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ARCHIVED - 2008-09 Annual Report on the Access to Information Act and the Privacy Act


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Appendix A: Statistical Report on the Access to Information Act

Appendix A: Statistical Report on the Access to Information Act

Appendix B: Statistical Report on the Privacy Act

Appendix B: Statistical Report on the Privacy Act

Appendix C: Statistical Report on the Access to Information Act (CPSA)

Appendix D: StatisticalAppendix C: Statistical Report on the Access to Information Act (CPSA) Report on the Privacy Act (CPSA)

Appendix D: Statistical Report on the Privacy Act (CPSA)

Appendix E: Delegation Orders for the Treasury Board of Canada Secretariat

Treasury Board Secretariat

DELEGATION ORDER

PRIVACY ACT

I, the undersigned, President of the Treasury Board, pursuant to Section 73 of the Privacy Act, hereby authorize the Access to Information and Privacy Coordinator and the Executive Director of Strategic Communications and Ministerial Affairs Sector, to exercise signing authorities or perform any of the President's powers, duties or functions specified in the attached schedule B.

__________________________________

President of the Treasury Board

Date: _____________________________

Schedule A:

Sections of the Access to Information Act to Be Delegated

Section of the Act Powers, Duties, Functions
7 Respond to request for access within 30 days; give access or give notice
8 Transfer a request to the government institution with greater interest; give written notice of the transfer to the applicant
9 Extend time limits for responding to request and give notice to Information Commissioner of extension of over 30 days
10 Issue notice where access refused
11 Administer the collection of fees
12(2)(b) Decide whether to translate requested record(s)
12(3)(b) Convert record(s) in an alternative format, when necessary and reasonable
13(1) Shall refuse to disclose any record obtained in confidence from another government
13(2) May disclose any record referred to in 13(1) if the other government consents to the disclosure or makes the information public
14 May refuse to disclose any record if reasonably injurious to the conduct of federal-provincial affairs
15 May refuse to disclose any record if reasonably injurious to international affairs and defence or the detection, prevention, or suppression of subversive or hostile activities
16 May refuse to disclose any record pertaining to law enforcement and investigations, to information that could reasonably be expected to facilitate the commission of an offence, to confidential information on policing services for provinces or municipalities
17 May refuse to disclose any record that could reasonably threaten the safety of individuals
18 May refuse to disclose any record that could reasonably be expected to be materially injurious to the economic interests of Canada
19 Shall refuse to disclose any record that contains personal information as defined in section 3 of the Privacy Act
20 Shall refuse to disclose any record that contains third party information
21 May refuse to disclose any record that contains information related to the operations of government
22 May refuse to disclose any record that contains information relating to testing or auditing procedures
23 May refuse to disclose any record that contains information subject to solicitor-client privilege
24 Shall refuse to disclose any record that is subject to statutory prohibitions as set out in Schedule II
25 Shall sever any information that can be disclosed
26 May refuse to disclose any record on reasonable grounds that such material is to be published within a 90 day period or longer
27(1) Shall give notice to a third party of the intent to disclose any records that may contain third party information
27(4) May extend the time limit for third party notification
28(1)(b) Shall within 30 days after notice is given to third party as per section 27(1) give notice of the decision to disclose any record pertaining to the third party
28(2) Waive the requirements for a written representation by a third party
28(4) Disclose a record pertaining to Third Party following 20 days from the notice having been issued to a third party of the decision to disclose, unless the third party requests a review of the decision as per section 44
29(1) Give written notice to the applicant and to any involved third party of the Department's decision to disclose information on the recommendation of the Information Commissioner
33 Shall advise the Information Commissioner of any third party notified under section 27(1) when given notice of an investigation or that would have been notified had disclosure been intended
35(2) Right to make representation to the Information Commissioner in the course of an investigation
37(1)(b) Receive Information Commissioner's report of findings and recommendations and give notice of action taken or reasons why no action was taken
37(4) Give complainant access to a record after 37(1)(b) where a notice is required
43(1) Give notice to a third party of an application for a Court review under section 41 or 42
44(2) Give notice to an applicant of the third party's application for Court review under section 44
52(2) Request that sections 41 or 42 hearings held in camera be heard and determined in the National Capital Region
52(3) Request and be given right to make representations ex parte in section 52
68,69 Deny any record that is excluded in the Act
71(1) Provide facilities for the public to inspect manuals
71(2) Exclude any exempt information contained in manuals before the manuals are inspected by the public
72(1) Prepare Annual Report to Parliament
77 Responsibilities conferred on the head of the institution by the regulations made under section 77

Schedule B:

Sections of the Privacy Act to Be Delegated

Section of the Act Powers, Duties, Functions
8(2) Generally disclose personal information on the basis of the requirements of subsection 8(2)
8(2)(e) Disclose personal information on the written request of an investigative body
8(2)(j) Disclose personal information for research or statistical 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 the Privacy Commissioner in writing of disclosure under paragraph 8(2)(m)
9(1) Retain records of use
9(4) Notify the Privacy Commissioner of consistent use of personal information and update index accordingly
10 Include personal information in personal information banks
14 Respond to request for access within 30 days; give access or give notice
15 Extend time limit for responding to request for access
16 Issue notice where access refused
17(2)(b) Decide whether to translate requested information
17(3)(b) Decide whether to give access in an alternative format
18(2) May refuse to disclose information contained in exempt bank
19(1) Shall refuse to disclose information obtained in confidence from another government
19(2) May disclose any information referred to in 19(1) if the other government consents to the disclosure or makes the information public
20 May refuse to disclose information if injurious to the conduct of federal-provincial affairs
21 May refuse to disclose if injurious to international affairs and defence or preventing or suppressing subversive or hostile activities
22 May refuse to disclose information prepared by an investigative body, information injurious to the enforcement of a law, or information injurious to the security of penal institutions
23 May refuse to disclose information prepared by an investigative body for security clearances
24 May refuse to disclose information collected by the Canadian Penitentiary Service, the National Parole Service, or the National Parole Board while individual was under sentence if conditions in section are met
25 May refuse to disclose information which could reasonably threaten the safety of individuals
26 May refuse to disclose information about another individual and shall refuse to disclose such information where disclosure is prohibited under section 8
27 May refuse to disclose information subject to solicitor-client privilege
28 May refuse to disclose information relating to the individual's physical or mental health where disclosure contrary to the best interest of the individual
31 Receive notice of investigation by the Privacy Commissioner
33(2) Right to make representations to the Privacy Commissioner in the course of investigation
35(1) Receive Privacy Commissioner's report of findings and recommendations and give notice of action taken
35(4) Give complainant access to information after 35(1)(b) notice
36(3) Receive Privacy Commissioner's report of findings and recommendations concerning the review of exempt information banks and, if appropriate, give notice to the Commissioner
37(3) Receive report of Privacy Commissioner's findings after compliance investigation
51(2)(b) Request that section 51 hearing be held in the National Capital Region
51(3) Request and be given right to make representations ex parte in section 51 hearings
69 Deny information that is excluded in the Act
72(1) Prepare Annual Report to Parliament
77 Responsibilities conferred on the head of the institution by the regulations made under section 77 which are not included in the above