Treasury Board of Canada Secretariat
www.tbs-sct.gc.ca
Implementation Report No. 113 - Annual Reports on the Access to Information Act and the Privacy Act for 2008-2009
ACCESS TO INFORMATION AND PRIVACY
IMPLEMENTATION REPORT NO.113
April 9, 2009
To: Access to Information and Privacy Coordinators
Subject: Annual Reports on the Access to Information Act and the Privacy Act for 2008-2009
Government institutions are reminded that they must submit their 2008 or 2008-2009 (depending upon financial year) Annual Reports to Parliament, as required by sections 72 of the Access to Information Act (ATIA) and of the Privacy Act (PA).
Due Dates
Each Annual Report must be submitted to Parliament "…within three months after the financial year… or", if the House of Commons is not sitting, "on any of the first fifteen days next thereafter that it is sitting."
For institutions whose financial year ended on April 30, 2008, July 31, 2008, or August 31, 2008 the Annual Reports should have already been submitted.
For institutions whose financial year ended on December 31, 2008, the Annual Reports should have been submitted no later than March 31, 2009 if the House was sitting.
For institutions whose financial year ends on March 31, 2009 the Annual Reports are to be submitted no later than June 30, 2009 if the House is sitting.
Two copies of each Annual Report in both official languages must be submitted to Treasury Board Secretariat within two weeks after the Reports have been tabled in Parliament.
Please do not submit advance copies.
Annual Reports To Parliament
Separate and distinct Annual Reports must be prepared for the Access to Information Act and for the Privacy Act in accordance with the instructions outlined in Appendix A (see attached).
The Reports must be submitted in both official languages.
Reporting Requirements
Annual Reports are the means by which federal institutions account for their administration of the Access to Information and Privacy Acts includingboth their successes and challenges. Due to the unique experiences of institutions, no single format can serve the needs of all departments and agencies. Therefore, while all of the reporting requirements identified in this Implementation Report and Appendix must be addressed, institutions may organize the contents of their Annual Reports as they see appropriate.
To promote accessibility and transparency, institutions may also want to consider publishing the Annual Reports on their internet sites.
Annual Reports will be reviewed by TBS for institutions that participate in the Management Accountability Framework (MAF) exercise. For institutions not participating in MAF, Annual Reports will be reviewed for other monitoring and compliance purposes.
Please note that institutions are required to submit complete Annual Reports. Under the Policy on Access to Information and the Policy on Privacy Protection, Treasury Board Secretariat may impose additional reporting requirements for those institutions that consistently fail to address all of the reporting requirements identified in this Implementation Report.
Authorization
Although Annual Reports must be approved by the * Head of the Institution, they do not require the Head's signature. However, the Reports must be accompanied by a letter of transmittal from the Minister to the Clerk of the House of Commons and to the Clerk of the Senate. For institutions where the Head is not a Minister, a transmittal letter is required from the Minister through whom the institution reports to Parliament.
In the letter of transmittal, the Minister must indicate that:
- The Reports are tabled in accordance with section 72 of the Access to Information Act and section 72 of the Privacy Act.
- The Reports are to be referred to the Standing Committee on Justice and Human Rights.
Sample transmittal letters are included in Appendix C.
* For the purposes of the Access to Information Act and the Privacy Act, the "Heads of the Institution" are generally Ministers of Federal Departments, Presidents or Chief Executive Officers of Crown Corporations, Commissioners of Government Commissions, or Agents of Parliament. Institutions may consult the Access to Information Act Heads of Government Institutions Designation Orderand the Privacy Act Heads of Government Institutions Designation Order> to determine the individual who has been designated as the Head for the purposes of these Acts.
Submission
Copies of the Annual Reports to Parliament must be submitted to the following in both official languages:
Ms. Audrey O'Brien
Clerk of the House of Commons
Centre Block, Room 228-N
House of Commons
Parliament Buildings
Ottawa, Ontario K1A 0A6
- One copy of the Annual Report on the Access to Information Act
- One copy of the Annual Report on the Privacy Act
Mr. Paul C. Bélisle
Clerk of the Senate and Clerk of the Parliaments
Centre Block, Room 183-S
Senate of Canada
Parliament Buildings
Ottawa, Ontario K1A 0A4
- One copy of the Annual Report on the Access to Information Act
- One copy of the Annual Report on the Privacy Act
The Information Commissioner of Canada
Place de Ville, Tower B
112 Kent Street, 22nd Floor
Ottawa, Ontario K1A 1H3
- One copy of the Annual Report on the Access to Information Act
The Privacy Commissioner of Canada
Place de Ville, Tower B
112 Kent Street, 3rd Floor
Ottawa, Ontario K1A 1H3
- One copy of the Annual Report on the Privacy Act
Colette Dubois
Information and Privacy Policy Division
Treasury Board of Canada Secretariat
219 Laurier Avenue West, 14th Floor
Ottawa, Ontario K1A 0R5
- Two copies of the tabled Annual Report on the Access to Information Act in each official language.
- Two copies of the tabled Annual Report on the Privacy Act in each official language.
TBS should receive a total of four copies.
Additional Information
Please refer to Appendix A for detailed instructions regarding the mandatory reporting requirements that must be included in your Annual Reports for this reporting period.
Anyone interested in viewing copies of recent institutional Annual Reports may contact the Information and Privacy Policy Division's Compliance Assessment and Reporting Team at 613-957-2455 or by e-mail to Infosource@tbs-sct.gc.ca.
Enquiries
If you have any questions, please contact us at ippd-dpiprp@tbs-sct.gc.ca or by telephone at 613-946-4945.
Donald Lemieux
Executive Director
Information and Privacy Policy Division
Chief Information Officer Branch
Attachments (Appendix A,
C)
Appendix A – Annual Report to Parliament
Access to Information Act
Please note the mandatory reporting requirements (1 to 6 inclusive) that must be included in your institution's Annual Report on the administration of the Access to Information Act. Other reporting requirements (7 to 12 inclusive) will apply and be considered mandatory only if your institution undertook those activities during the reporting period.
There is no specific format regarding how this information must be presented, however, it is recommended that the content follow the order presented below.
| REPORTING ELEMENTS | REPORTING REQUIREMENTS |
|---|---|
| 1. Introduction, including a brief summary of the purpose of the Access to Information Act and the mandate of your institution. | Mandatory |
| 2. Description of how the institution is structured to fulfill Access to Information Act responsibilities. For example, describe the organization of the institution's ATIP Office. | Mandatory |
| 3. A copy of the signed Delegation Order. Delegation
Orders set out what powers, duties and functions for the administration
of the Access to Information Act have been delegated by the head
of the institution and to whom. Note: If there has been no delegation (i.e., the powers and responsibilities under the Act have been retained exclusively by the Head), a statement to that effect must be included. |
Mandatory |
| 4. Statistical Report including all annexes (see Implementation Report 114 for detailed instructions on the preparation of the Statistical Report). | Mandatory |
| 5. Interpretation of the Statistical Report. For example, a description of significant trends on the application of exemptions and exclusions, and/or information on completion times and extensions. | Mandatory |
6. Description of access to information-related education and training
activities provided to the institution's employees during the reporting
period. This may include briefing and awareness sessions as well as formal
training courses.
If no training activities were undertaken, please indicate this clearly. |
Mandatory |
|
Reporting requirements (7 to 12 inclusive) will apply and be considered mandatory only if your institution undertook those activities during the reporting period. |
|
| 7. A summary of significant changes to the institution's organization, programs, operations, or policy. | This information must be included in the Annual Report if your institution underwent any significant changes during the reporting period. |
| 8. Overview of new and/or revised institutional Access to Information Act related policies and procedures implemented during the reporting period. | This information must be included in the Annual Report if your institution implemented any new or revised any existing ATI policies or procedures. |
| 9. Description of major changes implemented as a result of concerns/issues raised by the Office of the Information Commissioner (OIC) in his Annual Report to Parliament, in institutional "Report Cards", or in other OIC reviews/evaluations of your institution's administration of the Access to Information Act. | This information must be included in the Annual Report if your institution implemented any changes as a result of recommendations from the Office of the Information Commissioner. |
| 10. Description of major changes implemented as a result of concerns/issues raised by other Agents of Parliament; e.g. the Auditor General. | This information must be included in the Annual Report if your institution implemented any changes as a result of recommendations from other Agents of Parliament. |
| 11. Indicate if your institution had any access to information complaints and/or investigations during the reporting period and summarize the key issues. | This information must be included in the Annual Report if your institution received any complaints and/or was investigated during the reporting period. |
| 12. Indicate of the number of applications/appeals submitted to the Federal Court or the Federal Court of Appeal. | This information must be included in the Annual Report if any applications/ appeals were submitted to the Federal Courts during the reporting period. |
Appendix A – Annual Report to Parliament
Privacy Act
Please note the mandatory reporting requirements (1 to 11 inclusive) that must be included in your institution's Annual Report on the administration of the Privacy Act. Other reporting requirements (12 to 17 inclusive) will apply and be considered mandatory only if your institution undertook those activities during the reporting period.
There is no specific format regarding how this information must be presented, however, it is recommended that the content follow the order presented below.
| REPORTING ELEMENTS | REPORTING REQUIREMENT |
|---|---|
| 1. Introduction, including a brief summary of the purpose of the Privacy Act and the mandate of your institution. |
Mandatory |
| 2. Description of how the institution is structured to fulfill Privacy Act responsibilities. For example, describe the organization of the institution's ATIP Office. | Mandatory |
| 3. A copy of the signed
Delegation Order. Delegation Orders set out what powers, duties and functions
for the administration of the Privacy Act have been delegated by
the head of the institution and to whom. Note: If there has been no delegation, (i.e., the powers and responsibilities under the Act have been retained exclusively by the Head), a statement to that effect must be included. |
Mandatory |
| 4. Statistical Report including all annexes (see Implementation Report 114 for detailed instructions on the preparation of the Statistical Report). | Mandatory |
| 5. Interpretation of the Statistical Report. For example, a description of significant trends on the application of exemptions and exclusions, and/or information on completion times and extensions. | Mandatory |
| 6. Brief description of each Privacy Impact Assessment completed during the reporting period and a copy of the hyperlink to its summary on your institution's website. | Mandatory |
7. Indicate the number of new data sharing
activities undertaken during the reporting period. This includes new
internal data sharing activities (i.e. among
different sections within the institution) as well as data sharing activities
with other institutions.
|
Mandatory |
8. Description of privacy-related education
and training activities undertaken by the ATIP staff and provided to the
institution's employees during the reporting period. This may include briefing
and awareness sessions as well as formal training courses.
If no training activities were undertaken, please indicate this clearly. |
Mandatory |
| 9. Cite the number of disclosures made
during the reporting period pursuant to subsection 8(2)(e) of the
Privacy Act. For example: "During the reporting period, Institution X made six disclosures of personal information pursuant to subsection 8(2)(e) of the Privacy Act. |
Mandatory |
| 10. Indicate if the institution disclosed personal information during the reporting periodpursuant to subsections 8(2)(f) and(g) of the Privacy Act.. | Mandatory |
11. Provide the following information regarding disclosures made pursuant
to subsection 8(2)(m) of the Privacy Act during the reporting
period:
|
Mandatory |
| Reporting requirements (12 to 17 inclusive) will apply and be considered mandatory only if your institution undertook those activities during the reporting period. | |
| 12. A summary of significant changes to the institution's organization, programs, operations, or policy. | This information must be included in the Annual Report if your institution underwent any significant changes during the reporting period. |
| 13. Overview of new and/or revised institutional privacyrelated policies and procedures implemented during the reporting period. | This information must be included in the Annual Report if your institution implemented any new or revised any existing privacy policies or procedures. |
| 14. Description of major changes implemented as a result of concerns/issues raised by the Office of the Privacy Commissioner (OPC) in her Annual Report to Parliament, reviews of Privacy Impact Assessments, or in other OPC reviews/evaluations of your institution's administration of the Privacy Act. | This information must be included in the Annual Report if your institution implemented any changes as a result of recommendations from the Office of the Privacy Commissioner. |
| 15. Description of major changes implemented as a result of concerns/issues raised by other Agents of Parliament; e.g. the Auditor General. | This information must be included in the Annual Report if your institution implemented any changes as a result of recommendations from other Agents of Parliament. |
| 16. Indicate if your institution had any privacy complaints and/or investigations during the reporting period and summarize the key issues. | This information must be included in the Annual Report if your institution received any complaints and/or was investigated during the reporting period. |
| 17. Indicate of the number of applications/ appeals submitted to the Federal Court or the Federal Court of Appeal. | This information must be included in the Annual Report if any applications/ appeals were submitted to the Federal Courts during the reporting period. |
APPENDIX C
SAMPLE TRANSMITTAL LETTERS
[Date]
Ms. Audrey O'Brien
Clerk of the House of Commons
Centre Block, Room 228-N
House of Commons
Parliament Buildings
Ottawa, Ontario K1A 0A6
Dear Ms. O'Brien:
Pursuant to Standing Order 32(1) and the provisions of section 72 of the Access to Information Act and section 72 of the Privacy Act, I am pleased to enclose, for tabling in the House of Commons, the annual report for the fiscal year 2008-2009 in respect of the administration of those Acts within [name of institution].
Pursuant to Standing Order 32(5), the report is deemed referred to the Standing Committee on Justice and Human Rights.
Yours sincerely,
[Name of Minister]
Enclosures
[Date]
Mr. Paul Bélisle
Clerk of the Senate and Clerk of the
Parliaments
Centre Block, Room 183-S
Senate of Canada
Parliament Buildings
Ottawa, Ontario K1A 0A6
Dear Mr. Bélisle:
Pursuant to the provisions of section 72 of the Access to Information Act and section 72 of the Privacy Act, I am pleased to enclose, for tabling in the Senate, the annual report for the fiscal year 2008-2009 in respect of the administration of those Acts within [name of institution].
Yours very truly,
[Name of Minister]
Enclosures
[Date]
Ms. Colette Dubois
Information and Privacy Policy Division
Treasury Board of Canada Secretariat
219 Laurier Avenue West, 14th Floor
Ottawa, Ontario K1A 0R5
Dear Ms. Dubois,
Please find attached, in both official languages, two copies of [name of institution]'s Annual Report on the administration of the Access to Information Act for the fiscal year 2008-2009, and two copies of the Annual Report on the administration of the Privacy Act for the fiscal year 2008-2009.
Pursuant to section 72 of the Acts, the Reports were tabled in the House of Commons on [date of tabling].
Yours Sincerely,
[Name of Access to Information and Privacy Coordinator]
Enclosures
