quebec Regions

ISSN number : ISSN2291-725X

Catalog number : Iu90-1/12E-PDF

Publish date : February 26, 2020

Summary :

This report deals with the activities of the Agency in implementing the Access to information Act for the fiscal year 2018-2019

Table of Contents

  1. 1. Introduction
  2. 2. Organizational structure
  3. 3. Delegation order
  4. 4. Highlights of the statistical report 2018-19
  5. 5. Training and awareness
  6. 6. Policies, guidelines, procedures and initiatives
  7. 7. Summary of key issues and actions taken on complaints or audits
  8. 8. Monitoring compliance
  9. 9. Material Privacy Breaches
  10. 10. Privacy Impact Assessments
  11. 11. Public interest disclosures
  12. Appendix - Delegation Order
  13. Appendix - Statistical Report for 2018-2019

1. Introduction

Summary of the purpose of the Privacy Act

The Privacy Act (the Act), promulgated on July 1, 1983, aims to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution.

The purpose of the Act is to protect personal information by allowing individuals to consult information about them. It also imposes strict controls on how such information is gathered, used and shared.

The Privacy Act gives individuals general access to personal information about themselves held by federal institutions, subject to certain specific and limited exceptions.

Annual report prepared in accordance with section 72

This document was prepared in response to section 72 of the Act, which requires federal institutions to submit an annual report to Parliament on administration of the Act. This report provides details on activities related to administration of the Act at Canada Economic Development for Quebec Regions (CED).

Mandate of the institution

CED is one of the regional development agencies (RDA) that make up the Innovation, Science and Economic Development Portfolio. Quebec communities and businesses—especially small and medium-sized enterprises (SMEs)— are at the heart of its action. Through the projects it funds and its networking and integration role, CED is the key federal actor in the Quebec entrepreneurial ecosystem.

CED maintains client relations with businesses and supports them in their projects. It makes strategic investments that promote competitive regional advantages and support the transition and modernization of communities. Aiming to position Quebec businesses at the leading edge of tomorrow’s economy, CED focuses on business growth, innovation, clean technologies, inclusive economy and the participation of groups that are generally underrepresented in the labor market.

Well rooted in the regions thanks to its 12 business offices, CED builds on collaboration and creating synergies with businesses, communities, supporting organizations and other levels of government to increase the quality and impact of its programs. For example, it forms partnerships to foster a concerted action by regional economic development actors and ensures a better exchange of information between federal organizations.

CED provides a regional strategic perspective that supports national priorities and works with other departments to ensure coordination of government policies and programs. Its action has a significant impact on Quebec communities and businesses, not only through its direct investments, but also because it contributes to understanding the economic development needs of the regions.

CED’s Grants and Contributions Programs and Initiatives, in effect in 2018–19

Main programs

Quebec Economic Development Program (QEDP)

  • Targeted and/or temporary initiatives:
    • Economic Recovery Initiative for Lac-Mégantic
    • Canadian Initiative for the Economic Diversification of Communities Reliant on Chrysotile
    • Winter Tourism Initiative - Trail Maintenance Support
    • Linguistic Duality Economic Development Initiative (EDI) (Canada-wide initiative)

Regional Economic Growth through Innovation (REGI)Footnote 1

  • Targeted and/or temporary initiatives:
    • Women Entrepreneurship Strategy
    • Fast Forward Challenge
    • Support to the Steel and Aluminum Sector

Canada-wide program implemented in Quebec by CED:

Community Futures Program (CFP)

The main recipients of CED’s programs are SMEs, business groups or associations and NPOs whose principal mission is to support businesses or economic development. These programs include repayable and non-repayable contributions.

To learn more about the Agency’s mandate, programming and operations, go to its Web site: www.dec-ced.gc.ca.

2. Organizational structure

Access to Information and Privacy Office

CED fulfills its Access to Information Act (ATI) and Privacy Act (PA) responsibilities with an Access to Information and Privacy Office (AIPO) to process requests. The AIPO reports directly to the Deputy Minister / President’s Chief of Staff.

AIPO has an access to information and privacy coordinator, as well as an advisor and a coordinating agent. The coordinator, with the help of the advisor and agent, oversees compliance with legislation, regulations, procedures and broad government trends.

Through its delegated authority, AIPO represents the Agency on matters relating to the Act in dealings with the public, Treasury Board Secretariat, the Commissioners of Information and Privacy and other federal departments and institutions.

AIPO’s chief duties are:

  • Processing requests and coordinating all attendant administrative and legal operations.
  • Assisting applicants.
  • Developing opinions, general guidelines and procedures relating to the application of the ATI and PA.
  • Reporting on CED’s application of the ATI and PA.
  • Meeting the training and information needs of ced employees.

3. Delegation order

CED’s enabling legislation identifies its head as being the Deputy Minister / President. In addition to managing the institution and overseeing management of its personnel, the Deputy Minister / President is responsible for application of the Privacy Act.

To this end, the authority for application of the Act was delegated to the Coordinator, Access to Information and Privacy, while most administrative authority was delegated to the Advisor, Access to Information and Parliamentary Affairs.

A copy of the signed and dated delegation order is attached to this report.

4. Highlights of the statistical report 2018-19

Requests received and processed

Over fiscal year 2018-19, eleven privacy requests were received. There was no request carried over from the previous year. Although the eleven requests processed this year is an increase over the last year, each of the requests received were abandoned during the reporting period. Ever since CED has been accepting privacy requests submitted on-line, more requests are abandoned because they were submitted to CED by mistake. The ATIP Office redirected and advised the requesters to submit a new request to the appropriate department and to abandon the request submitted to CED following an error in the applicant's identification of the department. The abandon rate is an increase from the five requests abandoned last year and continues a trend reported over the last three years. As a result, CED received no privacy request for which a response was provided. Owing to its economic development activities, CED holds numerous documents containing information on third parties, but very little in the way of personal information.

The following table illustrates the number of privacy requests received since 2014-15. Excluding abandoned requests, CED has only processed five privacy requests over that period.

Table 1 – Requests received

Requests received

Table 1 - Long description

Requests received

In 2018-2019, 11 requests were received

In 2017-2018, 7 requests were received

In 2016-2017, 5 requests were received and 1 request was carried over from last fiscal year

In 2015-2016, 3 requests were received

In 2014-2015, 1 request was received

Disposition, completion times and extensions

The Act stipulates that privacy requests must normally be answered within 30 calendar days. Extensions may be granted in only rare instances. Each of the eleven requests was abandoned prior to day 15 after it was received.

Table 2
Disposition and completion time
Disposition 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 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 0 0 0 0 0 0 0
Request abandoned 11 0 0 0 0 0 0 11
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 11 0 0 0 0 0 0 11

Exemptions and exclusions invoked

Because CED had no privacy request for which a response was provided, there was no exemption or exclusion invoked during the reporting period.

Pages processed and disclosed

There were no pages processed as part of the eleven requests that were abandoned during 2018-19. As such, no pages were disclosed. During the previous period, CED had processed and released 871 pages. Since CED rarely processes privacy requests, there is no trend that can be detected.

Consultations

CED did not resort to any consultation while processing both privacy requests. Also, CED did not process any consultation from other institutions.

Costs

Expenditures related to the administration of the Act totalled $12,036 in 2018-19. That amount includes $11,752 in salaries for 0.14 full-time equivalents. A total of $284 was spent on travel costs, software leasing, supplies and translation services.

Statistical Report

A copy of the 2018-19 statistical report on the administration of the Privacy Act is attached to this report.

5. Training and awareness

In 2018-19, one training session was delivered to seven CED employees. The AIPO always remains available to deliver specific training to employees, whose duties call for a certain grasp of matters that relate to the protection of personal information.

Since 2017-18, CED’s Access to Information and Privacy Coordinator became an associated faculty member of the Canada School of Public Service. In that capacity, he delivered courses titled “Access to Information in the Government of Canada” and “Privacy in the Government of Canada Privacy in the Government of Canada” during the reporting period.

6. Policies, guidelines, procedures and initiatives

DEC did not implement any new policies, guidelines, procedures or initiatives during the reporting period.

However, CED is continuing to implement its plan put into place last year in order for to comply with the new proactive disclosure requirements once royal assent is given to Bill C-58, which will amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts. This plan details the actions CED has to undertake to proactively disclose new information, such as briefing packages for new or changing deputy heads, briefing package prepared for the deputy head and public servants for parliamentary committee appearances and titles and tracking numbers of briefing notes to submitted to the minister and deputy heads.

7. Summary of key issues and actions taken on complaints or audits

Complaints

During fiscal year 2018-19, CED did not receive any complaints regarding a privacy request.

Audits and investigations

CED was not the subject of any audit over the reporting period, nor was CED under any investigation.

8. Monitoring compliance

Monitoring of the processing time

The AIPO ensures the time to process privacy requests is monitored through a weekly report of on-going requests. The report provides the details of each request, such as the due date and current status, i.e. documents being retrieved, under review, in consultation or in the approval process. This report is distributed to CED’s senior management, including its Deputy Head.

Since 2011, the AIPO has equipped itself with software to manage and track access to information requests and privacy requests. This program makes it easier to follow every activity and task related to any request and serves as a tool to monitor processing time to comply with the provisions on timeframes as set out in the Act.

Requests for correction

Requests for correction of personal information are processed by the AIPO and a record is kept within an internal tracking system. There was no request for correction of personal information made over the reporting period.

9. Material Privacy Breaches

There was no material privacy breach that occurred over the reporting period.

10. Privacy Impact Assessments

No privacy impact assessment was conducted over the reporting period.

11. Public interest disclosures

During fiscal year 2018-19, no information was disclosed pursuant to subsection 8.(2)(m) of the Privacy Act.

Appendix - Delegation Order

The President, pursuant to section 73 of the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the President as the head of the Economic Development Agency for the Regions of Quebec, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders.

Privacy Act
Provision Description Proposed delegation
Coordinator, Access to information and Privacy Advisor, Access to information
8(2)(j) Disclose personal information for research purposes  
8(2)(m) Disclose personal information in the public interest or in the interest of the individual  
8(4) Retain copy of 8(2)(e) requests and disclosed records
8(5) Notify Privacy Commissioner of 8(2)(m) disclosures
9(1) Retain record of use
9(4) Consistent use
10 Include personal information in personal information banks
14(a) Notice where access requested
14(b) Giving access to the record
15 Extension of time limits
17(2)(b) Language of access
17(3)(b) Access to personal information in alternate format
Exemption Provisions of the Privacy Act
Provision Description Proposed delegation
Coordinator, Access to information and Privacy Advisor, Access to information
18(2) Exemption (exempt bank) Disclosure may be refused  
19(1) Exemption - Personal information obtained in confidence  
19(2) Exemption - Where authorized to disclose  
20 Exemption - Federal-provincial affairs  
21 Exemption - International affairs and defence  
22 Exemption - Law enforcement and investigation  
22.3 Exemption - Public Servants Disclosure Protection Act  
23 Exemption - Security clearances  
24 Exemption - Individuals sentenced for an offence  
25 Exemption - Safety of individuals  
26 Exemption - Information about another individual  
27 Exemption - Solicitor-client privilege  
28 Exemption - Medical record  
Other Provisions of the Privacy Act
Provision Description Proposed delegation
Coordinator, Access to information and Privacy Advisor, Access to information
33(2) Right to make representation  
35(1) Findings and recommendations of Privacy Commissioner (complaints)
35(4) Access to be given
36(3) Report of findings and recommendations (exempt banks)
51(2),(3) Special rules for hearings  
70 Cabinet confidences*  
72 Report to Parliament

* Legal advice obtained beforehand

Privacy Regulations
Provision Description Proposed delegation
Coordinator, Access to information and Privacy Advisor, Access to information
7 Retention of personal information requested under paragraph 8(2)(e)
9 Examination of information
11(2),11(4) Notification concerning corrections
13(1) Disclosure of personal information relating to physical or mental health
14 Examination in presence of medical practitioner or psychologist

I approve the delegation schedule.

Manon Brassard, Deputy Minister / President
Date: August 17, 2016

Appendix - Statistical Report for 2018-2019

Name of institution: Canada Economic Development for Quebec Regions

Reporting period: 2018-04-01 to 2019-03-31

Part 1: Requests Under the Privacy Act

Number of Requests
Received during reporting period 11
Outstanding from previous reporting period 0
Total 11
Closed during reporting period 11
Carried over to next reporting period 0

Part 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time
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 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 0 0 0 0 0 0 0
Request abandoned 11 0 0 0 0 0 0 11
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 11 0 0 0 0 0 0 11
2.2 Exemptions
Section Number of Requests
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 0
19(1)(d) 0
19(1)(e) 0
19(1)(f) 0
20 0
21 0
22(1)(a)(i) 0
22(1)(a)(ii) 0
22(1)(a)(iii) 0
22(1)(b) 0
22(1)(c) 0
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 0
27 0
28 0
2.3 Exclusions
Section Number of Requests
69(1)(a) 0
69(1)(b) 0
69.1 0
70(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
2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 0 0 0
Disclosed in part 0 0 0
Total 0 0 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Disposition of Requests Number of Pages Processed Number of Pages Disclosed Number of Requests
All disclosed 0 0 0
Disclosed in part 0 0 0
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 11
Neither confirmed nor denied 0 0 0
Total 0 0 11
2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 11 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Total 11 0 0 0 0 0
2.5.2 Relevant pages processed and disclosed by size of requests (continued)
Disposition 1001-5000 Pages Processed More Than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed
All disclosed 0 0 0 0
Disclosed in part 0 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
Request abandoned 0 0 0 0
Neither confirmed nor denied 0 0 0 0
Total 0 0 0 0
2.5.3 Other complexities
Disposition Consultation Required Legal Advice Sought Interwoven Information Other Total
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 0 0 0 0 0

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
0 0 0 0 0
2.6.2 Number of days past deadline
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 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 0 0
2.7 Requests for translation
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) and 8(5)

Paragraph 8(2)(e) Paragraph 8(2)(m) Subsection 8(5) Total
0 0 0 0

Part 4 - Requests for Correction of Personal Information and Notations

Disposition for Correction Requests Received Number
Notations attached 0
Requests for correction accepted 0
Total 0

Part 5 - Extensions

5.1 Reasons for extensions and disposition of requests
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 0 0 0 0
Disclosed in part 0 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 0 0 0 0
5.2 Length of extensions
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 0 0 0 0
Total 0 0 0 0

Part 6: Consultations Received From Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and other organizations
Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during the reporting period 0 0 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 0 0 0 0
Closed during the reporting period 0 0 0 0
Pending at the end of the reporting period 0 0 0 0
6.2 Recommendations and completion time for consultations received from other Government of Canada institutions
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
All disclosed 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 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
6.3 Recommendations and completion time for consultations received from other organizations
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
All Disclosed 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 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

7.1 Requests with Legal Services
Number of Days Pages Processed 101-500 Pages Processed 501-1000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0
More than 365 0 0 0 0 0 0
Total 0 0 0 0 0 0
7.1 Requests with Legal Services (continued)
Number of Days 1001-5000 Pages Processed More than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0
16 to 30 0 0 0 0
31 to 60 0 0 0 0
61 to 120 0 0 0 0
121 to 180 0 0 0 0
181 to 365 0 0 0 0
More than 365 0 0 0 0
Total 0 0 0 0
7.2 Requests with Privy Council Office
Number of Days Pages Processed 101-500 Pages Processed 501-1000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0
More than 365 0 0 0 0 0 0
Total 0 0 0 0 0 0
7.2 Requests with Privy Council Office (continued)
Number of Days 1001-5000 Pages Processed More than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0
16 to 30 0 0 0 0
31 to 60 0 0 0 0
61 to 120 0 0 0 0
121 to 180 0 0 0 0
181 to 365 0 0 0 0
More than 365 0 0 0 0
Total 0 0 0 0

Part 8: Complaints and Investigations Notices Received

Section 31 Section 33 Section 35 Court action Total
0 0 0 0 0

Part 9: Privacy Impact Assessments (PIAs)

Number of PIA(s) completed 0

Part 10: Resources Related to the Privacy Act

10.1 Costs
Expenditures Amount
Salaries $11,752
Overtime $0
Goods and Services $284
  • Professional services contracts
$0  
  • Other
$284
Total $12,036
10.2 Human Resources
Resources Person Years Dedicated to Privacy Activities
Full-time employees 0.14
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 0.14

Note: Enter values to two decimal places.

New Exemptions table 2018-2019
Privacy Act
Section Number of requests
22.4 National Security and Intelligence Committee 0
27.1 Patent or Trademark privilege 0
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