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Table of Contents

Office of the Privacy Commissioner of Canada

Section I: Overview

• Message from the Privacy Commissioner of Canada
• Management Representation Statement
• Program Activity Architecture
• Raison d'Être
• Financial and Human Resources
• Factors Affecting OPC Performance in 2006-2007
• Performance Status of OPC Priorities

Section II: Analysis by Program Activity

• OPC Performance in 2006-2007
  • Program Activity 1: Compliance Activities
  • Program Activity 2: Research and Policy Development
  • Program Activity 3: Public Outreach
  • Other Activities: Management Excellence

Section III: Supplementary Information

• Organizational Information
• Additional Management Achievements
• Resource Tables
• Sources of Additional Information
• Audited Financial Statements

Office of the Information Commissioner of Canada

Section I: Overview   

• Message from the Information Commissioner of Canada
• Management Representation Statement
• Program Activity Architecture
• Raison d'Être
• Financial and Human Resources
• Context for OIC Performance in 2006-2007
• Performance Status of OIC Priorities

Section II: Analysis by Program Activity

• OIC Performance in 2006-2007
• Program Activity 1 - Assess, investigate, review, pursue judicial enforcement and provide advice

Section III: Supplementary Information

• Organizational Information
• Resource Tables
• Sources of Additional Information

Section IV: Other Items of Interest

• Management Achievements

2006-2007
Departmental Performance Report

Office of the Privacy Commissioner of Canada

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The Honourable Robert D. Nicholson, P.C., Q.C., M.P.
Minister of Justice and Attorney General of Canada

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Section I: Overview

1.1   Message from the Privacy Commissioner of Canada

It is with great pleasure that I table before Parliament today the Departmental Performance Report of the Office of the Privacy Commissioner of Canada for the fiscal year ending March 31, 2007.

Being mandated with the responsibility to uphold and protect the privacy rights of Canadians is a sacred trust that should be handled with care. My Office strives to meet this task, but the tools we need to be an even more effective advocate for Canadians are currently out of our reach.

This year marks the 25th anniversary of the introduction of the Privacy Act, which regulates the way in which government departments and agencies handle personal information. Though more than two decades of technological and political change have come and gone, the protections within the Act have not changed. The Act no longer allows Canadians to demand accountability from the government over the way their personal information is handled. This state of affairs has been decried by successive privacy commissioners and stakeholders to no effect.  This is unfortunate, as the government should lead by example. Last June, we tabled a proposal for Privacy Act reform before the House of Commons Standing Committee on Access to Information, Privacy and Ethics, but nothing has come of this yet.

As we close and begin a new fiscal year, we strongly urge Parliament to take the opportunity to affirm Canada as a leader in privacy protection rights, by tackling Privacy Act reform. My Office is eager to work with Parliament on this issue to put meaningful protections in place, for the good of our people and integrity of our institutions.

On another note, the Personal Information Protection and Electronic Documents Act (PIPEDA) was due for its mandatory review in 2006. This process is being undertaken by the House of Commons Standing Committee on Access to Information, Privacy and Ethics and we made two appearances to share our reflections on this law and its impact on the private sector. As the privacy protection standard for private-sector organizations regulated by the federal government, PIPEDA has proved to be sound legislation. However, the Act requires fine tuning in several areas to deal with issues such as data breach notification and transborder data flows. We look forward to the successful conclusion of this review.

Finally, the Office is energized as it prepares to host the privacy world in Montreal this September, at the 29th International Conference of Data Protection and Privacy Commissioners. We have spent much of the last year planning for this event and it promises to help foster worldwide policy collaboration and cooperation. Top privacy thinkers, data protection authorities and members of civil society from around the globe will join us to discuss and exchange ideas about upcoming privacy “dragons” and how we can work together to meet the challenge.

It is against this backdrop of activity that I present our report, which details the Office’s performance over the past fiscal year in meeting our data protection responsibilities and ensuring Canada continues to be a world leader in privacy rights.

Jennifer Stoddart
Privacy Commissioner of Canada

1.2   Management Representation Statement

I submit for tabling in Parliament, the 2006–2007 Departmental Performance Report for the Office of the Privacy Commissioner of Canada.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2006–2007 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

• It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
• It is based on the department’s Strategic Outcome and Program Activity Architecture that were approved by the Treasury Board;
• It presents consistent, comprehensive, balanced and reliable information; 
• It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
• It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.

Jennifer Stoddart
Privacy Commissioner of Canada

1.3   Program Activity Architecture

The OPC’s Strategic Outcome and Program Activity Architecture (PAA) structure that were approved by Treasury Board Secretariat have remained stable in their substance; only minor wording revisions were made as part of an exercise to develop the OPC results and performance measurement framework during 2006-2007. Hence the structure of the PAA, the number of program activities, and corresponding allocation of funding have not been changed, nor has a submission to Treasury Board Secretariat for any formal modification been required. Nevertheless, and for purposes of clarity and transparency, we present in the table below the minor wording revisions that were made to the OPC PAA.

Wording of PAA in 2006-2007 RPP	Revised Wording of PAA in 2006-2007 DPR
Strategic Outcome: The privacy rights of Canadians are protected.	Strategic Outcome: The privacy rights of individuals are protected.
Program Activity 1: Assess and investigate compliance with privacy obligations	Program Activity 1: Compliance activities
Program Activity 2: Privacy issues: research and policy	Program Activity 2: Research and policy development
Program Activity 3: Privacy education – promotion and protection of privacy	Program Activity 3: Public outreach
Other Activities	Other Activities: Management excellence

Link to the Government of Canada outcome areas: given that the OPC is independent from government, we do not link, or report, information from this Office to the Government of Canada outcomes.

1.4   Raison d’Être

The mandate of the OPC is to protect and promote the privacy rights of individuals.

The OPC is responsible for overseeing compliance with both the Privacy Act, which covers the personal information-handling practices of federal government departments and agencies, and the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada’s private sector privacy law. 

The Privacy Commissioner of Canada, Jennifer Stoddart, is an Officer of Parliament who reports directly to the House of Commons and the Senate.

The Commissioner is an advocate for the privacy rights of Canadians and her powers include:

• Investigating complaints, conducting audits and pursuing court action under two federal laws;
• Publicly reporting on the personal information-handling practices of public and private sector organizations;
• Supporting, undertaking and publishing research into privacy issues; and
• Promoting public awareness and understanding of privacy issues.

The Commissioner works independently from any other part of the government to investigate complaints from individuals with respect to the federal public sector and the private sector. In public sector matters, individuals may complain to the Commissioner about any matter specified in Section 29 of the Privacy Act. This Act applies to personal information held by Government of Canada institutions.

For matters relating to personal information in the private sector, the Commissioner may investigate all complaints under Section 11 of PIPEDA except in the provinces that have adopted substantially similar privacy legislation, namely Québec, British Columbia, and Alberta. Ontario now falls into this category with respect to personal health information held by health information custodians under its health sector privacy law. However, even in those provinces with substantially similar legislation, and elsewhere in Canada, PIPEDA continues to apply to personal information collected, used or disclosed by all federal works, undertakings and businesses, including personal information about their employees. Also, PIPEDA applies to all personal data that flows across provincial or national borders, in the course of commercial transactions involving organizations subject to the Act or to substantially similar legislation.

We focus on resolving complaints through negotiation and persuasion, using mediation and conciliation if appropriate. However, if voluntary co-operation is not forthcoming, the Commissioner has the power to summon witnesses, administer oaths and compel the production of evidence. In cases that remain unresolved, particularly under PIPEDA, the Commissioner may take the matter to Federal Court and seek a court order to rectify the situation.

In brief, as a public advocate for the privacy rights of Canadians, the Commissioner carries out the following activities:

• Investigates complaints and issues reports with recommendations to federal government institutions and private sector organizations to remedy situations, as appropriate;
• Pursues legal action before Federal Courts where matters remain unresolved;
• Assesses compliance with obligations contained in the Privacy Act and PIPEDA through the conduct of independent audit and review activities, and publicly reports on findings;
• Advises on, and reviews, privacy impact assessments (PIAs) of new and existing government initiatives;
• Provides legal and policy analyses and expertise to help guide Parliament’s review of evolving legislation to ensure respect for individuals’ right to privacy;
• Responds to inquiries of Parliamentarians, individual Canadians and organizations seeking information and guidance and takes proactive steps to inform them of emerging privacy issues;
• Promotes public awareness and compliance, and fosters understanding of privacy rights and obligations through: proactive engagement with federal government institutions, industry associations, legal community, academia, professional associations, and other stakeholders; prepares and disseminates public education materials, positions on evolving legislation, regulations and policies, guidance documents and research findings for use by the general public, federal government institutions and private sector organizations;
• Provides legal opinions and litigates court cases to advance the interpretation and application of federal privacy laws;
• Monitors trends in privacy practices, identifies systemic privacy issues that need to be addressed by federal government institutions and private sector organizations and promotes integration of best practices; and
• Works with privacy stakeholders from other jurisdictions in Canada and on the international scene to address global privacy issues that result from ever-increasing transborder data flows.

1.5   Financial and Human Resources

The following two tables present the total financial and human resources that the OPC has managed in 2006-2007.

Financial Resources (in thousands of dollars)

Planned Spending	Total Authorities	Actual Spending
$16,298	$16,033	$15,716

Human Resources

Planned	Actual	Difference
125 FTEs	108 FTEs *	(17) FTEs

* Full-Time Equivalent

1.6   Factors Affecting OPC Performance in 2006-2007

External Factors

In 2006-2007, the OPC focused its attention on key questions of national importance.  We also addressed urgent issues as they arose in Parliament and in national dialogue. These issues included:

New technologies

The OPC hosted jointly with University of Ottawa’s Law and Technology Group the “Internet Privacy Symposium” in February 2007. Leading experts on Internet privacy issues met in Ottawa to discuss new threats to online privacy, emerging trends and ways to better protect personal information in the future.  The focus of the symposium was on research funded by the OPC through its Contributions Program. Topics discussed included: patient privacy and electronic health records; helping children understand Internet privacy issues; Internet privacy and the workplace; and, privacy issues and identity theft.

Under its Contributions Program, the OPC funded four research projects in 2006 that focused on new technologies.  These projects dealt with: digital rights management technologies and consumer privacy; technology choices and privacy policy in health care; vehicle technology and consumer privacy; and, the secondary uses of health information and electronic medical records.

In November 2006, the OPC released a summary of its findings in a case involving the workplace use of Global Positioning Systems (GPS), which can track the location of a vehicle in real time. The OPC concluded that employers needed to carefully consider the privacy rights of their workers and limit the specific purposes for installing GPS into their vehicle fleets.  Several workers complained that their employer, a telecommunications company, was using GPS to improperly collect their personal information, specifically their daily movements while on the job.

Finally, the Office published three information fact sheets on its web site dealing with new technologies and the challenges posed by these to privacy.  These documents addressed digital rights management and technical protection measures, the risks of metadata and the ways in which personal information may be hijacked online.

Interconnected information systems

The principal concern with interconnected (interoperable) information systems is that shared connections mean shared risks. The more interconnected systems become the less knowledge and control over the movement and use of personal information an individual system owner will have. To mitigate this risk, effective governance and control is required for the collective set of systems. This poses a major challenge for government and private sector organizations creating any such “systems of systems.” This is a particularly complex issue when systems connections and associated flows of information cross jurisdictional boundaries where different laws and standards may apply. The Office addressed this issue in some of its work.

During its review of certain privacy impact assessments for interconnected systems of the RCMP, the OPC raised concerns regarding the governance, control and accountability over the sharing of personal information for policing purposes at federal, provincial and municipal levels. As a result, a more comprehensive and overarching privacy impact assessment was undertaken by the RCMP for the National Integrated Inter-agency Information System (N-III).

While IT systems are not directly interconnected, personal information is shared by the Canada Border Services Agency (CBSA) with foreign jurisdictions. Effective control and accountability is required. As part of the audit of the CBSA, the OPC recommended that:

• The CBSA seek to update and strengthen its personal information sharing agreements with the United States, including the establishment of processes providing mutual assurance that shared personal information is accorded appropriate protections; 
• A formal service level agreement be implemented between the United States and Canada to include mutually agreed security standards so that each party takes steps to ensure shared personal information is complete, current and accurate; and
• The CBSA, in conjunction with the Treasury Board Secretariat, better inform Parliament and the public about the sharing of personal information with other countries.

Another prime example of interconnected systems is the ongoing initiative to develop and implement electronic health record (EHR) solutions on a pan-Canadian basis. The OPC has taken a keen interest in the development of interoperable EHR systems across Canada and has helped advance the debate on these issues by funding a number of important research projects and contributing to stakeholder discussions and consultations on critical privacy issues associated with this initiative.

Transborder data flows

As mentioned above, in June 2006, the OPC published its audit of the personal information management practices of the Canada Border Services Agency with regards to transborder data flows. The report contains 19 recommendations or groups of recommendations for improvements on how the CBSA handles the international exchange of personal information. While the audit found that the CBSA has systems and procedures in place for managing and sharing personal information with other countries, significant opportunities exist to better manage privacy risks and achieve greater accountability, transparency and control over the transborder flow of data.

Also in June, the Office announced it was examining whether Canadians’ financial records were being improperly accessed by foreign authorities. This followed news reports and a letter sent by Privacy International to data protection authorities around the world – including Canada – alleging that authorities are obtaining access to Canadians’ information through SWIFT (the Society for Worldwide Interbank Financial Telecommunication), a European-based financial cooperative.

In April 2006, the Privacy Commissioner issued a statement congratulating the Government of Canada for its Federal Strategy to Address Concerns About the USA Patriot Act and Transborder Data Flows, which was officially launched at that time by the Treasury Board of Canada Secretariat. The Office also actively participated in the development process of that strategy.

During the fiscal year, the Office continued its work with two international bodies, the Organization for Economic Co-operation and Development (OECD) and Asia Pacific Economic Cooperation (APEC), to enhance the protection of personal information as it flows around the globe and to encourage cross-border enforcement cooperation.

Finally, in the matter ofX. v. Accusearch Inc., dba ABIKA.com and Privacy Commissioner of Canada, the Federal Court of Canada rendered a decision clarifying our jurisdiction to investigate a complaint against an organization that operates outside of Canada to collect, use and disclose personal information about individuals in Canada for commercial profit. This decision confirmed the scope of our jurisdiction in matters involving cross-border flows of personal information. 

National security and law enforcement

In June 2006, the OPC presented to the Standing Senate Committee on Banking, Trade and Commerce a submission reviewing the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. The Committee had been asked to undertake a review of the Act as per the legislation’s five-year review provisions. A little later in the year, the Office appeared before the same Senate Committee on the same issue, this time to provide its views on Bill C-25, An Act to amend theProceeds of Crime (Money Laundering) and Terrorist Financing Act. In both instances, the Office took the position that Canada’s anti-money laundering and anti-terrorist financing regime is novel and precedent setting because of the degree to which it requires private sector entities to collect information on behalf of the state. The OPC asked the Committee to consider carefully whether the proposals to expand Canada’s anti-money laundering and anti-terrorist financing regime as set out in Bill C-25 are necessary and proportionate.

In December 2006, the OPC acquired new oversight responsibilities under Bill C-25. The OPC is now required to regularly review compliance with the Privacy Act by the Financial Transactions and Reports Analysis Centre (FINTRAC). The Act mandates the Privacy Commissioner to review and report to Parliament on FINTRAC’s activities every two years. Accordingly, the OPC has already planned to conduct an audit of FINTRAC in 2007-2008. Providing the Commissioner with mandated review of FINTRAC’s activities is an important step because – as a result of Bill C-25 – the number of organizations required to monitor and to collect information about their clients and customers will increase, the amount of personal information being collected will expand, and more transactions will be subject to scrutiny and reporting.

Legislative review: Keeping the privacy rights of Canadians up-to-date

The Personal Information and Electronic Documents Act

In July 2006, in preparation for the mandatory review of PIPEDA, the OPC issued a consultation paper which described several issues identified as warranting consideration during the review. The OPC invited input on the issues and possible amendments for consideration in the PIPEDA review. In response, the Office received 63 submissions that helped inform the OPC’s own thinking on the issues. Following this consultation, in November 2006 the Office tabled with the Standing Committee of the House of Commons on Access to Information, Privacy and Ethics (ETHI Committee) a background paper summarizing the views received and setting forth its preliminary views on how PIPEDA was functioning. This was followed up with an appearance before the Committee in February 2007, where the Commissioner presented a submission setting forth a more defined OPC position on the review of the Act. This submission noted that while the OPC believes PIPEDA is working reasonably well, deficiencies have come to light that were not anticipated when the Act was drafted several years ago.

The Privacy Act

In an October 2005 appearance by the Privacy Commissioner of Canada on the Annual Reports of her Office, the ETHI Committee extended an invitation to provide proposals for Privacy Act reform. In response, the Commissioner presented in June 2006 a discussion document on reforming the Act. It contained commentary on the factors driving the need for reform of the Privacy Act, as well as general proposals and recommendations for changes to the legislation. The Office also appeared before the Committee in June 2006 to present this discussion document, which contains many recommendations. The Privacy Act is a first generation privacy law that has not been substantially amended since its passage in 1982. The OPC believes that Canadians, elected and non-elected officials, as well as civil society groups representing broad-based societal interests should be engaged in a thoughtful, deliberate and informed discussion on reforming the Privacy Act.

Internal Factors

Fiscal year 2006-2007 was Year 1 of the implementation plan for the OPC’s three-year business case (presented in 2005-2006 to the House of Commons Advisory Panel on the Funding  and Oversight of Officers of Parliament). The OPC focused on organizational design, staffing and classification requirements during that first year as a result of newly approved resources for an almost 40 percent increase in personnel strength. However, the Office did not meet all of the objectives of the business case due to recruitment challenges, and as a result have not yet staffed all new positions.

The OPC regained its full staffing delegation authority in May 2006, which facilitated staffing efforts and demonstrated the continued improvements in our human resources management practices.

The OPC faced some accommodation challenges given the growth of the organization in 2006-2007. In order to address this challenge, the OPC worked closely with Public Works and Government Services Canada to acquire an additional 550 m2 of space at its current location on Kent Street in Ottawa. This provided some relief but did not address long-term needs as the OPC will continue to grow over the next few years. The OPC has completed some initial work in preparing a business case for approval of a long-term accommodation plan. Work on this plan will continue in the next fiscal year in order to address ongoing needs on the accommodation front.

1.7   Performance Status of OPC Priorities

The OPC had identified six priorities for 2006-2007. The following table summarizes the priorities and expected results, provides high-level information on our actual performance, and includes a self-assessment of performance status using Treasury Board Secretariat’s ratings: successfully met, not met, or exceeded expectations.

More detailed information on actual performance is provided in Section II – Analysis by Program Activity.

Strategic Outcome: The privacy rights of individuals are protected.
Priorities for 2006-2007 and Expected Results	Type	Actual performance	Performance Status
1. Improve and expand service delivery:	Ongoing
Reduced backlogs of complaints and PIA reviews		The OPC improved its service delivery with increased efforts to reduce the backlog of complaints through the streamlining of processes, which resulted in  a significant reduction of backlogs by 60% for PIPEDA complaints and 42% for Privacy Act complaints by the end of March 2007.	Partially Met
		The PIA backlog did not diminish but has remained essentially unchanged over the fiscal year due to the loss of a key PIA review officer and delays in staffing the vacancy.	Not met
Increased Commissioner-initiated complaints and audits		While the number of Commissioner-initiated complaints has increased by only one (from five to six) in 2006-2007, this worthwhile initiative allowed the Commissioner to exercise her powers to instigate in-depth reviews of federal government institutions and private sector organizations to assess whether they were in compliance with the requirements of the two Acts.	Successfully met
		Six new audits were initiated pursuant to the Privacy Act. Two audits in the private sector were initiated under PIPEDA. This represents an increase in audit activity compared with previous years.	Successfully met
Engagement activities launched for key audiences, such as Parliament, business, federal government, the general public, academics and the legal community		With the increased funding obtained through its 2005-2006 business case, the OPC has undertaken more extensive public awareness initiatives, namely by: Commissioning its annual public opinion survey in March 2007 to revisit Canadians’ views on some of the emerging privacy issues; Preparing daily press clipping packages and media analysis on key issues to support management decision-making; Responding to some 450 requests from the media for information and interviews on key privacy issues; Conducting research, generating public debates and working at raising awareness of a number of important national privacy issues with all stakeholder groups, and continuing to hold bi-monthly privacy lecture series; Continuing to liaise with provincial and territorial counterparts; and Developing a number of fact sheets, including a ‘Questions and Answers’ document on applications for court hearings.	Successfully met
2. Respond to Parliament	Ongoing
Key privacy issues identified and positions articulated		The OPC made 11 appearances before Parliamentary committees on a variety of bills and issues. The Parliamentary liaison function was further reinforced; and the policy development and advice function reorganized to provide more focused advice to Parliament.	Successfully met
Dialogue with provinces on issues of common interest		OPC continued to work collaboratively with provincial privacy commissioners throughout the year (i.e., clarification of respective responsibilities, information sharing, learning events).	Successfully met
3. Participate in PIPEDA review and Privacy Act reform	Ongoing
PIPEDA review and Privacy Act reform framework documents available		The Office published the two following documents: PIPEDA review discussion document titled “Protecting Privacy in an Intrusive World” (July 18, 2006) Privacy Act discussion document titled “Government Accountability for Personal Information: Reforming the Privacy Act” (June 5, 2006)	Successfully met
OPC strategy developed for PIPEDA review and Privacy Act reform, and implementation under way		OPC senior officials appeared before the Commons Standing Committee on Access to Information, Privacy and Ethics on the subject of the PIPEDA review on November 27, 2006. As well, the OPC strategy for PIPEDA review and Privacy Act reform was developed and implementation is under way. Finally, an OPC internal Privacy Act working group was created and its work has commenced, and activities of the OPC internal PIPEDA working group is ongoing.	Successfully met
4. Plan and prepare for the 2007 International Data Protection and Privacy Commissioners Conference	New
Plan for 2007 conference on track		Conference preparations are on track: Draft program developed Potential speakers and panellists approached External and internal resources retained to participate in conference preparation Venue confirmed	Successfully met
5. Build organizational capacity: hire and integrate new staff, engage and train existing staff	New
Allocated resources fully utilized		Seventy-nine percent (79%) of the positions required to deliver on the first year implementation of the OPC business case were created or reviewed in 2006-2007, with the remaining 21% of the positions to be addressed in 2007-2008. Scarcity of specialized personnel compounded with a lengthy staffing process affected OPC’s ability to staff all of its allocated FTE resources.	Not met
New staff fully integrated		Newly hired staff were fully integrated within their respective branches (i.e., orientation program, mentoring, hands-on training). Internal communications activities were also a focus of the OPC in 2006-2007, with the completion of an Intranet project aimed at improving content and design of the site to offer more support and information to employees for doing their work.	Successfully met
Trained management and staff, sub-delegated managers		All sub-delegated managers and the majority of the non-delegated managers received the required training.	Successfully met
6. Develop results-based systems and baselines	New
Draft performance management framework and baseline measures in place		OPC developed and finalized a comprehensive OPC Results and Performance Measurement Framework, which Senior Management Committee approved in December 2006, along with a three-year implementation schedule starting in 2007-2008. The OPC has certain baseline measures in place already and others will be developed as part of the first year time implementation of the performance indicators.	Successfully met
Records information easily and quickly retrievable		Enhancements were made to the document repository (RDIMS) and business rules for effective information management were developed to help reduce information silos and ensure that information is easily accessible and retrievable. These enhancements are currently being tested in a pilot and will be rolled out to all OPC employees starting in June 2007.	Successfully met

Section II: Analysis by Program Activity

2.1   OPC Performance in 2006-2007

The OPC has a single strategic outcome supported by a program activity architecture (PAA) composed of three operational activities aimed at protecting the privacy rights of individuals, plus a management activity to support the three operational activities.

Strategic Outcome	Protection of the privacy rights of individuals
Program Activities	1. Compliance activities	2. Research and policy development	3. Public outreach
	Management Excellence

This section presents the OPC performance by program activity and makes the link between each activity and the six priorities for 2006-2007.

Program Activity 1:  Compliance Activities

Activity Description

The OPC is responsible for investigating complaints initiated by individuals or by the Commissioner herself. The OPC responds to inquiries received from individuals and organizations who contact the OPC for advice and assistance on a wide range of privacy-related issues. The OPC also assesses through audits and reviews how well organizations are complying with requirements set out in the two federal laws and provides recommendations on PIAs pursuant to the Treasury Board Secretariat policy. This activity is supported by a legal team that provides specialized legal advice and litigation support, and a research team with senior technical and risk assessment support.

Financial Resources (in thousands of dollars)

Planned Spending	Total Authorities	Actual Spending
$10,154	$9,678	$9,373

Human Resources

Planned	Actual	Difference
88 FTEs	82 FTEs	(6) FTEs

The planned level of resources for 2006-2007 is based on the phasing in of new resource levels obtained for the three-year period of 2005-2006 to 2007-2008, and includes the one-time costs of equipping new offices for employees and additional resources for those years to eliminate the backlogs in investigations and inquiries and PIAs.

Expected Results for 2006-2007

• Improved service levels – timeliness, responsiveness, initiative
• Reduced backlogs of complaints and PIA reviews
• Increased Commissioner-initiated complaints and audits

Priorities for this Program Activity

The operations under this activity contributed to the achievement of the following priority described in Section I.

Priority	Type
Improve and expand service delivery	Ongoing

Performance in 2006-2007

The OPC has improved its service delivery to individuals, federal government institutions and private sector organizations through various means as described below: 

Improved service levels

Processing of complaints

Under PIPEDA, the OPC received 385 complaints and closed 386 complaints; an additional 651 complaints were in process (i.e., carried forward from the previous year). The Office also completed 33 incident investigations under PIPEDA. Compared with last year, the OPC was able to improve the percentage of files closed in relation to files in progress from 54 percent to 59 percent.

Under the Privacy Act, the OPC received 843 complaints and closed 957 complaints; an additional 1,106 complaints were in process. The Office also completed 43 incident files under the Privacy Act and received notice of 90 public interest disclosures under the Privacy Act. Compared with last year, the percentage of files closed in relation to files in progress improved from 84 percent to 86 percent.

The average treatment time for a PIPEDA complaint (calculated from the moment the complaint is received to the mailing of the letter of finding) was 17 months in 2006-2007. This represents an increase of five months over last fiscal year, attributable to the increased complexity of some investigations, a new internal process requiring preliminary letters of findings to be sent, and a loss of experienced personnel.

The average treatment time for a Privacy Act complaint (calculated from the moment the complaint is received to the mailing of the letter of finding) was 13.4 months in 2006-2007. This represents an increase of 2.9 months over the last fiscal year, attributable to the loss of experienced personnel and the  backlog which means files are getting older before being assigned. In addition, some investigator time is being expended to assist with management of backlog files, including sending acknowledgement and notification letters and then speaking with complainants about the status of those files.  With the Privacy Actin particular, many complaint files now involve voluminous records, which take considerably more time to review and investigate.  The office is also receiving a number of complaints in multi-media formats, such as CDs, video and audio tapes.  Again, these are more difficult to review and quite time consuming. 

There have been some staffing delays in replacing investigators.  Indeed, there are a limited number of individuals with the privacy and investigation experience being sought.  Moreover, an investigator new to the Office undergoes extensive training and learning and is therefore not operating at the productivity level of a fully trained, experienced investigator during the first year with the Office. 

Monitoring organizations in the implementation of recommendations

This year, the Office continued to formalize its monitoring of organizations in the implementation of recommendations made during the PIPEDA complaint investigations. This was accomplished by issuing 26 preliminary reports that asked for changes such as amendments to existing policies and procedures and the development and promulgation of new ones. At the end of the fiscal year, we received compliance in all cases. This new process has been very effective in encouraging the private sector to find innovative solutions to bridge the privacy gaps uncovered during investigations. It has also strengthened commitments made by organizations to comply with PIPEDA.

Under the Privacy Act, amendments to existing policies and procedures of the government are often negotiated or agreed to during the investigation process and before letters of finding are issued. Those agreements and recommendations are reflected in the letters of finding.

Alternate dispute resolution

The OPC emphasizes the use of alternate dispute resolution (ADR) approaches – such as the settlement of complaints in the course of investigation and early resolution – to complete investigations. The parties involved were provided with a faster resolution to the complaint, the lengthy investigative process was reduced, and some resources were saved. The OPC managed to settle 109 complaints under PIPEDA, from a total of 386 closed complaints, representing 28 percent of our total number of completed cases. ‘Settled in the course of investigation’ indicated that both the complainant and the respondent organization were satisfied with the actions taken by the Office. As well, OPC used an early resolution process to close 15 PIPEDA cases from a total of 386 closed complaints, representing four percent of closed files. Early resolution is a means used to address complainant’s privacy concerns prior to notifying the respondent organization.

Under the Privacy Act, 61 complaints were settled from a total of 957 closed complaints, representing six percent of the total number of completed cases. Another 38 Privacy Act cases were closed under early resolution from a total of 957 closed complaints, representing four percent of the total number of completed cases.

Inquiries

The OPC received over 10,000 inquiries from the general public relating to the Acts; specifically 6,619 inquiries concerning PIPEDA and 3,829 inquiries concerning the Privacy Act. The OPC responded to 6,436 PIPEDA-related inquiries, 3,400 Privacy Act-related inquiries, and another 3,557 general inquiries during the year.

Litigation

PIPEDA Litigation During the Relevant Reporting Period of 2006-2007

The Privacy Commissioner initiates court action whenever an organization refuses to adopt the Office’s recommendations in well–founded cases under PIPEDA. This policy, consistently applied since 2005, has helped to establish a high level of compliance. Investigation recommendations made by the Commissioner in 2006-2007 had been adopted by year-end. The small percentage of well-founded cases in 2006-2007 that were not resolved prior to the Commissioner issuing her final report were ultimately resolved through negotiated settlements between litigation counsel. In four (4) cases, the matter was resolved within the 45-day period following the Commissioner’s report and prior to her application to Federal Court seeking a compliance order. In another four (4), the matter was resolved or was in the course of being resolved shortly after the Commissioner had proceeded to file an application with the Federal Court. By year end, all recommendations made by the Commissioner in 2006-2007 had been adopted, or were in the process of being adopted to the satisfaction of the Commissioner, resulting in no need to pursue Commissioner-initiated court action.

Several complainant-initiated actions and judicial review applications continued in Federal Courts. Three (3) judicial review applications were initiated by individuals or organizations against the Commissioner to ask the Court to examine the scope of the Privacy Commissioner’s jurisdiction under PIPEDA. Six (6) complainant-initiated court applications continued under PIPEDA in which the OPC was involved as an added party. Of these nine (9) active litigation cases, two (2) were settled or discontinued in the course of litigation; two (2) are proceeding to the hearing stage; and five (5) culminated in important Federal Court decisions clarifying key legal concepts that will not doubt assist organizations in the interpretation and application of the Act in the future. Leave to further appeal one of these decisions to the Supreme Court of Canada was obtained on March 29, 2007.

Privacy Act Litigation During the Relevant Reporting Period 2006-2007

There was little activity in the courts on the public sector side in 2006-2007. One judicial review application was brought against the OPC and was settled and discontinued shortly after. The OPC sought and obtained intervener status in another matter proceeding under the Access to Information Act, but which involves interpreting “personal information” with the same definition as that contained in the Privacy Act and, therefore, is critical to our mandate.

Reduced backlog of complaints and PIA reviews

Complaints

Investigator caseloads have been established at 60 complaints for an experienced investigator at any one time, to optimize case management and expedite investigations and to minimize the risk of investigator burnout. Those files held in abeyance and awaiting an available investigator before assignment are defined as "backlog" complaints. 

At the end of the reporting period, there were 104 PIPEDA complaint files in abeyance, pending assignment to an investigator (down from 264 the previous year). There were 372 Privacy Act files in abeyance, pending assignment to an investigator (down from 644 the previous year).  This represented a significant reduction in the backlog – 60 percent for PIPEDA complaints and 42 percent for Privacy Act complaints.  The Office was able to achieve this in large part through:

• An increase in its complement of investigators, although the full complement is not yet achieved;
• Improvements to existing investigative practices and procedures, including the fast-tracking of those complaints which could be handled quickly;
• The development of a centralized administrative unit to provide staff with consistent and effective support; and
• Group training to enhance investigative skills.

The OPC foresees eliminating the backlog within 18 months, assuming the anticipated staffing levels are met.

PIA reviews

With regard to Privacy Impact Assessments (PIAs), at the beginning of the fiscal year (April 2006) there were 49 PIAs to be reviewed by the OPC. During the fiscal year, a total of 23 PIAs were received from departments and agencies for review, and 22 PIA reviews were completed. Therefore, there were 50 PIAs pending review as of March 31, 2007.

The PIA backlog was not reduced in terms of total number; it remained essentially unchanged. However, complex large PIA reviews were completed during the year on a priority basis. Moreover, in addition to reviewing PIA submissions, several consultation meetings were held with various departments and agencies seeking the Office’s advice on how to conduct PIAs and ways in which to identify and manage privacy risks. OPC PIA reviews and face-to-face consultations resulted in many recommendations further mitigating privacy risks associated with the introduction of new or significantly changed systems of the federal government.

The OPC continued to follow-up on prior PIA review reports – with 20 responses received from federal institutions – indicating positive responses and actions by departmental and agencies to the Office’s reviews.

While the plan was to reduce the PIA review backlog, continuing resource constraints hampered OPC capacity to do so. At the beginning of the fiscal year, the Office had two PIA review officers. While there were plans to hire two more, the staffing process took more time than expected. Meanwhile, the senior PIA review officer left the OPC early in the fiscal year, leaving one PIA review officer.

Contingency actions were taken. We hired one casual employee for a period of four months to do PIA reviews and contracted the professional services of others. As a result of this and work of March 31, 2007, there were 13 PIAs in the process of review.    

Once the Audit and Review Branch is fully staffed to a planned level of 19 (compared to a staff complement of seven as of March 2007), PIA review backlogs should be significantly reduced and more audits completed. Staffing action for the branch as a whole was in progress and fully engaged by March 2007. It should be noted that requisite audit and PIA skills are in high demand and scarce.

Increased Commissioner-initiated complaints and audits

Complaints

The number of Commissioner-initiated complaints increased to six in 2006-2007, up from five last year.

Commissioner-initiated complaints complement the Office’s existing procedure whereby the OPC open incident files that serve as a form of breach notification from federal government institutions and private sector organizations. In 2006-2007, the OPC experienced an overall increase of nine percent in the number of incident files investigated and closed compared to the previous year.

Audits

Considerable progress has been made over the past two years in developing and undertaking privacy audits. Not only are there more audits being done compared to the past, they are more comprehensive in nature. 

Four audits that were in process at the end of the previous fiscal year (March 2006) were completed during fiscal year 2006-2007.  

For 2006-2007, the OPC originally planned to start seven audit projects under the Privacy Act. One more was added during the year making a total of eight new projects. Of the eight, two were completed in the fiscal year, two were substantially completed by March 2007 (reports pending), two were in process as of March 31, and two deferred to future years.

In addition, the Office also initiated two audits in the private sector pursuant to PIPEDA. These were substantially completed and reports pending as of March 31, 2007.

When the year began, the OPC hoped to have fully completed five new audits under the Privacy Act during the fiscal year. However, as the result of staffing delay as well as loss of audit staff due to extended illness and departure, the Office was unable to complete two of the original five with the fiscal year as first planned. The problem was mitigated to some extent by hiring professional auditors under contract. 

Program Activity 2:  Research and Policy Development

Activity Description

The OPC serves as a centre of expertise on emerging privacy issues in Canada and abroad by researching trends and technological developments, monitoring legislative and regulatory initiatives, providing legal, policy and technical analyses on key issues, and developing policy positions that advance the protection of privacy rights. An important part of the work done involves supporting the Commissioner and senior officials in providing advice to Parliament on potential privacy implications of proposed legislation, government programs and private sector initiatives. Given the importance of information technology impacts, an important component of this work is analysis of IT initiatives embedded in projects.

Financial Resources (in thousands of dollars)

Planned Spending	Total Authorities	Actual Spending
$3,393	$3,701	$2,976

Human Resources

Planned	Actual	Difference
19 FTEs	14 FTEs	(5) FTEs

Expected Results for 2006-2007

• Positive engagement with Parliament
• Dialogue with provinces and territories on issues of common interest
• PIPEDA review and Privacy Act reform framework documents available
• OPC strategy developed for PIPEDA review and Privacy Act reform, and implementation under way
• Plan for 2007 International Data Protection and Privacy Commissioners Conference on track

Priorities for this Program Activity

The operations under this activity contributed to the achievement of the following priorities described in Section I.

Priorities	Type
Respond to Parliament	Ongoing
Participate in PIPEDA review and Privacy Act reform	Ongoing
Plan and prepare for the 2007 International Data Protection and Privacy Commissioners Conference	New

Performance in 2006-2007

Positive engagement with Parliament

The OPC appeared 11 times before House of Commons and Senate Parliamentary Committees on various issues such as:

• C-2: The Federal Accountability Act  
• C-25: An Act to amend theProceeds of Crime (Money Laundering) and Terrorist Financing Act and the Income Tax Act 
• C-31: The Elections Act

The OPC was invited twice to appear before the Standing Committee on Access to Information, Privacy and Ethics regarding the five-year statutory review of PIPEDA. On both occasions, the OPC tabled submissions on the application of PIPEDA and proposed amendments to it. In June 2006, OPC tabled its Privacy Act Reform Proposal, once again calling for a comprehensive review of the Privacy Act.

OPC continues to support Parliamentarians on privacy-related matters.

Involvement in dialogue with provinces and territories on issues of common interest

The OPC continued to work collaboratively with provincial privacy commissioners on different initiatives. As an example, in March 2007, Canada's federal, provincial and territorial commissioners joined together in their respective roles during the Fraud Prevention Month to call for renewed efforts in the fight against fraud, such as identity theft.  

In addition, the Office participated in two federal/provincial/territorial meetings, one in Nunavut in June 2006 and another in Banff in January 2007. The OPC also organized the Winnipeg Conference of Investigators in March 2007.  Those meetings, as well as other working level meetings, provide good forums to discuss experiences and approaches to continue to further harmonize privacy protection.

We are also developing a pilot project plan to enhance our presence in the different regions of the country - starting in Atlantic Canada. The idea is that OPC representatives will be based in the region to work more closely with the privacy protection ombudsmen in Atlantic Canada and to launch more locally targeted public education and outreach efforts, particularly with small businesses.

Status of PIPEDA review and Privacy Act reform processes

The Personal Information and Electronic Documents Act

In July 2006, the OPC issued a consultation paper which described several issues that we had identified as warranting consideration during the review. In November 2006, the Office tabled with the Standing Committee of the House of Commons on Access to Information, Privacy and Ethics a background paper summarizing the views received as part of this consultation, and setting forth the OPC’s preliminary views on how PIPEDA was functioning.  The OPC followed this up with an appearance before the Committee in February 2007.  See section 1.6 above (“External Factors”) for further details.

The Privacy Act

The Privacy Commissioner presented to Parliament in June 2006 a discussion document on reforming the Act.  The Office also appeared before the Committee in June 2006 to present this discussion document, which contains many recommendations.  See section 1.6 above (“External Factors”) for further details.

Plan for the 2007 International Data protection and Privacy Commissioners Conference

In September 2007, the OPC will be hosting the 29th International Conference of Data Protection and Privacy Commissioners in Montreal. By bringing together some of the world's foremost data protection experts to boldly chart the challenges ahead, the conference will explore ways of protecting and enhancing the privacy rights of all people.

Key milestones achieved by the OPC in the preparation of this conference include:

• Development of a draft program and the identification of key discussion themes
• Posting of preliminary program on the conference web site
• Identification of potential speakers and panellists
• Establishment of initial contacts/invitations with potential speakers and panellists
• Confirmation of conference venues in Montreal
• Hiring of additional external and internal resources to assist in conference planning and organization
• Promotion of the conference at national and international privacy events

As a lead up tothe conference, OPC colleagues from provincial jurisdictions are hosting three pre-conferences which will enhance the program. The Ontario Information and Privacy Commissioner will host a conference exploring personal health information. The Information and Privacy Commissioners of British Columbia and Alberta will host a conference on the privacy framework adopted by APEC Ministers.  Meanwhile, Quebec’s President of la Commission d’accès à l’information will host a conference on data protection in the context of la Francophonie. The OPC is working in close collaboration with these provincial counterparts to ensure that their pre-conferences are a success.

Major research and policy documents produced

Contributions Program

The Office evaluates funding proposals under the Contributions Program on the basis of both merit and alignment with OPC research and policy development priorities. A total of $388,319 was awarded to 11 organizations in 2006-2007 for research into emerging privacy issues, including research in the following matters:

• The establishment of professional certifications standards for privacy and information access professionals
• The use of digital rights management technology in Canada and its privacy implications
• The various aspects of identity policy in Canada
• The effectiveness of privacy policies aimed at children
• The challenges of de-identifying personal health information
• The relationship between technology and policy choices in health care
• The privacy implications of the use of various surveillance technologies in vehicles
• The secondary uses of health information and electronic medical records
• The implications to Canadians of the trade in personal information and the effectiveness of Canadian laws in adequately protecting consumers
• The use and handling of DNA collected during the course of criminal investigations

As well, one organization was awarded funding for the dissemination of research results on workplace privacy.

In addition to funding research under the Contributions Program, the OPC undertook in 2006-2007 two initiatives with a view to communicating knowledge gained through the program. In February 2007, the Office organized, in cooperation with the Law and Technology Group of the University of Ottawa, an Internet program – Privacy Symposium. This one-day event, held on the University of Ottawa campus, brought together program-funded researchers who have done work on Internet privacy issues. This event was a success, with over 100 participants attending from across Canada and abroad. In anticipation of the upcoming 2007 International Data Protection and Privacy Commissioners Conference in Montreal,  the OPC has undertaken to summarize all of the research reports prepared under the program since its inception – some 25 summaries in total. In addition to being distributed at the conference, these summaries will be posted on the OPC web site.

Other research-related activities

In addition to papers produced under the Contributions Program, the OPC published a number of fact sheets on its web site, including three dealing with new technologies and the challenges they posed to privacy. (Refer to the Public Outreach section below for complete list of fact sheets.) The Office provided Parliamentary committees with written submissions and other background material relating to issues on which it had been called on to testify, notably position papers on the PIPEDA review and Privacy Act renewal. The OPC presented a background paper on privacy standards as part of our contribution to a privacy standards workshop held in Ottawa in February 2007. The event brought together stakeholders from across Canada. Finally, the OPC undertook work on a guidance document pertaining to the use of radio-frequency identification (RFID) technology and video surveillance in the private sector, and started work on an ID management conceptual framework. Release of these documents is planned for fiscal year 2007-2008.

Program Activity 3:  Public Outreach

Activity Description

The OPC plans and implements a number of public education and communications activities, including speaking engagements and special events, media relations, and the production and dissemination of promotional and educational material.

 

Financial Resources (in thousands of dollars)

Planned Spending	Total Authorities	Actual Spending
$2,751	$2,654	$3,367

Human Resources

Planned	Actual	Difference
18 FTEs	10 FTEs	(8) FTEs

Expected Results for 2006-2007

1. Key privacy issues identified and positions articulated
2. Engagement activities launched for key audiences, such as Parliament, business, federal government, the general public, academics and the legal community

Priorities for this Program Activity

The operations under this activity contributed to the achievement of the following priorities described in Section I.

Priorities	Type
Improve and expand service delivery	Ongoing
Respond to Parliament	Ongoing

Performance in 2006-2007

Key privacy issues identified and positions articulated

As already mentioned in this Report, the OPC appeared 11 times before House of Commons and Senate Parliamentary Committees on various privacy issues (Bill C-2, C-25 Act, and Bill C-31) and was invited three times to the Standing Committee on Access to Information, Privacy and Ethics regarding the five-year statutory review of PIPEDA and the Privacy Act reform.

Engagement activities

The increased funding from the business case has permitted the OPC to undertake more extensive public awareness initiatives, carrying out the comprehensive proactive communications and outreach strategy first developed in 2004-2005.

« Canadians continue to place greater importance on having strong privacy laws, and this year’s study points to the highest levels of importance observed since March ‘05.” EKOS Research (March 2007)

The OPC commissioned its annual public opinion survey in March 2007 to revisit Canadians’ views on some of the emerging privacy issues with a focus on transborder flow of personal information, technology and privacy issues and general perceptions and awareness of privacy rights. The survey was instrumental in generating useful knowledge of, and insights into, the public's views of key privacy issues and will be analyzed to identify public education activities, policies and guidelines. A report on the study will be made available on the OPC web site.

In addition to initiating public opinion research, the OPC prepares daily press clipping packages and media analysis on key issues to support management in its decision-making. In this fiscal year, the Office responded to approximately 450 requests from the media for information and interviews on key privacy issues.

In an effort to both respond to and engage Parliamentarians, the OPC appeared 11 times at standing committees (both Senate and House), including eight submissions to Parliament, responded to various requests for information/clarification on privacy issues from MPs, and participated in a briefing session on the Office for Parliamentarians and their staff.

The OPC conducted research, generated public debates and worked at raising awareness of a number of important national privacy issues with all stakeholder groups, namely the public, respondents and complainants, federal departments and agencies, the legal community, academics and so on. As well, the OPC continued to hold its bi-monthly privacy lecture series, offering insights on privacy issues and future trends to audiences that include government representatives, academics, members of the private and non-profit sectors and OPC staff.

As part of its efforts to work collaboratively with other key privacy stakeholders, the OPC continued to liaise with provincial privacy commissioners to clarify responsibilities as they relate to the protection of privacy. The Office also kept provincial and territorial counterparts informed of its key activities and the release of privacy-related papers or submissions.

List of Fact Sheets developed in 2006-2007: Identity Theft - A Primer Recognizing Threats to Personal Data: Four Ways That Personal Information Gets Hijacked Online Privacy Impact Assessments Digital Rights Management and Technical Protection Measures Applications for Court Hearings under PIPEDA Risks of Metadata Privacy Act: Not an excuse to promote secrecy

In the spirit of providing top-notch information on the OPC web site, every effort is made to ensure that new and useful information is posted on an ongoing basis and in a timely manner. For example, the Office created an e-learning module for retailers. Members of the Canadian Federation of Independent Business and the Retail Council of Canada have been very supportive of this public education initiative and will collaborate with the OPC in the next fiscal year on focus-testing the online e-module. Overall, the most popular sections of the web site are related to privacy legislation, fact sheets and the business guide – the OPC site surpassed 1.3 million visitors for a second consecutive year. Focus group testing of the web site with key audiences has been initiated to further enhance it to ensure that the site is a leading resource for privacy issues. Findings will be analyzed and implemented in a web site project, which will be initiated in the next fiscal year.

Speaking engagement opportunities have helped the Office raise awareness of privacy issues among diverse audiences and settings, including professional and industry associations, non-profit and advocacy groups and universities. In 2006-2007, the Office received 114 requests for speaking engagements, and OPC officials delivered 86 speeches and presentations at events and conferences. These included addresses to the Retail Council of Canada in Toronto, the Barreau du Québec, and an access and privacy conference organized by the University of Alberta.

It is important to note that the OPC continued with its publications program. For this year, the OPC distributed more than 4,050 copies of its publications – ranging from privacy legislation to the PIPEDA guide for businesses and annual reports – to stakeholders, the general public, and legal communities. In addition, we worked on a campaign in partnership with the Retail Council of Canada to provide 5,000 of their members with a guide for businesses on how PIPEDA applies to them. This demonstrates the Office’s commitment to be more proactive in its public education activities, and to expand service delivery.

Furthermore, we developed a number of public education materials. For example, we updated and reproduced the business guide to help clarify obligations under PIPEDA, developed guidelines for identification and authentication that respect the fair information practices in PIPEDA and ensure compliance with its security provisions and produced numerous facts sheets on personal data, made available to the public. In addition, the Office posted a Questions and Answers document for individual Canadians explaining how they could go about filing a Federal Court application under PIPEDA. The document is an effort to demystify the process so people may have meaningful access to the court process and legitimately exercise their legal rights.

Other Activities: Management Excellence

Activity Description

The OPC continues to enhance and improve its management practices in order to meet the highest standards of performance and accountability. The resources associated with Corporate Services have been apportioned to the three first Program Activities, which they support. All managers are expected to take responsibility for the expected results, and to integrate the necessary activities in their operational plans.

Expected Results for 2006-2007

• Allocated resources fully utilized
• New staff fully integrated
• Trained management and staff, sub-delegated managers
• Records information easily and quickly retrievable
• MITS compliance achieved
• Business continuity plan in place
• Regional offices planning completed
• Draft performance management framework and baseline measures in place

Priorities for this Program Activity

The operations under this activity contributed to the achievement of the following priorities described in Section I.

Priorities	Type
Improve and expand service delivery	Ongoing
Build organizational capacity: hire and integrate new staff, engage and train existing staff	New
Develop results-based systems and baselines	New

Performance in 2006-2007

Additional management achievements are also presented in Section 3.2 of this Departmental Performance Report.

The OPC conducted a review of its organizational structure during 2006-2007 as part of the implementation of the business case. Thirty-seven of the 47 organizational positions required to deliver on the business case (or 79 percent) were either created or reviewed in 2006-2007, complete with associated staffing actions, and the remaining 10 positions (or 21 percent) will be addressed in 2007-2008. Like other organizations, the OPC has faced challenges in the recruitment of personnel, which has impacted on its obligations to fully staff the additional resources allocated as part of the business case.

New staff were fully integrated in their respective branches. For example, new investigators and inquiry officers received a complete orientation program including mentoring, hands-on training, and group courses on interviewing and telephone techniques; as well, a nation-wide investigator’s conference allowed staff to foster partnerships and share experiences with provincial counterparts.

All sub-delegated managers and the majority of the non-delegated managers attended in-class training offered by the Canada School of Public Service as well as information sessions with employees and at the Senior Management Committee, accessed web information and newsletters, and received one-on-one mentoring from OPC staffing experts.

Enhancements were made to the document repository (RDIMS) and business rules for effective information management have been developed to help reduce information silos and ensure that information is easily accessible and retrievable. These enhancements are currently being tested in a pilot and will be rolled out to all OPC employees starting in June 2007.

The OPC has an action plan for implementing the Management of Information Technology Standards (MITS) and the December 2006 deadline for initial compliance has been met. An annual exercise will thereafter be conducted to sustain MITS compliance. Interim reports on MITS compliance have been positive to date.

A Business Continuity Plan for the OPC has been under development in 2006-2007 and work to finalize it will continue in 2007-2008.

Consultations were conducted in the Atlantic Provinces with Ombudsmen's Offices and the governments of Nova Scotia and New Brunswick as well as with regional academics to determine the needs of the region. Discussions took place on the possibility of sharing offices and other resources with the local Ombudsmen.

The OPC approved its comprehensive Results and Performance Measurement Framework in December 2006, along with a three-year implementation schedule starting in 2007-2008. (Refer to the OPC 2007-2008 Report on Plans and Priorities for more details.) In order to prepare for first year implementation of the framework in 2007-2008, the required measurement instruments were developed during the last quarter of 2006-2007. This will prepare the OPC for reporting against a first series of performance indicators from its new framework in the next Departmental Performance Report. The OPC has certain baseline measures in place already, for example the proportion of audit recommendations that are accepted and implemented, the proportion of cases referred to litigation versus settled to the satisfaction of both parties, reach of OPC materials to various audiences, etc. Some other indicators for which there are no baseline measures at present will be supported by performance information as the framework is implemented using an incremental approach over three or more years.

Section III: Supplementary Information

3.1   Organizational Information

The Privacy Commissioner of Canada is an Officer of Parliament who reports directly to the House of Commons and the Senate. In addition to the Privacy Commissioner, the Office has two Assistant Privacy Commissioners, one responsible for the Privacy Act, the other for the PIPEDA. Since 2004, the Office has had an External Advisory Committee comprised of privacy experts and public sector scholars and practitioners. The Committee meets twice a year and offers expert advice relating to matters of interest to the OPC.

The organization of the OPC, composed of five operational branches supported by two corporate management functions, is as follows:

 

The Investigations and Inquiries Branch is responsible for investigating complaints received from individuals and incidents of mismanagement of personal information. The branch’s Inquiries Division responds to thousands of inquiries annually from the general public and organizations.

The Audit and Review Branch audits organizations to assess their compliance with the requirements set out in the two federal privacy laws. The branch also analyses and provides recommendations on privacy impact assessment reports (PIAs) submitted to the OPC pursuant to the Treasury Board Secretariat Policy on PIAs.

The Research and Analysis Branch is responsible for researching privacy and technology issues to support policy development, investigation and audit, and the public education program. The branch administers the research program, which was launched in 2004 to support research into, and the promotion of, the protection of personal information. The branch supports outreach activities and stakeholder engagement activities.

The Public Education and Communications Branch focuses on providing strategic advice and support for communications and public education activities for the OPC. In addition, the branch plans and implements public education and communications activities, including analyzing public perceptions of privacy issues through media monitoring, public opinion polling, media relations, publications, and the OPC web site.

The Legal Services and Policy Branch provides strategic legal and policy expertise to the OPC on emerging privacy issues in Canada and internationally. It represents the OPC in litigation before the courts and provides advice to the Commissioners on the interpretation and application of the Privacy Act and PIPEDA. The branch provides expert legal support to the operational branches of OPC, including Inquiries & Investigations and Audit & Review, as well as general legal counsel on a variety of corporate matters. It is responsible for monitoring legislative and government program initiatives, analyzing them and advising the Commissioners on appropriate policy positions to protect and advance privacy rights in Canada.

The Human Resources Branch is responsible for the provision of strategic advice, management and delivery of comprehensive human resource management programs in areas such as staffing, classification, staff relations, human resource planning, learning and development, employment equity, official languages and compensation. 

The Corporate Services Branch, headed by the Chief Financial Officer, provides advice to the Commissioners and integrated corporate services to managers and staff including: corporate planning and reporting, finance, information management / technology and general administration.

3.2   Additional Management Achievements

In addition to accomplishments presented in Section 2.1 of this Departmental Performance Report (“Other Activities: Management Excellence”), the OPC has made the following management accomplishments.

During 2006-2007, the two main management priorities of the OPC were: the implementation of the business case that enables the Office to fulfil its mandate effectively, with sufficient resources, and the continued work to strengthen our human resources capacity.

Implementation of the OPC Business Case

Over the course of 2006-2007 the OPC was able to staff the equivalent of 29.5 FTEs, representing an increase of 38% relative to the previous fiscal year.  Although the OPC was unable to staff all the positions identified in the business case, we have recently initiated new and innovative staffing strategies that will help the Office identify, attract and recruit new employees in order to achieve its planned staffing targets for future years.
 
The OPC was also able to acquire and equip new office space and make key investments in its information technology and information management infrastructure.

Human Resources

The OPC has entered an important phase of institutional renewal. Inspired by a leadership philosophy that promotes core Public Service values and ethics, and in compliance with the Public Service Modernization Act, Public Service Employment Act (PSEA), Public Service Labour Relations Act andFinancial Administration Act, the OPC has been working diligently at putting in place systems and processes that provide for a sound staffing management framework. In early May 2006, the Public Service Commission removed the restrictions on the OPC’s staffing authority that had been in place since 2003. The OPC, under its current leadership, has made significant improvements in its staffing systems and practices. With a staffing strategy in place and supported by plans and policies, established communication strategies for management and employees, and a self-monitoring process, the OPC was designated as “ready to conduct staffing under the new Act.”

The OPC continues to work toward the development and implementation of changes to improve the overall management and quality of the workplace, namely significant improvements to the human resource management policies and practices.

• The Office implemented a number of human resource policies in consultation with central agencies and unions, in line with the new PSEA requirements. These policies will guide the organization as it builds on the successes of the past year and continues on its path of institutional renewal.
• An Instrument of Delegation of Human Resource Management was developed and will serve as a tool to inform and guide managers, and enable them to manage their human resources.
• A Strategic Human Resource Plan and a new Staffing Strategy, as well as an Employment Equity Action Plan, will help the OPC achieve its mandate and ensure the recruitment of a highly qualified workforce that is diversified and representative of Canadian society. As well, the OPC started to develop a recruitment strategy for key groups within the Office. This includes a needs analysis and results of past recruitment efforts at the OPC to determine and identify a variety of recruitment alternatives for meeting the needs of the Office while also aligning with the intent of the new PSEA.
• The review and updating of the Human Resource Strategy 2004-2007 began in order to close existing gaps, ensure a consistent coordinated approach in compliance with federal requirements, and summarize key human resource actions for the future. This initiative will serve to position the OPC well in advance of the coming fiscal year as recruitment and retention efforts are ramped up across the organization. It will involve the identification of human resources priorities and a supporting life cycle approach for various human resource functions.
• As part of the OPC’s commitment to increase transparency in the staffing processes, a staff newsletter was developed and is distributed on a monthly basis to all staff.

The OPC made significant strides in the area of organizational learning, including the development of a Learning Strategy with the Canada School of Public Service (CSPS); and training and information sessions in areas such as values-based staffing, language, performance management, employee appraisals, and harassment awareness in the workplace. The OPC has provided briefing sessions at quarterly all-staff meetings, as well as to all senior management and all managers on various aspects of the new PSMA and PSEA. The Learning Strategy and Curriculum with the CSPS enables staff to continue to develop the expertise and competencies required to fulfil their functions, which will position them to take on their new responsibilities and accountabilities. The Learning Strategy has been modified to reflect training requirements related to the new PSEA, including a Senior Management Committee Engagement Session and PSEA training for sub-delegated managers, both of which were offered in March 2006.

Planning and Reporting

With the development and approval in December 2006 of its comprehensive Results and Performance Measurement Framework, the OPC has made the shift from activity-based to results-based planning, management and reporting. Implementation of the new framework over a three-year period has now started. In the last quarter of 2006-2007, the OPC designed the measurement instruments required to start implementation in the next fiscal year. The OPC will take that a step further in 2007-2008 by incorporating its performance measurement framework into branch plans and by implementing the required measurement instruments to start reporting on the basis of results or outcomes at the end of the fiscal year. As well during 2006-2007, the OPC has integrated all aspects of business planning (financial, human resources, IT/IM) at the corporate and branch levels.

To pursue its commitment to management excellence, the OPC conducted its first self-assessment against the Management Accountability Framework (MAF) during 2006-2007. The exercise, which the Office intends to carry out yearly, serves as an annual report card on its state of management and as the basis on which to set goals for continually improving its management processes and practices.

Finance and Administration

The OPC developed or amended the following corporate services policies during 2006-2007: Area of selection policy Corrective action and revocation policy Deployment policy Employment equity policy Informal discussion policy Non-advertised appointment processes policy Informal conflict management system Computer workstations and peripherals Managing electronic mail Use of employer facilities

Since the Office of the Auditor General of Canada began its audits of the OPC in 2003-2004, the Office continue to receive unqualified audit opinions of its financial statements, including the audit of the 2006-2007 financial statements. 

The OPC is continuously enhancing its financial management practices by reviewing, streamlining and strengthening its financial policies and procedures as well as increasing communication and training for OPC staff.

During the year, the Office was able to acquire, fit-up, furnish and equip office spaces for new employees and other resources that were obtained through the business case.

Information Management/ Information Technology (IM/IT)

Several important IM/IT initiatives have been completed or have significantly progressed over the past year. In 2006-2007, the OPC:

• Prepared a Business Continuity Plan and purchased all equipment for OPC’s disaster recovery site;
• Updated its Threat and Risk Assessment framework and began development of measures to strengthen its security posture;
• Surpassed the halfway mark in our Information Management project and began evaluating potential replacements to its case tracking system;
• Secured a research facility for its legal branch;
• Completed zoning of its servers, put in place a server backup strategy, and began development of change management procedures for effective and timely server patching; and
• Acquired new computers and other IT infrastructure to support new employees.

3.3 Resource Tables

Table 1: Comparison of Planned to Actual Spending (including FTEs)

($ thousands)	2005–2006 Actual	2006–2007
		Main Estimates	Planned Spending	Total Authorities	Actual
Compliance Activities	7,909	10,154	10,154	9,678	9,373
Research and Policy Development	2,094	3,393	3,393	3,701	2,976
Public Outreach	1,628	2,751	2,751	2,654	3,367
Total	11,631	16,298	16,298	16,033	15,716
Less: Non‑respendable revenue	-	N/A	-	N/A	-
Plus: Cost of services received without charge	1,375	N/A	1,854	N/A	1,586
Total Spending	13,006	N/A	18,152	N/A	17,302
Full-time Equivalents	78.5	N/A	125	N/A	108

Table 2:  Resources by Program Activity

($ thousands)	2006-2007
Program Activity	Operating	Contributions	Total
Compliance Activities
Main Estimates	10,154	-	10,154
Planned Spending	10,154	-	10,154
Total Authorities	9,678	-	9,678
Actual Spending	9,373	-	9,373
Research and Policy Development
Main Estimates	3,018	375	3,393
Planned Spending	3,018	375	3,393
Total Authorities	3,326	375	3,701
Actual Spending	2,553	423	2,976
Public Outreach
Main Estimates	2,751	-	2,751
Planned Spending	2,751	-	2,751
Total Authorities	2,654	-	2,654
Actual Spending	3,367	-	3,367

Table 3:  Voted and Statutory Items

Vote or Statutory Item (S)		2006-2007 ($ thousands)
		Main Estimates	Planned Spending	Total Authorities	Actual
45	Program Expenditures	14,460	14,460	14,755	14,446
(S)	Spending of proceeds from the disposal of surplus Crown assets	-	-	8	-
(S)	Contributions to employee benefit plans	1,838	1,838	1,270	1,270
	TOTAL	16,298	16,298	16,033	15,716

Table 4:  Services Received Without Charge

($ thousands)	2006-2007 Actual Spending
Accommodation provided by Public Works and Government Services Canada	863
Contributions covering the employer’s share of employees’ insurance premiums and expenditures paid by the Treasury Board of Canada Secretariat	629
Payroll Services provided by Public Works and Government Services Canada	4
Audit of the financial statements by the Office of the Auditor General of Canada	90
TOTAL	1,586

Table 5:  Resource Requirements by Branch

(in $ thousands)	2006-2007
Branch / Division	Compliance Activities	Research and Policy Development	Public Outreach	Total
Offices of the Commissioner and Assistant Commissioners
Planned Spending	428	428	428	1,284
Actual Spending	441	441	441	1,323
Investigations and Inquiries
Planned Spending	3,567	-	-	3,567
Actual Spending	3,233	-	-	3,233
Research and Policy
Planned Spending	-	1,713	-	1,713
Actual Spending	-	1,451	-	1,451
Audit and Review
Planned Spending	1,655	-	-	1,655
Actual Spending	1,382	-	-	1,382
Legal Services
Planned Spending	927	397	-	1,324
Actual Spending	926	479	-	1,405
Regional Offices
Planned Spending	162	-	378	540
Actual Spending	-	-	-	-
Communications
Planned Spending	-	-	1,257	1,257
Actual Spending	-	-	1,431	1,431
Corporate Services
Planned Spending	2,811	743	609	4,163
Actual Spending	2,932	562	1,354	4,848
Human Resources
Planned Spending	604	112	79	795
Actual Spending	459	43	141	643
TOTAL
Planned Spending	10,154	3,393	2,751	16,298
Actual Spending	9,373	2,976	3,367	15,716

Table 6:  Travel Policies

As a Schedule I organization under the Financial Administration Act, the OPC follows standard Treasury Board of Canada travel policies, guidelines and directives.

Table 7:  Audited Financial Statements

The OPC’s audited financial statements are prepared in accordance with Treasury Board accounting policies which are consistent with Canadian generally accepted accounting principles for the public sector.  The unaudited supplementary information presented in the financial tables in the DPR is prepared on a modified cash basis of accounting in order to be consistent with appropriations-based reporting.  Note 3 from the audited financial statements reconciles these two accounting methods.

3.4 Audited Financial Statements

The OPC’s audited financial statements are prepared in accordance with Treasury Board accounting policies which are consistent with Canadian generally accepted accounting principles for the public sector.  The unaudited supplementary information presented in the financial tables in the DPR is prepared on a modified cash basis of accounting in order to be consistent with appropriations-based reporting.  Note 3 from the audited financial statements reconciles these two accounting methods.

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Statement of Management Responsibility

Responsibility for the integrity and objectivity of the accompanying financial statements for the year ended March 31, 2007 and all information contained in these statements rests with the management of the Office of the Privacy Commissioner of Canada.  These financial statements have been prepared by management in accordance with Treasury Board accounting policies which are consistent with Canadian generally accepted accounting principles for the public sector, and year-end instructions issued by the Office of the Comptroller General.

Management is responsible for the integrity and objectivity of the information in these financial statements.  Some of the information in the financial statements is based on management's best estimates and judgment and gives due consideration to materiality.  To fulfill its accounting and reporting responsibilities, management maintains a set of accounts that provides a centralized record of the Office’s financial transactions.  Financial information submitted to the Public Accounts of Canada and included in the Office’s Departmental Performance Report is consistent with these financial statements.

Management maintains a system of financial management and internal control designed to provide reasonable assurance that financial information is reliable, that the Office’s assets are safeguarded and that transactions are in accordance with the Financial Administration Act, are executed in accordance with prescribed regulations, within Parliamentary authorities, and are properly recorded to maintain accountability of Government funds.  Management also seeks to ensure the objectivity and integrity of data in its financial statements by careful selection, training and development of qualified staff, by organizational arrangements that provide appropriate divisions of responsibility, and by communication programs aimed at ensuring that regulations, policies, standards and managerial authorities are understood throughout the Office.

The financial statements of the Office of the Privacy Commissioner of Canada have been audited by the Auditor General of Canada, the independent auditor for the Government of Canada.

Jennifer Stoddart	Tom Pulcine, CMA
Privacy Commissioner of Canada	Director General, Corporate Services and Chief Financial Officer

Ottawa, Canada
July 19, 2007

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AUDITOR’S REPORT

To the Speaker of the House of Commons and the Speaker of the Senate

I have audited the statement of financial position of the Office of the Privacy Commissioner of Canada as at March 31, 2007 and the statements of operations, equity of Canada and cash flow for the year then ended. These financial statements are the responsibility of the Office’s management. My responsibility is to express an opinion on these financial statements based on my audit.

I conducted my audit in accordance with Canadian generally accepted auditing standards. Those standards require that I plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation.

In my opinion, these financial statements present fairly, in all material respects, the financial position of the Office as at March 31, 2007 and the results of its operations and its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles.

Further, in my opinion, the transactions of the Office that have come to my notice during my audit of the financial statements have, in all significant respects, been in accordance with the Financial Administration Act and regulations and the Privacy Act.

Sheila Fraser, FCA
Auditor General of Canada

Ottawa, Canada
July 19, 2007

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Statement of Financial Position

As at March 31 (in thousands of dollars)		2007		2006
Assets
Financial assets
	Due from the Consolidated Revenue Fund	1,303		1,597
	Accounts receivable and advances (Note 4)	692		48
Total financial assets		1,995		1,645
Non-financial assets
	Prepaid expenses	17		47
	Tangible capital assets (Note 5)	1,187		810
Total non-financial assets		1,204		857
TOTAL		3,199		2,502
Liabilities and Equity of Canada
Liabilities
	Accounts payable and accrued liabilities	1,796			1,413
	Accrued employee salaries	286			246
	Vacation pay and compensatory leave	382			370
	Employee severance benefits (Note 6)	1,464			1,282
Total liabilities		3,928			3,311
Equity of Canada (Note 10)		(729)			(809)
TOTAL		3,199			2,502

Contingent liabilities (Note 7)
Contractual obligations (Note 8)

The accompanying notes are an integral part of the financial statements

Jennifer Stoddart	Tom Pulcine, CMA
Privacy Commissioner of Canada	Director General, Corporate Services and Chief Financial Officer

Ottawa, Canada
July 19, 2007

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Statement of Operations

For the year ended March 31 (in thousands of dollars)		2007					2006
		Assess and Investigate	Privacy Education	Research and policy	Total		Total
Operating Expenses
	Salaries and employee benefits	6,507	1,796	1,684	9,987		8,193
	Professional and special services	2,080	1,005	644	3,729		2,397
	Accommodation	604	122	149	875		733
	Transportation and communications	285	207	127	619		483
	Amortization	279	57	68	404		368
	Information	28	367	10	405		168
	Repairs and maintenance	114	23	33	170		157
	Utilities, materials and supplies	80	28	22	130		106
	Rentals	31	11	8	50		79
	Equipment	152	33	37	222		59
	Other	7	1	1	9		4
Total Operating expenses		10,167	3,650	2,783	16,600		12,747
Transfer Payments		-	-	387	387		154
Net cost of operations		10,167	3,650	3,170	16,987		12,901

The accompanying notes form an integral part of these financial statements.

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Statement of Equity of Canada

For the year ended March 31
(in thousands of dollars)		2007		2006
Equity of Canada, beginning of the year		(809)		(577)
	Net cost of operations	(16,987)		(12,901)
	Net cash provided by Government (Note 3c)	15,775		11,680
	Change in Due from Consolidated Revenue Fund	(294)		(386)
	Services received without charge from other government departments (Note 9)	1,586		1,375
Equity of Canada, end of the year		(729)		(809)

The accompanying notes are an integral part of the financial statements.

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Statement of Cash Flow

For the year ended March 31
(in thousands of dollars)		2007		2006
Operating activities
Net cost of operations		16,987		12,901
Non-cash items:
Amortization of tangible assets		(404)		(368)
Services received without charge (Note 9)		(1,586)		(1,375)
Loss on disposal of tangible capital assets		(9)		-
Variations in Statement of Financial Position:
Increase (decrease) in accounts receivable and advances		644		(249)
Increase (decrease) in prepaid expenses		(30)		22
Decrease (increase) in liabilities		(617)		476
Cash used by operating activities		14,985		11,407
Capital investment activities
Acquisition of tangible capital assets		790		273
Cash used for capital investment activities		790		273
Net cash provided by Government of Canada		15,775		11,680

The accompanying notes are an integral part of the financial statements

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Notes to the Financial Statements

1. Authority and objectives

The Office of the Privacy Commissioner of Canada (the Office), was created under the Privacy Act, which came into force on July 1, 1983. The Privacy Commissioner is an independent officer of Parliament appointed by the Governor-in-Council following approval of her nomination by resolution of the Senate and the House of Commons. The Office is designated, by Order-in-Council, as a department for purposes of the Financial Administration Act. As such, it is established under the authority of Schedule I.1 of the Act and is funded through annual appropriations. The Commissioner is accountable for, and reports directly to Parliament on the results achieved.

The objectives of the Office of the Privacy Commissioner of Canada are:

• investigating complaints and conducting audits;
• publishing information about personal information-handling practices in the public and private sector;
• conducting research into privacy issues; and
• promoting awareness and understanding of privacy issues by the Canadian public. 

2. Summary of significant accounting policies

These financial statements have been prepared in accordance with Treasury Board accounting policies which are consistent with Canadian generally accepted accounting principles for the public sector, and year-end instructions issued by the Office of the Comptroller General.

Significant accounting policies are as follows:

(a) Due from the Consolidated Revenue Fund
Due from the Consolidated Revenue Fund (CRF) represents the amount of cash that the Office is entitled to draw from the Consolidated Revenue Fund without further appropriations, in order to discharge its liabilities.

(b)  Parliamentary appropriations
The Office of the Privacy Commissioner of Canada is financed by the Government of Canada through Parliamentary appropriations. Appropriations provided to the Office do not parallel financial reporting according to generally accepted accounting principles since appropriations are primarily based on cash flow requirements. Consequently, items recognized in the statement of operations and the statement of financial position are not necessarily the same as those provided through appropriations from Parliament. Note 3 provides a high-level reconciliation between the bases of reporting.

(c) Net cash provided by Government
The Office operates within the Consolidated Revenue Fund, which is administered by the Receiver General for Canada. All cash received by the Office is deposited to the CRF and all cash disbursements made by the Office are paid from the CRF. The net cash provided by Government is the difference between all cash receipts and all cash disbursements including transactions between departments of the federal government.

(d) Expenses
Expenses are recorded on the accrual basis:

• Contributions are recognized in the year in which the recipient has met the eligibility criteria or fulfilled the terms of a contractual transfer agreement.
• Vacation pay and compensatory leave are expensed as the benefits accrue to employees under their respective terms of employment.
• Services received without charge from other government departments are recorded as operating expenses at their estimated cost.

(e)  Employee future benefits

1. Pension benefits: Eligible employees participate in the Public Service Pension Plan, a multi-employer pension plan administered by the Government of Canada. The Office’s contributions to the Plan are charged to expenses in the year incurred and represent the total obligation of the Office to the Plan. Current legislation does not require the Office to make contributions for any actuarial deficiencies of the Plan.
2. Severance benefits: Employees are entitled to severance benefits under labour contracts or conditions of employment. These benefits are accrued as employees render the services necessary to earn them. The obligation relating to the benefits earned by employees is calculated using information derived from the results of the actuarially determined liability for employee severance benefits for the Government as a whole.

(f) Accounts receivable
Accounts receivable are stated at amounts expected to be ultimately realized. A provision is made for receivables where recovery is considered uncertain.

(g) Contingent liabilities
Contingent liabilities are potential liabilities which may become actual liabilities when one or more future events occur or fail to occur. To the extent that the future event is likely to occur or fail to occur, and a reasonable estimate of the loss can be made, an estimated liability is accrued and an expense recorded. If the likelihood is not determinable or an amount cannot be reasonably estimated, the contingency is disclosed in the notes to the financial statements.

(h) Tangible capital assets
All tangible capital assets and leasehold improvements having an initial cost of $2,500 or more are recorded at their acquisition cost. The capitalization of software and leasehold improvements has been done on a prospective basis from April 1, 2001.

The amortization of tangible capital assets is done on a straight-line basis over the estimated useful life of the asset as follows:

Asset Class	Amortization Period
Informatics hardware	3 years
Computer software	3 years
Other equipment	10 years
Motor vehicles	10 years
Leasehold improvements	Term of the lease

(i) Measurement uncertainty
The preparation of these financial statements in accordance with Treasury Board accounting policies, which are consistent with Canadian generally accepted accounting principles for the public sector, and year-end instructions issued by the Office of the Comptroller General, requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities, and expenses reported in the financial statements. At the time of preparation of these statements, management believes the estimates and assumptions to be reasonable. The most significant items where estimates are used are contingent liabilities, the liability for employee severance benefits and the useful life of tangible capital assets. Actual results could significantly differ from those estimated. Management’s estimates are reviewed periodically and, as adjustments become necessary, they are recorded in the financial statements in the year they become known.

3. Parliamentary appropriations

The Office receives most of its funding through annual Parliamentary appropriations. Items recognized in the statement of operations and the statement of financial position in one year may be funded through Parliamentary appropriations in prior, current or future years. Accordingly, the Office has different net results of operations for the year on a government funding basis than on an accrual accounting basis. The differences are reconciled in the following tables:

a) Reconciliation of net cost of operations to current year appropriations used:
(in thousands of dollars)		2007	2006
Net cost of operations		16,987	12,901
Adjustments for items affecting net cost of operations but not affecting appropriations:
Add (Less):
	Services received without charge	(1,586)	(1,375)
	Amortization on tangible capital assets	(404)	(368)
	Revenue not available for spending	89	122
	Vacation pay and compensatory leave	(12)	(10)
	Employee severance benefits	(182)	(2)
		14,892	11,268
Adjustments for items not affecting net cost of operations but affecting appropriations:
Add (Less):
	Acquisition of tangible capital assets	790	273
	Change in prepaid expenses	(30)	22
	Other adjustments	64	68
		824	363
Current year appropriations used		15,716	11,631
(b) Appropriations provided and used:
(in thousands of dollars)		2007	2006
	Vote 45 - Program expenditures	14,754	10,744
	Statutory contributions to employee benefit plans	1,270	1,163
		16,024	11,907
	Lapsed Appropriations: Operating	(308)	(276)
Current year appropriations used		15,716	11,631
(c) Reconciliation of net cash provided by Government to current year appropriations used:
(in thousands of dollars)		2007	2006
Net cash provided by Government		15,775	11,680
Revenue not available for spending		89	122
Variation in accounts receivable and advances		(644)	(249)
Variation in accounts payable and accrued liabilities		383	(325)
Variation in accrued employee salaries		40	(163)
Other adjustments		73	68
Current year appropriations used		15,716	11,631

4. Accounts receivable and advances

The following table presents details of accounts receivable and advances:

(in thousands of dollars)	2007	2006
Receivables from other Federal Government departments and agencies	691	-
Receivables from external parties	-	48
Employee advances	1	-
Total	692	48

5.  Tangible capital assets

(in thousands of dollars)	Informatics hardware	Computer software	Other equipment	Motor vehicles	Leasehold improve-ments	Total
Opening cost	1,129	365	519	24	96	2,133
Acquisitions	475	62	226	-	27	790
Disposals	-	-	-	(24)	-	(24)
Closing cost	1,604	427	745	-	123	2,899
Opening accumulated amortization	757	235	280	14	37	1,323
Disposals	-	-	-	(15)	-	(15)
Current year amortization	232	97	52	1	22	404
Closing accumulated amortization	989	332	332	-	59	1,712
Net Book Value – 2007	615	95	413	-	64	1,187
Net Book Value – 2006	372	130	239	10	59	810

Amortization expense for the year ended March 31, 2007 was $404,000 (2006 was $368,000).

6. Employee benefits

(a) Pension benefits
The Office’s employees participate in the Public Service Pension Plan, which is sponsored and administered by the Government of Canada. Pension benefits accrue up to a maximum period of 35 years at a rate of 2 percent per year of pensionable service, times the average of the best five consecutive years of earnings. The benefits are integrated with Canada/Québec Pension Plans benefits and they are indexed to inflation.

Both the employees and the Office contribute to the cost of the Plan. The 2006-2007 expense amounts to $935,432 ($860,000 in 2005-2006), which represents approximately 2.2 times the contributions by employees.

The Office’s responsibility with regard to the Plan is limited to its contributions. Actuarial surpluses or deficiencies are recognized in the financial statements of the Government of Canada, as the Plan’s sponsor.

(b) Severance benefits
The Office provides severance benefits to its employees based on eligibility, years of service and final salary. These severance benefits are not pre-funded. Benefits will be paid from future appropriations. Information about the severance benefits, measured as at March 31, is as follows:

(in thousands of dollars)	2007	2006
Accrued benefit obligation, beginning of year	1,282	1,280
Expense for the year	236	131
Benefits paid during the year	(54)	(129)
Accrued benefit obligation, end of year	1,464	1,282

7. Contingent liabilities
Claims and litigation - Claims have been made against the Office in the normal course of operations. Legal proceedings for claims totaling approximately $50,000 were still pending at March 31, 2007. Some of these potential liabilities may become actual liabilities when one or more future events occur or fail to occur. To the extent that the future event is likely to occur or fail to occur, and a reasonable estimate of the loss can be made, an estimated liability is accrued and an expense recorded in the financial statements.  As of March 31, 2007, no amount has been accounted for in the financial statements.

8. Contractual obligations
The nature of the Office’s activities can result in some large multi-year contracts and obligations whereby the department will be obligated to make future payments when the services/goods are received. Included within the 2007-2008 amount is $1,229,630 for goods and services contracts signed in 2006-2007 which extend into 2007-2008.  The remaining balance of $44,058 in 2007-2008 is for operating leases.  The amounts for 2008-2009 through 2011-2012 are all for operating leases (photocopiers).

(in thousands of dollars)	2007-08	2008-09	2009-10	2010-11	2011-12
	1,274	36	35	13	5

9. Related party transactions
The Office is related as a result of common ownership to all Government of Canada departments, agencies, and Crown corporations. The Office enters into transactions with these entities in the normal course of business and on normal trade terms. During the year, the Office expensed $4,450,384 ($2,659,314 in 2006) from transactions with other government departments, agencies and Crown corporations. These expenses include services received without charge in the amount of $1,585,560 ($1,375,000 in 2006), as presented in part (a).

(a) Services received without charge:
During the year, the Office received without charge from other departments, accommodation, the employer’s contribution to the health and dental insurance plans, payroll services, and audit services. These services without charge have been recognized in the Office’s Statement of Operations as follows:

(in thousands of dollars)	2007	2006
Accommodations provided by Public Works and Government Services Canada	863	733
Contributions covering employer’s share of employees’ insurance premiums and expenditures paid by Treasury Board Secretariat	629	529
Payroll services provided by Public Works and Government Services Canada	4	3
Audit services provided by the Office of the Auditor General of Canada	90	110
Total	1,586	1,375

(b) Payables and receivables outstanding at year-end with related parties:

(in thousands of dollars)	2007	2006
Accounts receivable with other government departments and agencies	691	-
Accounts payable to other government departments and agencies	259	468

10. Equity of Canada

The Equity of Canada, which is currently in a deficit position, represents liabilities incurred by the Office, net of capital tangible assets, which have not yet been funded through appropriations. Significant components of this amount are employee severance benefits and vacation pay liabilities. These amounts are expected to be funded by appropriations in future years as they are paid.

3.5   Sources of Additional Information

Legislation Administered by the Privacy Commissioner 

Privacy Act	R.S.C. 1985, ch. P21, amended 1997, c.20, s. 55
Personal Information Protection and Electronic Documents Act	2000, c.5

Statutory Annual Reports, other Publications and Information

Statutory reports, publications and other information are available from the Office of the Privacy Commissioner of Canada, Ottawa, Canada K1A 1H3; tel.: (613) 995-8210 and on the OPC's Web site at www.privcom.gc.ca

• Privacy Commissioner's annual reports
• Report on Plans and Priorities for 2007-2008
• Performance Report to Parliament for the period ending March 31, 2006
• Your Privacy Rights: A Guide for Individuals to the Personal Information Protection and Electronic Documents Act
• Your Privacy Responsibilities: A Guide for Businesses and Organizations to the Personal Information Protection and Electronic Documents Act

Contact for Further Information on the Departmental Performance Report:

Mr. Tom Pulcine
Director General, Corporate Services/Chief Financial Officer
Office of the Privacy Commissioner of Canada
Place de Ville, Tower B
112, Kent St., Suite 300
Ottawa, Ontario  K1A 1H3
Telephone: (613) 996-5336
Facsimile:   (613) 947-6850

2006-2007
Departmental Performance Report

Office of the Information Commissioner of Canada

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The Honourable Robert D. Nicholson, P.C., Q.C., M.P.
Minister of Justice and Attorney General of Canada

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Section I: Overview

1.1 Message from the Information Commissioner of Canada

I am pleased to submit to Parliament the Performance Report of the Office of the Information Commissioner of Canada (OIC) for the period ending March 31, 2007.

The Information Commissioner, an agent of Parliament, is an extension of Parliament. The Commissioner has been given a special trust to oversee the government in its administration of the Access to Information Act.

My term as the 4^th Information Commissioner commenced on January 15, 2007.

The coming into force of the Federal Accountability Act has had direct implications for the OIC. The Office invested extensive resources to assist Parliament in considering and implementing access to information provisions of Bill C-2. The new law expands application of the Access to Information Act and makes the Office subject to the Privacy Act and the Access to Information Act. These new responsibilities and functions will increase the Office’s workload.

For 2006-2007, the OIC had five main priorities:

• Reduce time taken to complete investigations;
• Reduce the number of investigations which are in "backlog" status;
• Reduce the number of incoming complaints by engaging in audits and systemic investigations and by encouraging government to professionalize its access to information workers and educate its management personnel concerning access to information obligations;
• Assist Ministers, Parliamentary Committees, MPs and Senators in understanding and weighing the implications of proposed legislation for the rights contained in the Access to Information Act;
• Assist Parliament in considering and subsequently implementing the Federal Accountability Act’s access to information provisions.

All were met with the exception of the first two listed above. This is in part due to insufficient office space to hire additional resources. We have started implementing in place a backlog reduction plan which will become fully operational in 2007-2008. Additionally, to improve the efficiency of this Office, I have initiated a reorganization of its structure.

I take these results very seriously since our main raison d’être is to ensure that the rights and obligations of complainants under the Access to Information Act are respected; complainants, heads of federal government institutions and all third parties affected by complaints are given a reasonable opportunity to make representations to the Information Commissioner and investigations are thorough and timely.

Robert Marleau
Information Commissioner of Canada

1.2 Management Representation Statement

I submit for tabling in Parliament, the 2006–2007 Departmental Performance Report for the Office of the Information Commissioner of Canada.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2006–2007 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

• It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
• It is based on the department’s Strategic Outcome and Program Activity Architecture that were approved by the Treasury Board;
• It presents consistent, comprehensive, balanced and reliable information; 
• It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
• It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.

Suzanne Legault
Assistant Commissioner

1.3 Program Activity Architecture

The Office of the Information Commissioner’s Strategic Outcome and Program Activity Architecture (PAA) structure that were approved by Treasury Board Secretariat have remained stable in their substance; only minor terminology revisions were made and approved by Treasury Board in May 2007 to comply with Step 1 implementation of the Management Resources and Results Structure (MRRS) Policy.

1.4 Raison d’Être

The raison d’être of the OIC is to ensure that the rights conferred by the Access to Information Act are respected; that complainants, heads of federal government institutions and all third parties affected by complaints are given a reasonable opportunity to make representations to the Information Commissioner; to persuade federal government institutions to adopt information practices consistent with the objectives of the Access to Information Act; and to bring appropriate issues of interpretation of the Access to Information Act before the Federal Court.

The Information Commissioner is an ombudsman appointed by Parliament to investigate complaints that the government has denied rights under the Access to Information Act–Canada’s freedom of information legislation. The Act came into force in 1983 and gave Canadians the broad legal right to information recorded in any form and controlled by most federal government institutions. The Act provides government institutions with 30 days to respond to access requests. Extended time may be claimed if there are many records to examine, other government agencies to be consulted, or third parties to be notified. The requester must be notified of these extensions within the initial timeframe.

Of course, access rights are not absolute. They are subject to specific and limited exemptions, balancing freedom of information against individual privacy, commercial confidentiality, national security, and the frank communications needed for effective policy-making. Such exemptions permit government agencies to withhold material, often prompting disputes between applicants and departments. Dissatisfied applicants may turn to the Information Commissioner who investigates applicants’ complaints that:

• They have been denied requested information;
• They have been asked to pay too much for requested information;
• The department’s extension of more than 30 days to provide information is unreasonable;
• The material was not in the official language of choice or the time for translation was unreasonable;
• They have a problem with the Info Source guide or periodic bulletins, which are issued to help the public use the Act; and/or
• They have run into any other problem using the Act.

The Commissioner has strong investigative powers. These are real incentives for government institutions to comply with the Act and respect applicants’ rights.

As an ombudsman, the Commissioner may not order that a complaint be resolved in a particular way. He relies on persuasion to resolve disputes, seeking a Federal Court review only if he finds that an individual has been improperly denied access and a negotiated solution has proved impossible.

1.5 Financial and Human Resources

The following two tables present the total financial and human resources that the OIC has managed in 2006-2007.

Financial Resources
Planned Spending	Total Authorities	Actual Spending
$8,181,000	$8,270,000	$6,611,000
Human Resources (Dir. HR to input)
Planned	Actual	Difference
78 FTEs	55 FTEs	23 FTEs

1.6 Context for OIC Performance in 2006-2007

Plans and Priorities

The 2006-2007 Report on Plans and Priorities stated that the Office’s priorities are set by statute and entail performing classical ombudsman functions with respect to complaints against government institutions about excessive secrecy, cost or delay in responding to access to information requests. These functions are:

• Investigating;
• Seeking resolutions;
• Making recommendations; and
• Reporting results.

These functions relate to ensuring that the Office’s statutory priorities are completed efficiently, effectively and fairly. To address issues of efficiency, effectiveness and fairness, the specific plans and priorities for 2006-2007 were to:

• Reduce time taken to complete investigations;
• Reduce the number of investigations which are in a "backlog" status;
• Reduce the number of incoming complaints by engaging in audits and systemic investigations and by encouraging government to professionalize its access to information workers and educate its management personnel concerning access to information obligations;
• Assist Ministers, Parliamentary Committees, MPs and Senators in understanding and weighing the implications of proposed legislation for the rights contained in the Access to Information Act; and
• Assist Parliament in considering and subsequently implementing the access to information provisions of the Federal Accountability Act.

Internal and External Factors

In 2006-2007, the following external and internal factors influenced how the Office delivered on its ombudsman’s functions as well as the relative priority of the activities carried out during the year.

External Factors

Implications of the Passage of Bill C-2 (The Federal Accountability Act)

The passage of Bill C-2 on December 12, 2006 has had direct implications for the OIC. Firstly, the OIC invested extensive resources in order to assist Parliament in its task of considering the appropriateness of the Bill’s various provisions that relate to access to information (e.g. analysis of legislative proposals, monitoring of legislative process, preparation of materials, appearances before Parliamentary Committees). Secondly, the implementation of the legislation following royal assent has significant implications for the Office. The new law expands the application of the Access to Information Act by rendering more than fifty additional government institutions subject to the Act (including parent Crown Corporations, their wholly-owned subsidiaries and various foundations). This expansion of the Act’s coverage is sure to result in a greater number of complaints which, in turn, result in an increase in the OIC’s workload. As well, new dispositions and exemptions have called on in-depth legal advice, professional training and public communication. Moreover, as the new law subjects the OIC to the Privacy Act and the Access to Information Act, it is necessary to create new operational functions and facilitate additional training.

The OIC completed a business case and implementation plan to manage these changes and hired an interim Director of Information Services and Knowledge Management in October 2006.

Upcoming reform of the Access to Information Act

In this reporting year, the Standing Committee on Access to Information, Privacy and Ethics insisted, in a report to the House of Commons, that the government come forward with a Bill to comprehensively reform the Act.

The previous Information Commissioner, at the request of the Committee, prepared a draft access reform Bill that offers Parliament and the public a yardstick against which to measure any reforms brought forward by government – the proposed Open Government Act. The new Commissioner also supports the work of Parliament and of the government as they carry out their respective roles. In this regard, the OIC offered its collaborative assistance in 2006-2007 to the Standing Committee, the Minister of Justice and the President of the Treasury Board, with respect to the development of any legislative and administrative initiatives pertaining to the reform of the Access to Information Act.

Increasing reporting demands from Central Agencies

New and expanding policy and reporting requirements from Central Agencies (e.g. Internal Audit, Evaluation, PSEA reports) are particularly demanding on small departments and agencies with limited resources.

Internal Factors

Two important projects have required time and resources from this Office. On the pilot project for the funding of Officers of Parliament, we have been working closely with the House of Commons Advisory Panel. Secondly, we have collaborated with the other Officers of Parliament on providing input to Treasury Board on the review of the internal audit policy as part of Treasury Board Policy Suite Renewal.

This Office took steps to develop an internal audit capacity to comply with the new Policy on Internal Audit and to put in place a plan for coming into compliance with new responsibilities contained in the Federal Accountability Act. Mainly the Office will now be subject to the Access to Information Act and Privacy Act.

Upon implementation of the above named Acts, the OIC will also become subject to the Library and Archives of Canada Act. Arrangements are being made to meet the requirements of the National Librarian and Archivist on the management of information. OIC Personal Information Banks are being registered with the Treasury Board.

As well, the OIC has established a process whereby complaints under the Act against the Information Commissioner can be independently investigated. Former Supreme Court of Canada Justice, the Honourable Peter Corey, has agreed to undertake the role.

This past year, insufficient office space has prevented the Office from hiring additional investigation resources whose funding had been approved. This is to be addressed in

2007-2008. Discussions with Public Works and Government Services Canada have taken place during the year to find suitable office space.

Reductions in effectiveness and efficiency of Office operations, (i.e., backlog and delays) were the result of insufficient functional and administrative support, which affected the ability of managers with core access to information responsibility to concentrate on service delivery, through investigative and compliance activities.

1.7 Performance Status of OIC Priorities

The OIC had five ongoing priorities in 2006-2007. The following table summarizes the priorities and expected results, provides high-level information on our actual performance, and includes a self-assessment of performance status using Treasury Board Secretariat’s ratings: not met, successfully met, or exceeded expectations.

More detailed information on actual performance is provided in Section II – Analysis by Program Activity.

Strategic Outcome: Individuals’ rights under the Access to Information Act are safeguarded.
Program Activity: Assess, investigate, review, pursue judicial enforcement, and provide advice.			Planned Spending: $8,181,000	Actual Spending: $6,611,000
Priorities for 2006-2007 and Expected Results	Type	Actual Performance		Performance Status
Reduce time taken to complete investigations	Previous	The average turnaround time in 2006-2007 was 12.39 months. This represents a minor increase of the time taken to complete investigations over last year. A significant number of the investigations completed during the year were in backlog status and their lengthy duration is reflected in the high average.		Not Met
Reduce the number of investigations which are in a "backlog" status	New	The backlog of investigations at the end of 2006-2007 compared to last year was reduced by 246 investigations, representing a 16.7% reduction. Although the number was reduced, the OIC was unable to fully implement its reduction plan due to lack of office accommodation.		Not Met
Reduce the number of incoming complaints by engaging in audits and systemic investigations and by encouraging government to professionalize its access to information workers and educate its management personnel concerning access to information obligations	Ongoing / New	The OIC received 1,257 complaints from the public number of incoming complaints in 2006-2007 was 1,257 compared with 1,381 in 2005-2006. Complaints of delay accounted for 22% of the total, down from 24% last year. Also, tThe OIC also initiated started 393 systemic complaints against one government institution new Commissioner-initiated systemic complaints and conducted 17 report card reviews. Nine institutions showed improved performance over last year in their reviews. Also, the OIC devoted resources to build awareness of information access rights and continued support for the certification of information access professionals.		Successfully Met
Assist Ministers, Parliamentary Committees, MPs and Senators in understanding and weighing the implications of proposed legislation for the rights contained in the Access to Information Act	New	The Commissioner monitored Parliament’s legislative activities in this area. In addition, the Commissioner worked collaboratively with the Standing Committee on Access to Information, Privacy and Ethics, the Minister of Justice and the President of Treasury Board to develop legislative proposals to reform the Act.		Successfully Met
Assist Parliament in considering and subsequently implementing the access to information provisions of the Federal Accountability Act.	New	The OIC invested extensive resources in order to assist Parliament in its task of considering the appropriateness of the Bill’s various provisions that relate to access to information. This legislation expands the application of the Access to Information Act by adding more than fifty government institutions, new exemptions and other provisions. These amendments resulted in the need for in-depth legal analysis, professional training and public communication.		Successfully Met

Section II: Analysis by Program Activity

2.1 OIC Performance in 2006-2007

The OIC has a single strategic outcome and only one program activity, which is supported by internal services as follows:

Strategic Outcome	Individuals’ rights under the Access to Information Act are safeguarded
Program Activity 1	Assess, investigate, review, pursue judicial enforcement and provide advice

Refer to Section 4.1 for a description of the internal services achievements.

Program Activity 1 - Assess, investigate, review, pursue judicial enforcement and provide advice

Program Activity Description

The formally approved description of the OIC’s only program activity is: assess, investigate, review, pursue judicial enforcement and provide advice.

Planned Spending	Total Authorities	Actual Spending
$8,181,000	$8,270,000	$6,611,000
Planned FTEs1	Actual FTEs	Difference in FTEs
78	55 FTEs	23 FTEs

Performance in 2006-2007

The OIC has assessed, investigated, reviewed, pursued judicial enforcement, and provided advice in accordance with its mandate. Work accomplished in 2006-2007 is described in this section. Additional information can be found in the Commissioner’s 2006-2007 annual report located on the OIC website (www.infocom.gc.ca).

The program activity objectives are as follows:

1. To ensure that the rights and obligations of complainants under the Access to Information Act are respected; complainants, heads of federal government institutions and all third parties affected by complaints are given a reasonable opportunity to make representations to the Information Commissioner and investigations are thorough and timely;
2. To persuade federal government institutions to adopt information practices in keeping with the Access to Information Act; and
3. To bring appropriate issues of interpretation of the Access to Information Act before the Federal Court.

Investigations

Performance Indicators	Expected Results
Number of complaints received and resolved	Complaints are conducted thoroughly and in a timely manner in accordance with established service standards

Complaints From the Public

The OIC received 1,257 complaints from the public (down 9% from last year) which means that, out of over 25,000 access requests processed government-wide, less than 6% generated complaints.

The OIC completed the investigation of 1,267 complaints with an average turnaround of 12.39 months, well beyond service standards. However, 72% of these completed investigations were for complaints in backlog status and their lengthy duration are strongly reflected in this average.

Backlog Reduction Plan

Of the 1,417 complaints from individuals that will be carried over to next year, 1,052 are considered to be in "backlog" status because they were not completed within service standards. Last year, of the 1,45427 investigations carried forward, 1,298 were in "backlog" status. The Office, thus, was able this year to halt the growth of the backlog and reduce it by 246 investigations.

While the Office has had some success this year in starting to reduce its backlog of incomplete investigations, it was not able to fully implement its backlog reduction plan, for which additional investigators were approved in January 2006, for fiscal years 2006-2007 to

2009-2010. The main reason for the setback was a delay, outside the Commissioner’s control, in securing the office accommodation necessary to house the new investigators.

The backlog reduction plan will be fully implemented when the additional accommodation space becomes available in 2007-2008. The Commissioner remains confident that, by March 31, 2010, there will be no backlog of investigations, and incoming complaints will be investigated in a timely manner.

Systemic Complaints

Despite the best efforts of the Office with its constrained resources, headway in reducing the backlog of complaints it has received over the past few years has been limited, particularly where Commissioner-initiated complaints have been launched to address and report on systemic or recurring compliance issues. In 2006-2007, the Information Commissioner initiated 393 complaints against one government institution in which a serious and persistent delay situation existed. Each of these complaints related to an individual access requests that the institution had not answered within the statutory deadline.  With these new complaints and the 423 carried over from the previous year, the Office resolved and reported on 579 self-initiated complaints in 2006-2007. 

Enquiries

OIC received and responded to 1,085 general enquiries - 627 by phone and 458 in writing - from a variety of sources, including other government agencies, the media, and the public, during 2006-2007.

Departmental Reviews (Report Cards)

Performance Indicator	Expected Result
Report Cards	Institutions are reviewed for their compliance with the Act and any problem areas relating to compliance are identified and reported upon.

The OIC conducted 17 report card reviews in 2006-2007: nine (9) institutions received a grade of A or B, three (3) received a grade of D, and the remaining five (5) institutions were graded with an F.

By conducting these reviews, OIC raises more senior level awareness of institutional responsibilities under the Access to Information Act. As a result, nine institutions showed improved performance over previous reviews.

The expanded report card process collects and assesses data from selected government institutions on a host of performance-related variables. These expanded report card investigations allow the Commissioner to obtain early identification of problem areas, such as: abuse of time extensions, inflation of fees, failure to document reasons for exemptions, overuse of exemptions, poor records management, failure to exploit opportunities for pro-active and information disclosure, political interference, and insufficient resources and/or training.

Parliament finds value in these reviews as well. Last year, the Standing Committee on Access, Privacy and Ethics called for the appearance of representatives from five institutions who received failing grades, seeking an explanation for the institution’s poor performance and a description of the institution’s plan to rectify the situation.

Summary of Workload

 

	April 1, 2005 to March 31, 2006	April 1, 2006 to March 31, 2007
Complaints from the Public Pending from previous year Opened during the year Completed during the year Pending at year-end	1,365 1,381 1,319 1,427	1,427 1,257 1,267 1,417
Commissioner-Initiated Systemic Complaints Pending from previous year Opened during the year Completed during the year Pending at year-end	0 760 337 423	423 393 579 237
Report Cards Full review Follow-up review	4 12	3 14

Judicial Review

Performance Indicator	Expected Result
Number of cases brought before the Courts	Number of cases brought before the Courts is less than one percent

Judicial Enforcement

Legal Services provides legal advice and legal assistance to the Information Commissioner during the investigative process of any complaint. Most complaints are resolved at the end of the investigative process. However, should the Commissioner fail to resolve a dispute between a complainant and a government institution a judicial process may follow.

Where the Information Commissioner concludes that a complaint is well founded and makes formal recommendation that is not followed by a government institution, the Commissioner’s policy is to bring the matter before the Federal Court of Canada and seek to obtain an Order to compel the government institution to disclose the records at issue.

No new applications for review were filed by the Information Commissioner in this reporting year. Six applications for review were filed by dissatisfied requesters. Third parties opposing disclosure filed 15 applications and one application was initiated against the Information Commissioner by the Crown. As well, this year, with respect to access litigation, the Federal Court of Canada issued nine decisions (the Commissioner was a party in one of these cases: Information Commissioner v. Environment Canada T-555-05), the Federal Court of Appeal issued 11 decisions (the Commissioner was a party in two of these cases: Executive Director of the Canadian Accident Investigation Safety Board et al, v. Information Commissioner, A-165-05 and A-304-05), and the Supreme Court of Canada issued two decisions (the Commissioner was an intervener in these two cases: Attorney General of Canada v. H.J. Heinz Company of Canada Ltd., 30417 and Minister of Justice v. Sheldon Blank, 30553). The Supreme Court of Canada dismissed the application for leave to appeal from the judgment of the Federal Court of Appeal in Court files A-165-05 and A-304-05 (the Commissioner was the respondent in this leave application Executive Director of the Canadian Accident Investigation Safety Board v. Information Commissioner, 31528).

Additional Activities to Support the OIC Mandate

Provision of Advice

Officials of the Office of the Information Commissioner appeared eight times before Parliamentary Committees with respect to matters relating to the implications of the right of access on proposed legislation which included advice provided regarding the Federal Accountability Act. These appearances occurred as follows: on May 18, 2006 before the Legislative Committee on Bill C-2; on May 31, June 19, October 2 and November 6, 2006 with respect to the Standing Committee on Access to Information, Privacy and Ethics regarding the reform of the Access to Information Act; on June 21, 2006, before the Standing Committee on Banking, Trade & Commerce regarding the review of Proceeds of crime (Money Laundering) and Terrorist Financing Act; lastly, on September 20 and December 5, 2006, before the Senate Committee on Constitutional and Legal Affairs on Bill C-2.

Promotional Activities

In addition to its core activities to assess, investigate, review, pursue judicial enforcement and provide advice, the OIC also invests in promotional activities to further enhance compliance with the Access to Information Act through building awareness of information access rights and support for the certification of information access professionals.

Right to Know Week

An international movement began in Bulgaria in 2002 when a group of openness-in-government advocates from three dozen countries formed a coalition known as the "Freedom of Information Advocates Network" and declared the "September 28^th" date as an international day for the promotion of the individual right of access to information and open transparent governance. The day, or week, is celebrated around the world in many of the more than 70 countries that have right to know statutes.

For the first time in 2006, events were held across Canada to recognize "Right to Know Day". It was the information commissioners in all Canadian jurisdictions who took the lead in "kicking off" Canada’s first Right to Know celebrations. Their goal was to help Canadians be more aware of the existence of the right of access in Canada and to better appreciate how essential this right is to a healthy democracy. Right to Know Week 2006 in Canada was a good start; there is comforting evidence that the various events across the country attracted considerable public attention and enthusiasm for making this an annual event. For a brief description of various events throughout Canada, visit the www.righttoknow.ca website.

In 2006, the Office of the Information Commissioner of Canada co-sponsored with the Canadian Newspaper Association a forum in Ottawa on September 25 and 26. Among the speakers and panelists for the two-day event titled "Access to Information: Managing Change & Reform" were Ian E. Wilson, Librarian and Archivist of Canada, Stephen Owen and Pat Martin, Members of Parliament, David McKie and James Bronskill, journalists, Maher Arar, principal figure of the O’Connor Inquiry, to name a few.

University of Alberta IAPP Certificate Program

In 2006-2007 the OIC continued its tangible support for Canada’s only university-based, comprehensive, on-line, post-secondary level education program for access and privacy administrators. Located in the Faculty of Extension, University of Alberta, this award-winning course of study, begun in 2000, is known as the Information Access and Protection of Privacy (IAPP) Certificate Program. Courses are offered in English and French.

The OIC has been investing financial and intellectual capital in the program since 2003 to facilitate the development of new courses and to enable course materials to be developed in the French language. Since the fall of 2004 and up to March 31, 2007, one of the Office’s legal counsel was loaned to the University of Alberta to serve as manager of the IAPP Certificate Program and as an Assistant Adjunct Professor.

The collaboration continues: new OIC investigators will continue to be required to have, or obtain, IAPP certification, and the Commissioner has encouraged the President of the Treasury Board to ensure that federal ATIP administrators have access to the kind of education which the University of Alberta IAPP certificate program provides.

Recognition for the Profession of ATIP Administrator

There is a system-wide problem in recruiting and retaining qualified ATIP officers at the federal, provincial and municipal levels in Canada. Without the proper human resources to examine complaints made by parties who consider their rights under the Access to Information Act not having been respected, the Act for Canada’s freedom of information cannot be enforced.

In 2006-2007, the OIC, along with the University of Alberta and the Office of the Privacy Commissioner of Canada, supported two of Canada’s associations of access and privacy administrators (i.e., the Canadian Access and Privacy Association – CAPA, and the Canadian Association of Professional Access and Privacy Administrators – CAPAPA) who came together to spearhead an initiative to develop core competencies and a certification process for the new profession.

As well, an advisory working group of nine recognized access to information and privacy rights experts from across Canada was formed. The first phase of the initiative is complete: a set of professional competencies, or standards, were developed and approved by the working group of experts (Refer to OIC website for a description of the standards and how interested parties may learn more and provide comment). The second phase of the project, to develop a professional certification and governance process is ongoing, with a target date of completion by November 30, 2007. The OIC will encourage the Treasury Board of Canada to take a leadership role in professionalizing the federal ATIP workforce.

Section III: Supplementary Information

3.1 Organizational Information

The Information Commissioner of Canada is an Officer of Parliament who reports directly to the

Senate and the House of Commons. In addition to the Information Commissioner, the Office has a Deputy Information Commissioner. The organization of the OIC is composed of two operational branches supported by a directorate responsible for corporate management functions (finance, human resources, information technology, and information and knowledge management). The organization chart is presented below:

A new Information Commissioner, Robert Marleau, was appointed on January 15, 2007 following the departure of Canada’s third and longest serving Information Commissioner, the Hon. John M. Reid, P.C.

The Investigations and Reviews Branch is responsible for conducting the investigation of complaints from individuals who believe their rights were denied under the Access to Information Act, and for conducting Commissioner-initiated systemic complaints and reviews.

The General Counsel’s Branch provides strategic advice, recommendations and information on the legal implications of any matter pertaining to the administration of the Access to Information Act including related investigations, litigation, jurisprudence, programs, policy and legislative development.

The Corporate Services Branch provides financial, human resources, information management, information technology, and general administrative services to the OIC’s main activity. Such services are essential to the ability to manage the Office’s operations strategically, fulfill its mandate, meet the expectations of Parliamentarians and Canadians, and achieve its strategic outcomes. It also provides the important infrastructure to support the OIC’s decision-making function and to implement government-wide management initiatives.

3.2 Resource Tables

The tables in this section contain summaries of financial information under the following headings:

• Main Estimates – the OIC budget levels as set out in the 2006-2007 Main Estimates;
• Planned Spending – the planned spending at the beginning of the fiscal year as set out in the 2006-2007 Report on Plans and Priorities;
• Total Authorities – for the 2006-2007 reporting cycle, the "total authorities" column refers to total spending authorities received during the fiscal year, as well as funding received from 2006-2007 Supplementary Estimates and transfers from Treasury Board.

Table 1: Comparison of Planned to Actual Spending (including FTEs)
This table offers a comparison of the Main Estimates, planned spending, total authorities, and actual spending for the most recently completed fiscal year, as well as historical figures for actual spending.
			2006-2007
($ thousands)	Actual 2004-2005	Actual 2005-2006	Main Estimates	Planned Spending	Total Authorities	Actual
Assess, investigate, review, pursue judicial enforcement, and provide advice	5,556	5,891	8,181	8,181	8,270	6,611
Total	5,556	5,891	8,181	8,181	8,270	6,611
Plus: Cost of services received without charge	882	831	N/A	1,139	N/A	866
Total Departmental Spending	6,438	6,722	N/A	9,320	N/A	7,477
Full Time Equivalents (FTEs)	52	53	N/A	78	N/A	55
The differences between the Total Authorities and Actual are primarily due to an accommodation shortage resulting in staffing delays related to the Special Purpose Allotment entitled "Accumulated Backlog – Complaints Investigations" and the additional FTEs and related items recommended by the House of Commons Advisory Panel, approved by the Treasury Board and voted by Parliament.

Table 3: Voted and Statutory Items
This table explains the way Parliament votes resources to the department and basically replicates the summary table listed in the Main Estimates. Resources are presented to Parliament in this format. Parliament approves the voted funding and the statutory information is provided for information purposes.
($ thousands)		2006-2007
Vote or statutory item	Truncated Vote or Statutory Wording	Main Estimates	Planned Spending	Total Authorities	Actual
40	Operating Expenditures	7,188	7,188	7,277	5,911
(S)	Contributions to Employee Benefit Plans	993	993	993	700
	Total	8,181	8,181	8,270	6,611

Table 4: Services Received Without Charge
This table shows the Services Received Without Charge by OIC.
($ thousands)	2006-2007 Actual Spending
Accommodation provided by Public Works and Government Services Canada	431
Contributions covering employers' share of employees' insurance premiums and expenditures paid by TBS	346
Office of the Auditor General of Canada - audit services	87
Public Works and Government Services Canada - payroll services	2
Total 2006-2007 Services Received Without Charge	866

Table 5: Financial Statements

1.  Authority and objectives

The Office of the Information Commissioner of Canada, hereafter referred to as the Office, was created under the Access to Information Act, which came into force on July 1, 1983. The Commissioner is appointed by the Governor-in-Council following approval of his nomination by resolution of the Senate and the House of Commons. The Office of the Information Commissioner of Canada is designated, by Order-in-Council, as a department for purposes of the Financial Administration Act. As such, it is established under the authority of schedule I.1 of that Act and is funded through annual appropriations. The Commissioner is accountable for, and reports directly to Parliament on the results achieved.

The Access to Information Act is the legislative authority for the activities of the Information Commissioner and his Office. The objectives of the Office are:

• to deliver timely, thorough and fair investigations of complaints made by individuals denied information by the government;
• to encourage a culture of openness within the federal public service;
• to persuade federal government institutions to adopt information practices in keeping with the Access to Information Act;
• to bring appropriate issues of interpretation of the Access to Information Act before the Federal Court; and
• to ensure that Parliament is informed of the activities of the Commissioner’s Office, the general state of health of the right of access and any matter dealt with in the access law requiring reform.

2.  Significant accounting policies

a)  Basis of presentation

The financial statements of the Office of the Information Commissioner of Canada have been prepared in accordance with Treasury Board accounting policies which are consistent with Canadian generally accepted accounting principles for the public sector, and year-end instructions issued by the Office of the Comptroller General.

 b) Parliamentary appropriations

The Office of the Information Commissioner of Canada is financed by the Government of Canada through Parliamentary appropriations. Appropriations provided to the Office do not parallel financial reporting according to generally accepted accounting principles since appropriations are primarily based on cash flow requirements. Consequently, items recognized in the statement of operations and the statement of financial position are not necessarily the same as those provided through appropriations from Parliament. Note 3 provides a high-level reconciliation between the bases of reporting.

 c) Net cash provided by Government

The Office of the Information Commissioner of Canada operates within the Consolidated Revenue Fund (CRF), which is administered by the Receiver General for Canada. All cash receipts of the Office are deposited to the CRF and all cash disbursements made by the Office are paid from the CRF. The net cash provided by the government is the difference between all cash receipts and all cash disbursements including transactions between departments of the federal government.

 d) Due from the Consolidated Revenue Fund

Due from the CRF represents the amount of cash that the Office is entitled to draw from the Consolidated Revenue Fund without further appropriations, in order to discharge its liabilities.

 e) Revenues:

Revenues are accounted for in the period in which the underlying transaction or event occurred that gave rise to the revenues.

 f) Expenses:

 g) Receivables

Accounts receivable are stated at amounts expected to be ultimately realized. A provision is made for receivables where recovery is considered uncertain.

 h) Tangible capital assets

All tangible capital assets and leasehold improvements providing multi-year benefits to the Office with an initial cost of $2,500 or more are recorded at their acquisition cost. Similar items with a cost less than $2,500 are included in the statement of operations. Amortization of tangible capital assets is done on a straight-line basis over the estimated useful life of the asset as follows:

 i) Employee future benefits

1.  

2. Pension benefits: Eligible employees participate in the Public Service Pension Plan, a multiemployer pension plan administered by the Government of Canada. The Office’s contributions to the plan are charged to expenses in the year incurred and represent the total pension obligation of the Office to the Plan. Current legislation does not require the Office to make contributions for any actuarial deficiencies of the Plan.
3. Severance benefits: Employees of the Office of the Information Commissioner of Canada are entitled to severance benefits under labour contracts or conditions of employment. The cost of these benefits is accrued as employees render the services necessary to earn them. The obligation relating to the benefits earned by employees is calculated using information derived from the results of the actuarially determined liability for employee severance benefits for the Government as a whole.

 j)  Measurement uncertainty

The preparation of these financial statements in accordance with Treasury Board accounting policies, which are consistent with Canadian generally accepted accounting principles for the public sector, and year-end instructions issued by the Office of the Comptroller General, requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities, revenues and expenses reported in the financial statements. At the time of preparation of these statements, management believes the estimates and assumptions to be reasonable. The most significant items where estimates are used are in determining the expected useful life of tangible capital assets and in determining employee severance benefits. Actual results could significantly differ from those estimated. Management’s estimates are reviewed periodically and, as adjustments become necessary, they are recorded in the financial statements in the year they become known.

3.  Current year appropriations

1. Reconciliation of net cost of operations to current year appropriations used:
   
   

   	2007	2006
   Net cost of operations	$7,526,789	$6,976,749
   Adjustments for items affecting net cost of operations but not affecting appropriations
   Amortization of tangible capital assets	(136,883)	(214,094)
   Services received without charge from other government departments	(866,475)	(830,682)
   Change in vacation and compensatory leave	(48,480)	(5,461)
   Change in employee severance benefits	(39,164)	(111,721)
   Other	15,720	(397)
   Sub-Total	6,451,507	5,814,394
   Adjustments for items not affecting net cost of operations but affecting appropriations
   Acquisition of tangible capital assets	148,304	74,782
   Change in prepaid expenses	3,367	1,828
   Miscellaneous revenues	-	84
   Other	7,763	-
   Current year appropriations used	$6,610,941	$5,891,088

   
   
   
   
   

   Office of the Information Commissioner of Canada

   Notes to the Financial Statements

   for the year ended March 31, 2007

   
   
2. Appropriations provided and used:

    

   
   

   	2007	2006
   Parliamentary appropriations voted:
   Vote 40 - Operating expenditures	$7,276,571	$5,185,476
   Statutory amounts:
   Contributions to employee benefit plans	699,503	748,097
   	7,976,074	5,933,573
   Less: Lapsed appropriations - operating	(1,365,133)	(42,485)
   Current year appropriations used	$6,610,941	$5,891,088

   
   

    

    

3. Reconciliation of net cash provided by Government to current year appropriations used:

    

    

   
   

   	2007	2006
   Net cash provided by Government	$6,680,214	$5,987,312
   Revenue not available for spending	-	1,515
   Variation in cash and accounts receivable	(287,670)	101,368
   Variation in accounts payable, accrued liabilities and accrued employee salaries	194,914	(197,279)
   Other adjustments	23,483	(1,828)
   Current year appropriations used	6,610,941	$5,891,088

   
   

 

4.  Accounts Receivable   

 

Description	2007	2006
Accounts Receivable – External parties	$ 3,691	$ 16,800
Accounts Receivable – Other government departments	307,325	6,546
Total Accounts receivable	$311,016	$23,346

 

5.  Accounts Payable and Accrued Liabilities   

 

Description	2007	2006
Accounts Payable – External parties	$ 280,813	$ 134,656
Accounts Payable – Other government departments	77,276	13,946
Total Accounts payable and accrued liabilities	$358,089	$148,602

6. Tangible capital assets

 There were no disposals and write offs during the year.

 Amortization expense for the year ended March 31, 2007 is $136,883 (2006 - $214,094).

7. Employee benefits

8. Equity of Canada

The equity of Canada represents liabilities incurred by the Office, net of tangible capital assets, that have not yet been funded through appropriations. Significant components of this amount are employee severance benefits and vacation pay liabilities. These amounts are expected to be funded by appropriations in future years as they are paid.

9. Contractual obligations

 The nature of the Office’s activities can result in some large multi-year contracts and obligations whereby the Office will be obligated to make future payments when the services/goods are received. Significant contractual obligations that can be reasonably estimated are summarized as follows:

10. Services received without charge

During the year, the Office received without charge from other departments, accommodation, employer’s contribution to the health and dental insurance plans, audit services and payroll and cheque issuance services. These services without charge have been recognized in the Office’s Statement of Operations as follows:

11. Related party transactions

The Office of the Information Commissioner of Canada is related as a result of common ownership to all Government of Canada departments, agencies and Crown corporations. The Office enters into transactions with these entities in the normal course of business and on normal trade terms. During the year, the Office expensed $1,774,714 ($1,755,761 in 2005-06) in the normal course of business with other government departments, agencies and Crown corporations. These expenses include services received without charge of $866,475 as described in Note 10.

 

Table 6: Response to Parliamentary Committees, and Audits and Evaluations for Fiscal Year 2006–2007

Response to Parliamentary Committees

Not applicable for the year under review.

Response to the Auditor General including to the Commissioner of the Environment and Sustainable Development (CESD)

Not applicable for the year under review.

External Audits

The OIC has not been subject to an external audit conducted by the Public Service Commission or the Office of the Commissioner of the Official Languages

Internal Audits or Evaluations

Not applicable for the year under review.

Table 7: Procurement and Contracting

Points to Address	Organization’s Input
1. Role played by procurement and contracting in delivering programs	Procurement and contracting play an important role in the delivery of this Office’s program. In particular, procurement allows the Office to obtain goods and services in support of its policy and program delivery. Contracting allows the department to achieve not only operational requirements, but to spur economic growth within the Canadian economy.
2. Overview of how the department manages its contracting function	The Office operates in a centralized environment. Contracting authority is limited to a few individuals within the Office. This reflects the Office’s aim to maintain strict control over the contracting process, while at the same time facilitating managers’ deliver of quality services and programs. The Director General, Corporate Services was involved in every contract within the OIC. Major and/or upcoming contract needs are discussed at Senior Management Committee meetings, which are held weekly at the OIC. The Office complies with disclosure requirements in that it posts all contracts over $10 000 on its web site.
3. Progress and new initiatives enabling effective and efficient procurement practices	No new initiatives to report during 2006-2007.

Table 8: Travel Policies

The Office of the Information Commissioner of Canada follows the TBS Travel Directive, rates and Allowances. We also adhere to the Proactive Disclosure Policy. Information on disclosure and travel can be found on our web site at www.infocom.gc.ca.

3.3 Sources of Additional Information

Legislation Administered by the Information Commissioner

The Information Commissioner has an oversight responsibility to Parliament for the Access to Information Act R.S.C. 1985, ch. A-1, amended 1997, c.23, s. 21

Statutory Annual Reports and Other Publications

 

Statutory reports, publications and other information are available from the Office of the Information Commissioner of Canada, Ottawa, Canada K1A 1H3; tel.: (613) 995-2410 and on the OIC's Web site at www.infocom.gc.ca

• Information Commissioner's annual reports

• Report on Plans and Priorities for 2007-2008

• Performance Report to Parliament for the period ending March 31, 2006.

Contact for Further Information

Christian Picard

Director, Information Services and Knowledge Management
Office of the Information Commissioner of Canada
Place de Ville, Tower B
112, Kent Street, 4th Floor
Ottawa, Ontario K1A 1H3
Telephone: (613) 996-5839
Facsimile: (613) 995-150 1

Section IV: Other Items of Interest

4.1 Management Achievements

The Management Activity of the Program Activity Architecture serves to effectively support the delivery of Program Activity 1. This section presents the internal services that form the Management Activity, and what each service accomplished in 2006-2007.

Management Control and Accountability

During the reporting year, the OIC initiated the process of establishing an internal audit regime in order to comply with the Treasury Board of Canada’s new Policy on Internal Audit that came into effect on April 1, 2006 and requires that its implementation be phased in between April 1, 2006 and April 1, 2009. The policy’s objective is to strengthen public sector accountability, risk management, resource stewardship, and good governance by reorganizing and bolstering internal audit on a government-wide basis. For the first time, the Information Commissioner is required to establish an internal audit function, establish an independent audit committee, appoint a chief audit executive, and approve a risk-based internal audit plan. Through a Treasury Board submission, the OIC will request additional funding for this initiative. During the reporting period, the OIC started developing an Internal Audit Committee Charter and worked on the development of its first internal audit plan.

Human Resources

During 2006-2007 the OIC moved to the next phase of the Public Service Modernization Act implementation - to fully and effectively exercise its new authorities, responsibilities and roles arising from the new legislation. Some of the activities/initiatives undertaken were the continued development of the organization's staffing monitoring framework, development of new human resources policies and revision of existing policies. The OIC is now fully compliant with all mandatory requirements resulting from the new Public Service Labour Relations Act.

In addition, efforts to enhance investigator training through the enhanced training program for new and experienced investigators and the new Investigator Career Progression Program were established in 2006-2007.

Information Management / Information Technology (IM/IT)

The OIC learned on February 22, 2007 that it, as well as the other Officers of Parliament, would be subject to the Access to Information Act and the Privacy Act as of April 1, 2007. During the reporting period, the OIC started putting in place the legal and operational requirement necessary to comply with both Acts. An Access to Information and Privacy Coordinator was appointed, with full delegation to answer access requests. The OIC has established a process whereby complaints under the Act against the Information Commissioner can be independently investigated: former Supreme Court of Canada Justice, the Honourable Peter Corey, agreed to undertake the role. Arrangements are being made to meet the requirements of the National Librarian and Archivist on the management of information, and OIC Personal Information Banks are being registered with the Treasury Board. The OIC is preparing a Treasury Board submission for additional funding associated with this initiative.

Major network computer components were replaced during this fiscal year. This is due to the fact that demand for electronic documents increased and old components were more than five years old. Also, a strategic work plan was prepared to upgrade the OIC current records and management document application (RDIMS).

OIC required tracking correspondence systems to integrate with the main investigation application. User case studies and requirements were gathered to implement a new correspondent tracking system.

In 2006, for the first celebration of the Right to Know week in Canada, the OIC developed a webpage (website) with a specific address: www.righttoknow.ca/ www.droitdesavoir.ca.This website/address will become the HUB for the Right to Know in Canada and for the Right to Know celebrations in Canada. This website will be an official awareness tool for Canadians on issues relating to access to information.

The Right to Know website is currently being hosted together with the OIC website in a temporary folder. This website will be separate from the OIC’s website (www.infocom.gc.ca). The OIC’s website is to remain the official portal for the Office and its official business (i.e., investigations, annual reports, special reports, speeches etc.). The Right to Know website will complement the official one. The goal is to design a website that is appealing to a broad audience, and if the users wish to know more about the OIC activities, they can link to the official website.

Administration

The Federal Accountability Act came into force on April 1, 2007. The OIC is now subject to the Privacy Act and the Access to Information Act. The OIC has designated an Access to Information Coordinator to ensure compliance with the Acts. Additional funding will be sought and human and technological resources will need to be acquired for this program.

Communications

Through a Treasury Board submission, the OIC received additional funding to establish a communications directorate dedicated to improving its communications. The OIC has initiated the process of staffing three new positions. These positions will assist our Office to become more active in communicating with government officials and institutions, external stakeholders, the public and media.