Annual Report on the Administration of the Privacy Act 2019–2020

Table of contents

Introduction

The Privacy Act (PA), enacted in 1983, imposes obligations on federal institutions to ensure that privacy rights of individuals are respected. The PA gives Canadian citizens, permanent residents and persons present in Canada the right to access their personal information held by institutions subject to the PA and request corrections. The PA also establishes a legal framework governing the collection, retention, use, disclosure, processing, disposal and accuracy of personal information in the delivery of programs and activities of institutions subject to the PA.

Section 72 of the PA requires that at the end of each fiscal year, the head of every government institution prepare a report to Parliament on the administration of the PA within the institution.

This report describes how the Canadian Transportation Agency (CTA) fulfilled its responsibilities under the PA and section 20 of the Service Fees Act during the period beginning April 1, 2019, and ending March 31, 2020, while facing the reality of the COVID-19 pandemic.

About the Canadian Transportation Agency

The CTA is an independent, quasi-judicial tribunal and regulator that has, with respect to all matters necessary for the exercise of its jurisdiction, all the powers of a superior court.

The CTA oversees the very large and complex national transportation system, which is essential to the economic and social well-being of Canadians.

The CTA’s decision makers are regular Members appointed by the Governor-in-Council (GIC) and temporary Members appointed by the Minister of Transport from a GIC-approved roster. Members’ key functions include making adjudicative rulings, regulations, and regulatory determinations, as well as designating CTA staff to exercise the role of enforcement officers.

The CTA has three core mandates:

  • To help ensure that the national transportation system runs efficiently and smoothly in the interests of all Canadians: those who work and invest in it; the producers, shippers, travellers and businesses who rely on it; and the communities where it operates.
  • To protect the human right of persons with disabilities to an accessible transportation network.
  • To provide consumer protection for air passengers.

To help advance these mandates, the CTA has three tools at its disposal:

  • Rule-making: The CTA develops and applies ground rules that establish the rights and responsibilities of transportation service providers and users and that level the playing field among competitors. These rules can take the form of binding regulations or less formal guidelines, codes of practice or interpretation notes.
  • Dispute resolution: The CTA resolves disputes that arise between transportation service providers, on the one hand, and their clients and neighbours on the other, using a range of tools from facilitation and mediation to arbitration and adjudication.
  • Information provision: The CTA provides information on the transportation system, the rights and responsibilities of transportation service providers and users, and the CTA’s legislation and services.

Organizational Structure of the ATIP Office

During this reporting period, the Access to Information and Privacy (ATIP) Office was part of the Secretariat, Registrar Services and Information Management Directorate (SRSIMD). The Office consists of an ATIP Coordinator reporting to the Director, SRSIMD, and an ATIP analyst.

The ATIP Coordinator is responsible for the daily activities related to the administration and enforcement of the Access to Information Act (ATIA) and the PA, and for ensuring compliance with the requirements of this legislation, as well as policies, directives, and any other ATIP policy instrument issued by the Treasury Board of Canada Secretariat (TBS).

Activities of the ATIP office include:

  • processing requests for information submitted under the ATIA and the PA in accordance with legislation, regulations, policies and TBS guidelines;
  • providing advice and guidance to CTA managers and employees on the interpretation and application of the ATIA and the PA;
  • developing and offering to CTA managers and employees training and awareness sessions on how to meet their legal obligations;
  • developing policies, procedures and guidelines on how to enforce the ATIA and the PA, in accordance with instructions issued by TBS;
  • collaborating with the Office of the Information Commissioner and with the Office of the Privacy Commissioner on the resolution of complaints filed against the CTA;
  • coordinating the updating of the CTA’s Info Source publication chapter;
  • ensuring that the proactive publication requirements of Bill C-58 are met; and
  • preparing statistical and annual reports for tabling in Parliament with respect to the administration and enforcement of the ATIA and the PA.

The CTA has a service contract with Canadian Heritage (PCH) to manage the investigation process related to the verification of the security classifications of its employees. This contract is renewed annually. The personal information of employees that the CTA shares with PCH is protected A and protected B.

Open court principle

In its role as a quasi-judicial tribunal, the CTA operates like a court when adjudicating disputes and is, therefore, bound by the open court principle. This means that the CTA’s proceedings must be open and accessible to all Canadians.

Any submission or document filed with the CTA as part of a formal adjudication process will be made part of the public record without redaction, unless a claim for confidentiality has been made to and accepted by the CTA. Requests for information about decisions issued in a dispute proceeding are processed informally, and records are released in their entirety unless a request for confidentiality was granted.

While requests for information on the public record are processed informally by other areas of the CTA, the ATIP Office must also apply the open court principle when these records form part of a response to a request made under the PA.

Delegation order

Delegation orders set out the powers, duties and functions for the administration of the PA that have been delegated by the head of the institution, and specifies to whom they have been delegated.

In May 2016, the Chair and Chief Executive Officer, as head of the CTA, delegated full authority for the administration of the PA to the persons holding the positions of Director of SRSIMD and of Chief Corporate Officer, as well as partial authority to the persons holding the positions of ATIP Coordinator and of ATIP Analyst.

A copy of the signed delegation instrument is included in Appendix B.

Highlights of 2019–2020 statistical report

Bill C-58

Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, received Royal Assent on June 21, 2019, making important improvements to the openness and transparency of government.

Among the changes introduced by Bill C-58 is a new exemption to the definition of personal information for the purposes of sections 7 (use of personal information), 8 (disclosure of personal information) and 26 (information about another individual) of the PA, and section 19 of the ATIA. The fact that a ministerial staff member is or has been such as well as their name and title are no longer considered personal information for the purposes of the ATIA and the PA. This amendment applies to records created on or after June 21, 2019 (date of Royal Assent).

COVID-19: Impact on operations

On March 11, 2020, a few weeks before the end of fiscal year 2019–2020, the World Health Organization declared that COVID-19 could be characterized as a pandemic. In response to this pandemic, the Government of Canada implemented extraordinary measures to reduce the spread of the virus in order to protect the health and safety of the population and public servants, and to maintain its services to citizens.

With respect to ATIP, TBS asked federal institutions to make their best efforts to process requests and proactively publish information, to the extent that the business impacts of COVID-19 allow it. To protect the health and wellness of ATIP employees, the CTA provided the necessary equipment and tools to electronically optimize telework. Despite some network challenges, this new way of working allowed the Office to continue its operations, respecting citizens’ rights of access and meeting its obligations under the ATIA and the PA.

Requests received under the PA, consultations and informal requests

During the reporting period, the CTA received 7 new requests under the PA, a 14% increase from the previous fiscal year.

The CTA had two outstanding requests carried over from the previous year, for a total of nine active requests. The CTA was able to process all nine requests within the prescribed timelines (100%). No requests were carried over to the 2020–2021 fiscal year.

No requests for consultation were received and no informal requests were processed within the ATIP Office. However, the ATIP Office responded to three requests for consultation from employees in order to review reports.

Overview of requests received and completed in the ATIP Office over the last five years

Reporting Year Requests Received Requests Completed*
2019-2020 7 9
2018-2019 6 4
2017-2018 3 4
2016-2017 6 5
2015-2016 1 1

*includes outstanding requests from the previous fiscal year

Disposition of completed requests

The CTA disposed of the completed requests as follows: all disclosed (no case); disclosed in part (seven cases); no records exist (one case); request abandoned (one case).

Completion time and extensions for completed requests

Of the nine requests completed during the reporting period, three (33%) were completed within 30 days, and six (67%) were completed within 60 days.

The PA allows the head of a federal institution to extend the time limit for processing a request for a maximum of 30 days, in either of the following cases:

  • Paragraph 15(a)(i): meeting the time limit would unreasonably interfere with the operations of the government institution; or
  • Paragraph 15(a)(ii): consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit.

The PA also allows for a time extension under subsection 15(b) for such a period of time as is reasonable, if additional time is necessary for translation purposes or for the purposes of converting the personal information into an alternate format.

Six of the nine requests were extended under paragraph 15(a)(i) of the PA. Three requests were extended due to the large number of pages; two requests were extended due to the large volume of requests; one request was extended due to difficulty in obtaining the records.

Exemptions and exclusions

Exemptions and exclusions are the only grounds to withhold information found in records that are requested under the PA, and their application is limited and specific. During the reporting period, sections 26 and 27 were used by the CTA to deny access to requested records.

Section 26 allows for the refusal to disclose personal information about an individual other than the individual who made the request. This provision was invoked in six requests, and it is the one that has been most frequently used in the past six years.

Section 27 allows for the refusal to disclose personal information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege. This provision was invoked in four requests.

The PA states that certain types of records are excluded from its application, specifically, records to which the public has access (section 69) and records containing Confidences of the Queen’s Privy Council for Canada (section 70). The CTA did not invoke exclusions for any requests completed during the reporting period.

The CTA’s statistical report on the PA for reporting year 2019–2020 is provided in Appendix A.

Training and awareness

During the reporting period, the ATIP Office continued its outreach to CTA managers and employees. The Office provided guidance and recommendations on the application of the PA, and communicated TBS policies and guidelines through ongoing dialogue, informal discussions and group training to enable CTA employees to better meet the requirements of the PA.

The ATIP Office provided different training, including:

  • A one-and-a-half hour training for employees of the Analysis and Regulatory Affairs Directorate on the ATIA and the PA and the amendments made to those Acts by Bill C-58. The training was also intended to reiterate the roles and responsibilities of the offices of primary interest (OPIs) in each directorate.
  • A training presentation to senior management on Bill C-58 changes and the impact on the CTA.

Policies, guidelines, procedures and initiatives

The ATIP Office continued its efforts to improve and update its procedures and guidelines for processing ATIP requests, in particular to help OPIs better understand their responsibilities and the importance of their role in the records processing process. The ATIP Office also continued to restrict employees’ access to records contained in the Records, Document and Information Management System (RDIMS) and Access Pro Case Management (APCM) so that access to personal information is provided only on a “need-to-know” basis.

Transition to a digital ATIP request process

During this period, the ATIP Office rethought its improvement and process update project, and the Director of the ATIP Office established a working group, including staff from SRSIMD and the ATIP Office, to begin transitioning to a digital solution for processing requests electronically. This project will reduce paper usage and delays associated with additional steps such as scanning and loading records. The group is currently working on outlining new processing steps for the digitization of ATIP requests.

In preparation for the implementation of the new electronic process, the group prepared a new procedures manual entitled "Administration of CTA ATIP Requests" as well as new electronic forms designed for record collection for OPIs. Although the forms were at the early stage of the process, their use was hastened by COVID-19 and within a short time, were provided to OPIs to respond to ATIA and PA requests. OPIs were able to electronically submit records, their recommendations and their collection confirmation signatures. These new measures ensured continuity in the processing of requests and compliance with statutory deadlines.

The working group is continuing to advance the initiatives described and further details will be provided in the 2020–2021 report.

Bill C-58 and proactive publication requirements

To comply with the new proactive publication requirements of Bill C-58, and to post the required information on the Open Government Portal proactively within the deadline requested, the ATIP Office has been designated to coordinate the steps in this new publication process. To prevent any oversight in publication, the Office sends an email to the various CTA directorates responsible for the publication of information covered by Bill C-58 reminding them of their requirements. The Office also prepared reference documents for these branches explaining the steps in the proactive disclosure process and describing the roles and responsibilities of the key people in the process.

Summary of key files and actions taken on complaints or audits

During the reporting period, a requester filed a complaint with the Office of the Privacy Commissioner (OPC) further to the disclosure of the records related to their request. The requester alleges that the CTA improperly invoked exemptions. The CTA is working with the OPC to resolve this complaint.

A requester also filed an application for judicial review of a package of records disclosed under the PA. The matter is before the Federal Court.

Monitoring compliance

During the reporting period, the CTA continued to use the APCM system to track and monitor all administrative activities and set due dates in order to meet statutory timelines. Due dates for all actions were communicated to staff and reminders were sent as required. All actions taken have also been detailed in a separate tracking tool, and the status of each request was communicated weekly to the Chief Corporate Officer and to the Director of SRSIMD to review for performance, prioritization and issues in the processing of requests. These measures have continued despite the impact of COVID-19.

There were no requests for corrections of personal information over the reporting year.

Material privacy breaches

No material privacy breaches were identified during the reporting period.

Privacy impact assessment

The CTA did not complete any Privacy Impact Assessment in 2019–2020.

Public interest disclosures

During the reporting period, the CTA did not disclose information pursuant to paragraph 8(2)(m) of the PA.

Appendix A: Statistical Report on the Access to Privacy Act

Reporting Period: April 1, 2019 to March 31, 2020

Section 1: Requests under the Privacy Act

1.1 Number of requests

  Number of Requests
Received during reporting period 7
Outstanding from previous reporting period 2
Total 9
Closed during reporting period 9
Carried over to next reporting period 0

Section 2: Requests closed during the reporting period

2.1 Disposition and completion time

Completion Time
Disposition of Requests 1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 1 6 0 0 0 0 7
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 1 0 0 0 0 0 1
Request abandoned 0 1 0 0 0 0 0 1
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 0 3 6 0 0 0 0 9

2.2 Exemptions

Section Number of Requests
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 0
19(1)(d) 0
19(1)(e) 0
19(1)(f) 0
20 0
21 0
22(1)(a)(i) 0
22(1)(a)(ii) 0
22(1)(a)(iii) 0
22(1)(b) 0
22(1)(c) 0
22(2) 0
22.1 0
22.2 0
22.3 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 6
27 4
27.1 0
28 0
22.4 0

2.3 Exclusions

Section Number of Requests
69(1)(a) 0
69(1)(b) 0
69.1 0
70(1) 0
70(1)(a) 0
70(1)(b) 0
70(1)(c) 0
70(1)(d) 0
70(1)(e) 0
70(1)(f) 0
70.1 0

2.4 Format of information released

Paper Electronic Other Formats
0 7 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Number of pages processed Number of pages disclosed Number of requests
5321 2375 8
2.5.2 Relevant pages processed and disclosed by size of requests
Less Than 100 Pages Processed
Disposition Number of requests Pages disclosed
All disclosed 0 0
Disclosed in part 2 51
All exempted 0 0
All excluded 0 0
Request abandoned 1 0
Neither confirmed nor denied 0 0
Total 3 51
101-500 Pages Processed
Disposition Number of requests Pages disclosed
All disclosed 0 0
Disclosed in part 3 425
All exempted 0 0
All excluded 0 0
Request abandoned 0 0
Neither confirmed nor denied 0 0
Total 3 425
501-1000 Pages Processed
Disposition Number of requests Pages disclosed
All disclosed 0 0
Disclosed in part 1 738
All exempted 0 0
All excluded 0 0
Request abandoned 0 0
Neither confirmed nor denied 0 0
Total 1 738
1001-5000 Pages Processed
Disposition Number of Requests Pages Disclosed
All disclosed 0 0
Disclosed in part 1 1161
All exempted 0 0
All excluded 0 0
Request abandoned 0 0
Neither confirmed nor denied 0 0
Total 1 1161
More Than 5000 Pages Processed
Disposition Number of requests Pages disclosed
All disclosed 0 0
Disclosed in part 0 0
All exempted 0 0
All excluded 0 0
Request abandoned 0 0
Neither confirmed nor denied 0 0
Total 0 0
2.5.3 Other complexities
Disposition Consultation required Legal advice sought Interwoven information Other Total
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 0 0 0 0 0

2.6 Requests closed

2.6.1 Number of requests closed within statutory deadline
  Requests closed within statutory deadline
Number of requests closed within statutory deadline 9
Proportion of requests closed within statutory deadline (%) 100

2.7 Deemed refusals

2.7.1 Reasons for not meeting statutory deadline
Principal reason
Number of requests closed past the statutory deadline Interference with operations / workload External consultation Internal consultation Other
0 0 0 0 0
2.7.2 Number of days past deadline
Number of days past deadline Number of requests past deadline where no extension was taken Number of requests past deadline where an extension was taken Total
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 0 0

2.8 Requests for translation

Principal reason
Translation requests Accepted Refused Total
English to French 0 0 0
French to English 1 0 1
Total 1 0 1

Section 3: Disclosures Under Subsections 8(2) and 8(5)

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

Section 4: Requests for correction of personal information and notations

Disposition for correction requests received Number
Notations attached 0
Requests for correction accepted 0
Total 0

Section 5: Extensions

5.1 Reasons for extensions and disposition of requests

15(a)(i) Interference with operations
Number of requests where an extension was taken Further review required to determine exemptions Large number of pages Large volume of requests Records difficult to obtain 15(b) Translation or transfer
6 0 3 2 1 0
15(a)(ii) Consultation
Number of requests where an extension was taken Cabinet Confidences (section 70) External Internal 15(b) Translation or transfer
6 0 0 0 0

5.2 Length of extensions

15(a)(i) Interference with operations
Length of extensions Further review required to determine exemptions Large number of pages Large volume of requests Records difficult to obtain 15(b) Translation or transfer
1 to 15 days 0 0 0 0 0
16 to 30 days 0 3 2 1 0
More than 31 days 0 0 0 0 0
Total 0 3 2 1 0
15(a)(ii) Consultation
Length of extensions Cabinet Confidences (section 70) External Internal 15(b) Translation or transfer
1 to 15 days 0 0 0 0
16 to 30 days 0 0 0 0
More than 31 days 0 0 0 0
Total 0 0 0 0

Section 6: Consultations received from other institutions and organizations

6.1 Consultations received from other government institutions and organizations

Consultations Other government institutions Number of pages to review Other organizations Number of pages to review
Received during the reporting periods 0 0 0 0
Outstanding from previous reporting period 0 0 0 0
Total 0 0 0 0
Closed during the reporting period 0 0 0 0
Carried over to next reporting period 0 0 0 0

6.2 Recommendations and completion time for consultations received from other Government of Canada institutions

Number of days required to complete consultation requests
Recommendation 1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More Than 365 days Total
Disclose entirely 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

6.3 Recommendations and completion time for consultations received from other organizations

Number of days required to complete consultation requests
Recommendation 1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
Disclose entirely 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Section 7: Completion time of consultations on Cabinet confidences

7.1 Requests with Legal Services

Fewer Than 100 Pages Processed
Number of days Number of requests Pages disclosed
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
Total 0 0
101-500 Pages Processed
Number of days Number of requests Pages disclosed
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
Total 0 0
501-1000 Pages Processed
Number of days Number of requests Pages disclosed
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
Total 0 0
1001-5000 Pages Processed
Number of Days Number of Requests Pages Disclosed
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
Total 0 0
More than 5000 Pages Processed
Number of Days Number of Requests Pages Disclosed
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
Total 0 0

7.2 Requests with Privy Council Office

Fewer Than 100 Pages Processed
Number of days Number of requests Pages disclosed
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
More than 365 0 0
Total 0 0
101-500 Pages Processed
Number of Days Number of Requests Pages Disclosed
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
More than 365 0 0
Total 0 0
501-1000 Pages Processed
Number of Days Number of Requests Pages Disclosed
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
More than 365 0 0
Total 0 0
1001-5000 Pages Processed
Number of Days Number of Requests Pages Disclosed
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
More than 365 0 0
Total 0 0
More than 5000 Pages Processed
Number of Days Number of Requests Pages Disclosed
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
More than 365 0 0
Total 0 0

Section 8: Complaints and Investigations Notices Received

Section 31 Section 33 Section 35 Court action Total
1 0 0 1 2

Section 9: Privacy impact assessments (PIAs)

9.1 Privacy impact assessments

Number of PIA(s) completed 0

9.2 Personal information banks

Personal information banks
Active Created Terminated Modified
0 0 0 0

Section 10: Material privacy breaches

Number of material privacy breaches reported to TBS Number of material privacy breaches reported to OPC
0 0

Section 11: Resources related to the Privacy Act

11.1 Cost

Expenditures Amount
Salaries $42,083
Overtime $20,000
Goods and Services

 

  • Professional services contracts ($0)
  • Other ($15,398)

 

$15,398
Total $77,481

11.2 Human Resources

Resources Person years dedicated to privacy activities
Full-time employees 0.75
Part-time and casual employees 0.25
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 1.00

2019–2020 supplementary statistical report – Requests affected by COVID-19 related measures

The following table shows the total number of formal requests received during two periods: 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Table 4 – Requests received

  Number of requests
Received from 2019-04-01 to 2020-03-13 7
Received from 2020-03-14 to 2020-03-31 0
Total 7

Note: Total for Row 3 should equal the total in the Privacy Statistical Report Section 1.1 Row 1.

The following table reports the total number of requests closed within the legislated timelines and the number of closed requests that were deemed refusals during two periods 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Table 5 – Requests Closed

  Number of requests closed within the legislated timelines Number of requests closed past the legislated timelines
Received from 2019-04-01 to 2020-03-13 and outstanding from previous reporting periods 2 0
Received from 2020-03-14 to 2020-03-31 7 0
Total 9 0

Total for Row 3 Col. 1 should equal the total in the Privacy Statistical Report Section 2.6.1 Row 1 -- Total for Row 3 Col. 2 should equal the total in the Privacy Statistical Report Section 2.7.1. Col. 1 Row 1.

The following table reports the total number of requests carried over during two periods; 2019-04-01 to 2020-03-13 and 2020-03-14 to 2020-03-31.

Table 6 – Requests carried over

  Number of requests
Requests from 2019-04-01 to 2020-03-13 and outstanding from previous reporting period that were carried over to the 2020-2021 reporting period 0
Requests received from 2020-03-14 to 2020-03-31 that were carried over to the 2020-2021 reporting period 0
Total 0

Total for Row 3 should equal the total in the Privacy Statistical Report Section 1.1 Row 5.

Appendix B: May 2016 Delegation Order

The Chairman and Chief Executive Officer of the Canadian Transportation Agency, pursuant to section 73 of the Access to Information Act and section 73 of the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Chairman and Chief Executive Officer as the head of Canadian Transportation Agency, under the provisions of the Acts and regulations set out in the Schedule opposite each position. This designation replaces all previous delegation orders.

Original signed by

Scott Streiner

The Chairman and Chief Executive Officer

 2016-05-02

.

Administration of the Privacy Act
Section of the Privacy Act Description Authority Delegated to: Chief Corporate Officer Authority Delegated to: Director IMTD Authority Delegated to: ATIP Coordinator Authority Delegated to: ATIP Analyst
8(2)(j)(m) Disclosure of personal information

 

  • Authorize the disclosure of personal information for research purposes, and when it is in the public interest or it would benefit the individual to whom the information relates

 

X X    
8(4) Requests from investigative bodies

 

  • Retain a copy of the requests and a record of any information disclosed

 

X X    
8(5) Notify Privacy Commissioner of 8(2)(m) disclosures

 

  • Notify the Privacy Commissioner of any disclosure of personal information when it is in the public interest or it would benefit the individual to whom the information relates

 

X X X  
9(1) Retain record of disclosures

 

  • Retain a record of use or disclosure of personal information where the use or purpose of disclosure is not included in Info Source, and attach the record to the personal information

 

X X X  
9(4) Notify Privacy Commissioner of consistent use

 

  • Notify Privy Commissioner of the use of information or the use for which it was disclosed when that use is consistent, but not included in Info Source, and include that use in next publication

 

X X X  
10 Personal information banks

 

  • Include all personal information under the control of the CTA in personal information banks

 

X X X  
14(a) Notice where access requested

 

  • Give written notice to individuals as to whether or not access to the personal information will be given

 

X X X X
14(b) Giving access to the record

 

  • Provide access if access is to be given

 

X X X  
15 Extension of time limits

 

  • Extend time limits for responding to requests for access

 

X X X X
17(2)(b) Language of access

 

  • Decide whether the information should be translated

 

X X X  
17(3)(b) Access in an alternative format

 

  • Determine if the giving of access in an alternative format to a person with a sensory disability is necessary and reasonable

 

X X X  

Administration of the Privacy Act

Exemption provisions of the Privacy Act

Section of the Privacy Act Description Authority Delegated to: Chief Corporate Officer Authority Delegated to: Director IMTD Authority Delegated to: ATIP Coordinator Authority Delegated to: ATIP Analyst
18(2) Exempt banks

 

  • May refuse to disclose information contained in an exempt bank

 

X X X  
19(1)(2) Information obtained in confidence X X X  
20 Federal-provincial affairs X X    
21 International affairs and defence X X    
22 Law enforcement and investigation X X    
23 Information prepared by an investigative body for security clearances X X    
24 Information collected by the Correctional Service of Canada or the Parole Board of Canada X X    
25 Safety of individuals X X    
26 Personal information about another individual X X X  
27 Solicitor-client privilege X X    
28 Medical records X X    
31 Receive notice of investigations

 

  • Receive notice of intention to investigate from the Privacy Commissioner

 

X X X  
33(2) Right to make representations

 

  • Make representations to the Privacy Commissioner in the course of an investigation

 

X X X  
35(1) Privacy Commissioner’s Report

 

  • Receive the Commissioner’s report of the results and give notice of any action taken or proposed

 

X X X  
35(4) Access to be given to complainant

 

  • Give complainant access to the information after paragraph 35(1)(b) notice

 

X X X  
36(3) Review of exempt banks

 

  • Receive the Privacy Commissioner’s findings of investigation of exempt bank

 

X X X  
37(3) Compliance investigation

 

  • Receive report of the Privacy Commissioner on the review of compliance with sections 4 to 8

 

X X X  
51(2)(b) Special rules for hearings

 

  • Request that hearings referred to in subsection 51(1) be held in the national capital region

 

X X X  
51(3) Ex parte representations

 

  • On request, make representations during the hearings referred to in subsection 51(1)

 

X X X  
70 Cabinet Confidences X X    
72(2) Annual Report

 

  • Submit the annual report to Parliament

 

X X X  

Administration of the Privacy Act

Responsibilities imposed by the Privacy Regulations:

Section of the Privacy Act Description Authority Delegated to: Chief Corporate Officer Authority Delegated to: Director IMTD Authority Delegated to: ATIP Coordinator Authority Delegated to: ATIP Analyst
9 Provide reasonable facilities and set a time that is convenient for the examination of information X X X  
11(2) Upon receipt of a Correction Request Form, notify the individual that the correction has been made and notify the persons referred to in paragraphs 11(2)(b) and (c) X X X  
11(4) Where a request for correction is refused, attach a notation to the personal information reflecting that a correction was refused and notify the persons referred to in paragraphs 11(4)(b)(c) and (d) X X X  
13(1) Disclosure of information relating to the physical or mental health of an individual to a medical practitioner or psychologist for opinion as to whether disclosure of the information would be contrary to the best interests of the individual X X    
14 Examination of information in presence of a medical practitioner of psychologist X X X  

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