Annual Report on the administration of the Privacy Act 2022-2023

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 grants Canadian citizens, permanent residents and persons present in Canada the right to access their personal information held by institutions subject to the PA and to 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 Annual Report is tabled in Parliament under section 72 of the PA. This report describes how the Canadian Transportation Agency (Agency) fulfilled its responsibilities under the PA for the period beginning April 1, 2022, and ending March 31, 2023.

About the Agency

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

The Agency’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 Agency staff to exercise the role of enforcement officers.

The Agency has three core mandates:

  • To help ensure that the national transportation system runs efficiently and smoothly in the interest 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 Agency has three tools at its disposal:

  • Rule-making: The Agency 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 Agency 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 Agency provides information on the transportation system, the rights and responsibilities of transportation service providers and users and the Agency’s legislation and services.

Additional information on the Agency’s mandate is available at the following link: Canadian Transportation Agency - Canada.ca.

Open Court Principle

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

Any submission or document filed with the Agency as part of its 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 Agency. 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 Agency, the Access to Information and Privacy (ATIP) Division must also apply the open court principle when these records form part of a response to a request made under the PA.

Organizational Structure of the ATIP Division

During this reporting period, the ATIP Division was part of the Secretariat and Registrar Services Directorate (SRSD) under the Legal Services and Secretariat Branch. The ATIP Division consists of an ATIP coordinator reporting to the director of SRSD, one ATIP analyst and two ATIP junior officers reporting to the ATIP coordinator.

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

Activities of the ATIP Division 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 Agency managers and employees on the interpretation and application of the ATIA and the PA.
  • Developing and offering to Agency managers and employees training and awareness sessions on how to meet their obligations under the ATIA and the PA.
  • Developing policies, procedures and guidelines on how to enforce the ATIA and the PA, in accordance with the instructions issued by the 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 Agency.
  • Coordinating the updating of the Agency’s Info Source publication.
  • Ensuring that the proactive publication requirements of Bill C-58 are met.
  • Preparing statistical and annual reports for tabling in Parliament with respect to the administration and enforcement of the ATIA and the PA.

Delegation Order

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

In March 2022, France Pégeot, the Chair and Chief Executive Officer, as head of the Agency, delegated full authority for the administration of the ATIA and the PA to the persons holding the positions of director of SRSD and of chief corporate ATIP 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 A.

Highlights of 2022–2023

Modernized Workplace Environment - Hybrid Work Models

Prior to the COVID-19 pandemic, most public servants worked on-site full time. Flexible working arrangements, such as hybrid work models, were the exception. During the pandemic, the Government of Canada had adopted a remote-by-necessity work model for public servants to continue serving Canadians. COVID-19 demonstrated that the federal public servants could work differently, which provided the Government of Canada the opportunity to rethink the federal public service work model. The Government of Canada has chosen a common hybrid work model for all of its institutions.

During this reporting period, the Government of Canada has adopted a common hybrid work model that required public service employees to work on-site at least two to three days each week, or 40–60% of their regular schedule. In order to establish fairness and equity across workplaces, this new model has been applied to all of the core public administration and was strongly recommended to agencies to adopt a similar strategy.

The Agency has adopted the model as recommended and has been experimenting to find the best hybrid work model to support employees through this period of transition.

ATIP Division: Hybrid Workplace and Impact on Operations and Staff

The hybrid workplace model has allowed the Agency’s employees to rediscover the value of working together in-person and shared in-person experiences to support collaboration, team spirit, innovation and a culture of belonging, as prior to the COVID-19 pandemic.

The hybrid model (on-site presence) has had a positive effect on the ATIP employees. It has led to improved communication, cooperation and engagement of ATIP activities. Throughout the hybrid work model transition, the ATIP employees continue to be provided with the necessary equipment and tools to optimize telework and electronic processes. The same support is provided to all other Agency employees. In both circumstances, the ATIP Division has continued its operations, respected citizens’ right of access and met its obligations under the ATIA and the PA.

To optimize the Agency’s internal processes and client services in the administration of the ATIA and the PA within a hybrid work environment, the ATIP Division has maintained the following initiatives from the last reporting period:

Enabling Employees to Stay Productive in a Hybrid Work Environment

  • Since January 2023, ATIP employees are required a minimum attendance at the workplace, in compliance with the Direction on prescribed presence in the workplace.
  • ATIP employees have been provided with the necessary equipment to continue to work efficiently from home and in-person: laptops, mobile devices, work surfaces, keyboards, headphones, etc., access to the Agency’s Virtual Private Network (VPN) and a help-line service with the Information Technology (IT) Unit to remedy any technical problems and difficulties with the equipment or systems, AccessPro Case Management (APCM) system, AccessPro Redaction (APR) system and GoAnywhere Secure Mail for the disclosure of the records to requesters.
  • ATIP employees have been provided with additional resources to respond to increased workloads: an ATIP consultant was hired to work on the backlog of requests, on the review of the APCM administration listing and to update ATIP template emails and letters into APCM; two administrative resources were hired to perform administrative tasks and the importing of electronic records into the APR system and one experienced ATIP analyst was hired to support the ATIP coordinator with complex ATIP requests and privacy obligations. These resources were required to maintain the workflow in the electronic processing of requests and to respond to the requesters within the established timelines.
  • Both in telework or at the workplace, ATIP employees have maintained their services and activities by using different channels to communicate with their internal Agency clients, requesters and external requesters. The internal communications were transmitted by email, instant messaging (Microsoft Teams), mobile phone and video conferencing. The external communications with requesters were done by email or mobile phone.

Running Effective Operations in a Hybrid Work Environment:

  • The ATIP Division has ensured transparency in the ATIP process in relation to the “Duty to Assist” requirements, by maintaining proactive communication with the requesters in order to provide timely and complete responses.
  • The ATIP Division has performed in an evolving hybrid work model with full capacity to process ATIP requests while meeting its ATIA and PA obligations and process consultation requests from other government institutions. The results of the data collected from the two questionnaires are published on the Open Government website: Results of the ATIP Request Capacity Questionnaire - Open Government Portal (canada.ca) and are included in Appendix C - Supplemental Statistical Report of this report.
  • The ATIP Division has completed an in-depth review of the ATIP electronic process and the related materials in collaboration with the ATIP Liaison Officers (LOs), the Legal Services Division and the Communications Division. The electronic ATIP process 2023 was approved during the reporting period.
  • The ATIP Division provided ongoing support and guidance to Agency employees and management with regard to the electronic processing and the application of the ATIA and the PA. At the end of this reporting period, the electronic ATIP process 2023 and the related materials were approved and will be officially introduced to management, directorates, LOs, Offices of Primary Interests (OPIs) and new employees. Training on the new Agency’s electronic ATIP process 2023 will be reported in the next fiscal year, 2023–2024.
  • The ATIP Division has continued to coordinate the processing of the Agency’s proactive disclosure of information on the Open Canada website as required by Bill C-58.
  • The ATIP Division has continued the review of the APCM administration list to delete obsolete information and is at the final stage of completing this project. Streamlining APCM will facilitate the tracking and the processing of the ATIP requests and provide ATIP employees and senior management with up-to-date information on the status of the ATIA and PA requests received. It is worth mentioning that this will enable the system to automatically generate data for the Agency’s statistical annual reporting as opposed to having to generate it manually as done in previous years.
  • The ATIP Division, along with other government institutions’ ATIP offices, has been actively participating in TBS’s Online Request Service Pilot Project (ATIP Online Request Service [AORS]) trainings. This initiative simplifies the process of requesting government records by providing a convenient solution, which enables Canadians to submit their ATIP requests and application fees online. In 2022–2023, all 34 (100%) of the ATIA requests received by the Agency were received through AORS.
  • The ATIP Division has participated actively in the virtual TBS ATIP Community meetings. These meetings aim to update the ATIP community on ATIP considerations with regard to the Acts, policies, guidelines and to share best practices on processing requests post-COVID-19 and in the new adopted common hybrid workplace.
  • The ATIP Division has seen a stable increase of inquiries from Agency employees for the administrative review of documents and/or reports processed informally within the spirit of the application of provisions contained under the ATIA and the PA. There has also been an increase for advice and recommendations on questions about the application, disclosure, administration and processing of the ATIA and the PA.
  • The ATIP Division has received and responded (by mobile phone or email) to at least 180 informal requests/inquiries from Agency employees, clients and the general public. The ATIP Division has maintained its business relations with the Legal Services Division to work more effectively on complex ATIA and PA requests and complaints. The Legal Services Division supports the needs of ATIP employees in the processing of ATIA and PA requests and in responding to Office of the Information Commissioner of Canada (OIC) and Office of the Privacy Commissioner of Canada (OPC) complaint investigations, when required. This business relationship has resulted in developing a collaborative team environment that directly impacts the ATIP Division’s success in the administration of the ATIP activities.

Performance 2022–2023

The Purpose of the Statistical Report

Statistical reporting on the administration of the ATIA and the PA has been in place since 1983. The statistical reports prepared by government institutions provide aggregate data on the application of the ATIA and the PA. This information is made public annually and is included with the annual report which is tabled in Parliament by each institution.

The statistical reports allow the Agency to monitor trends and to respond to inquiries from members of Parliament, the public and the media regarding the administration of the ATIA.

The following table and graphic provides an overview of the Agency’s data for the last five years regarding requests received and closed under the ATIA (including the current fiscal year 2022–2023).

Overview of requests received and closed over the last five years

Overview of requests received and closed over the last five years

Details
Overview of requests received and closed over the last five years
Reporting year Requests received Requests closed* Consultation requests Informal requests
2022-2023 17 16 0 1
2021–2022 7 6 0 0
2020-2021 10 10 0 0
2019–2020 7 9 0 0
2018–2019 6 4 0 0

* Includes outstanding requests from the previous fiscal year

Interpretation of the 2022-2023 Statistical Report on the PA

The Agency’s Statistical Report (Statistical Report) details the requests received and processed under the ATIA during the period of April 1, 2022, to March 31, 2023.

This report also provides an analysis of the Statistical Report and demonstrates the Agency’s ability to meet its obligations under the ATIA during this reporting period.

Requests Received During the Reporting Period

Requests Received Under the PA

During the reporting period, the Agency had a total of 18 active PA requests. As detailed in Appendix B, one request was outstanding from the 2021–2022 reporting period and 17 new PA requests were received in 2022–2023. This is an increase of 70% (10 requests) from the seven requests it received in the 2021–2022 reporting period. The Agency closed 16 (89%) requests within the reporting period. However, two (11%) of the requests were carried over beyond the legislated timeline to the 2023–2024 reporting period.

The 17 (100%) PA requests received at the Agency were submitted online through the TBS ATIP Online Request System.

Consultation Requests Received (From Other Government Institutions)

No requests for consultation from other Government institutions were received by the ATIP Division during that period.

Consultation with Legal Services on PA Requests

The ATIP Division sought no advice from Legal Services in regard to Privacy requests.

Informal Requests

The Agency received one informal request during the reporting. The request was submitted by email to the ATIP Division. The one request (100%) was closed within 15 days during that reporting period and no records were disclosed.

Requests Closed During the Reporting Period

The following table provides an overview of the Agency’s performance on closing requests over a five-year period.

Reporting Year Requests Closed During the Reporting Requests Closed Within Legislated Timelines Performance and Percentage (%)
2022–2023 16 14 87.5%
2021–2022 6 6 100%
2020–2021 10 9 90%
2019–2020 9 9 100%
2018–2019 4 4 100%

Percentage of Requests Closed Within Legislated Timelines

The Agency closed 16 requests during the reporting period and was successful in meeting its obligations under the PA. Of the 16 requests closed, 14 were closed within the legislated timelines. The Agency has obtained a completion rate of 87.5% for processing requests under the PA. The 16 requests were closed for the following reasons: two (12%) requests were disclosed in part, four requests (25%) were abandoned, and 10 requests (63%) had no existing records in response to the requests.

During the reporting, the Agency has processed 5,273 pages and disclosed 47 pages to requesters within legislated timelines. The Agency disclosed the requested documents in e-format on two occasions.

Percentage of Requests Closed Past Legislated Timelines

The Agency was unable to close two (12%) of the 16 ATIA requests within the legislated timelines. These two requests were closed past their legislated timeline following an extension taken by the Agency. For these two requests, the Agency required an extension of time to complete their processing for reasons relating to interference with operations due to workload considerations. These requests were subsequently closed within 121-180 days.

Disposition of Closed Requests

The Agency disposed of the 16 closed requests as follows: two (12%) requests were disclosed in part; one of these requests were closed within 16-30 days, and the other request was closed in less than 60 days. Of the ten (63%) requests with no existing records: nine of the requests were closed within 15 days, and one request was closed in less than 30 days. Four (25%) requests were abandoned: two of them were closed within 15 days, and the other two requests were closed within 61-120 days.

Completion Time and Extensions for Closed Requests

Of the 16 requests closed during the reporting period, 11 (68%) requests were closed within 15 days, and two (13%) requests were closed within 30 days. Additional processing days were required under the PA to complete the following requests: one (6%) request was closed within 31–60 days, and two (13%) requests were closed between 61 and 120 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, for the following reasons:

  • 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 paragraph 15(b) for a period of time deemed reasonable for translation purposes or for converting personal information into an alternative format.

The ATIP Division determined that it could not meet legislative timelines for certain PA requests and was granted time extensions to complete their processing. The requesters were notified of the extensions taken by the ATIP Division.

Reasons and Length for Extensions and Disposition of Requests

Extended processing time was required for two (12%) of the 16 requests closed during the reporting period. Both of the requests were extended under subparagraph 15(a)(i) for interference with operations due to a large volume of pages to process.

Length of Extension and Disposition of Requests

The ATIP Division took an extension between 16 and 30 days for the two requests.

Exemptions and Exclusions of Requests

Exemptions and exclusions are the only grounds to withhold information found in records that are requested under the PA, their application being limited and specific. During the reporting period, section 26 was applied by the Agency to deny access to the 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 one request.

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 Agency did not invoke exclusions for any requests completed during the reporting period.

Interpretation of the 2022–2023 Supplemental Statistical Report on the Access to Information Act and the Privacy Act

The Agency’s Capacity to Receive and Process Records Under the PA

During this reporting period in a hybrid work environment, the Agency has been able to process the paper and electronic PA requests that were received through different channels (by mail, email and digital request) with varying security designation levels (Unclassified, Protected B, Secret and Top Secret). The processing was completed with full capacity for 52 weeks.

Outstanding Open Requests and Complaints Under the PA

At the end of the 2022-2023 reporting period, the Agency had two requests which remained open. These two requests were carried over to the next reporting period, 2023-2024. The two requests were open beyond legislated timeline as of March 31, 2023.

The Agency also has a total of one outstanding complaint which remains open from the previous fiscal year 2016-2017. During the reporting period, the Agency had that one open complaint before the Federal Court. The Agency has no open outstanding complaints in this fiscal year.

The Agency’s statistical report on the PA for reporting year 2022-2023 is provided in Appendix B and the 2022-2023 Supplemental Statistical Report on the Access to Information Act and Privacy Act in Appendix C.

Operational Resources

Operational Costs for the Administration of the PA

The total cost of operation for the administration of the PA for the Agency was $144,562, including $133,917 for employee salaries, $6,550 for overtime and $4,095 for professional services, contracts and program resources. A total of 2.532 employees were dedicated to the PA activities, including full-time employees, part-time employees, casual employees and consultants.

Initiatives and Projects to Improve Privacy at the Agency

During the current reporting period, the ATIP Division completed the projects listed in the table below. These projects have improved the ATIP Division’s internal PA process and the communication between the ATIP employees, LOs and OPIs when processing requests.

Projects Description of Project Completed
Electronic ATIP Process 2023 The ATIP Division has completed the in-depth review of the ATIP electronic process and the related materials in collaboration with the ATIP LOs, the Legal Services Division and the Communications Division. The electronic ATIP process 2023 was approved during this reporting period.
ATIP Division standardized internal communications (emails, notices, etc.) The ATIP Division standardized its internal communications with regard to communicating with OPIs, LOs and Employees on ATIP matters. The ATIP Division’s notices and electronic communications are better organized and displayed in a more professional manner. The ATIP Division continues to receive good feedback on this initiative.
ATIP Operational Spreadsheet Report The ATIP Division created a work tool for the team to keep tabs on our respective ATIP requests and daily priorities, projects, activities, and training. The Operational Report Spreadsheet has demonstrated to be useful when it is time to produce the ATIP annual report and assess the workload and projects of the ATIP employees. This tool will be reproduced every fiscal year to better capture the ATIP Division activities.
ATIP Resources Spreadsheet Report The ATIP Division created a work tool for the team to keep tabs on employees’ ATIP trainings, ATIP Community meetings, absenteeism and social activities. This tool will be reproduced every fiscal year along with the ATIP Operational Spreadsheet Report.

In addition to the actions that were taken to improve access to information at the Agency, the ATIP Division also added the following:

Training and Awareness

During this reporting period, the ATIP Division delivered no formal training but has continued its outreach to Agency managers and employees. The ATIP Division provided ongoing guidance and recommendations on the application and interpretation of the PA and communicated the TBS policies and guidelines through ongoing dialogue, informal discussions and informal group training to enable Agency employees to better meet the requirements of the PA.

However, with the arrival of one ATIP analyst and two ATIP junior officers at the ATIP Division, ongoing group and individual training were provided to them to assist in their ATIP tasks and responsibilities and to provide support on the use of the electronic ATIP process, which contributed to the achievements of the ATIP Division.

ATIP Coaching Services for Employees

Individual coaching sessions on MS Teams were provided upon request to OPIs and ATIP LOs to improve their searches for relevant records and to assist in providing a relevant record package to the ATIP Division within the established timelines.

The coaching required that ATIP employees be available to assist OPIs and/or LOs through the ongoing electronic process review by providing step-by-step training on how to respond to an ATIP and/or prepare an OPI’s response when sending a package of relevant records. The ATIP employees assisted the OPIs with formulating their recommendations by using the KOFAX Power PDF (Nuance) software. This training gave the OPIs and LOs the knowledge and skills to respond to ATIP requests and to process the requests efficiently and effectively.

Policies, Guidelines and Procedures

The ATIP Division continued its efforts to improve and update its processes and guidelines for processing ATIP requests to assist Agency employees, particularly the ATIP LOs and OPIs. These continued efforts have proven to be beneficial in assisting employees to better understand their responsibilities and the importance of their role in the processing (searching and retrieving) of records under the PA. This support maximized the efficiency in processing requests and enabled requesters to receive the requested information in a timely manner.

During the reporting period, the Agency approved the ATIP Division’s electronic ATIP process 2023 and the related materials to streamline the process for the OPIs, LOs and all employees identified in an ATIP request.

Agency employees’ access to records contained in the Records, Document and Information Management System (RDIMS) and APCM is controlled to ensure that access to personal information is provided on a “need-to-know” basis.

Transition to an Electronic ATIP Request Process

At the beginning of the reporting period, the ATIP Division continued its project from the last fiscal year, 2021–2022, which reviewed and updated the request processing, the retrieval of the records and APCM functionality. The ATIP Division has continued processing ATIP requests by using electronic material for the retrieval of the ATIA and the PA requests. The ATIP Division is now operating in a hybrid work environment and paperless environment. The ATIP Division undertook the following actions to improve the ATIP processing culture at the Agency:

  • The OPIs work with electronic forms to submit their records, recommendations and their approvals. These electronic forms have ensured continuity in the processing of requests and compliance within statutory deadlines.
  • The OPIs’ search for records is done electronically and the records found are provided in electronic format to the ATIP Division. The OPIs search the shared drives, their emails and their personal drives, while IM searches for the pertinent records in the Records, Document and Information Management System (RDIMS) and paper files. If there are relevant paper records, IM scans the records into electronic format for processing.
  • The eDOCS RM Admin Tool is used by the ATIP Division to create ATIP files in the Agency’s File Plan in RDIMS, the Agency’s corporate repository for record-keeping. The ATIP Division does not keep any paper records of ATIP requests.
  • A new shared folder named “SearchResults” has been put in place to enable the OPIs to download their records resulting from their searches. The ATIP Division can easily upload the records from the mailbox into the APR for review.
  • The approvals for the disclosure of the ATIA and PA requests records are completed by the ATIP director through APCM. The approval process to disclose the requested records to requesters is completed electronically.
  • The records are electronically disclosed to the requester through the Agency secure file transfer system “GoAnywhere”. The ATIP Division is now able to securely disclose electronic records packages larger than 30MB to the requester.
  • In order for the ATIP Division to process all ATIA requests within the legislative timelines at a percentage of 100%, the ATIP Division, in collaboration with the LOs, OPIs, IM/IT and Legal Services, continues to improve its processing efficiency and increase productivity.
  • At the end of the reporting period, the Agency approved the ATIP Division’s electronic ATIP process 2023 and the related materials. The electronic ATIP process 2023 provided the approval required by the ATIP Division to finalize the transition to electronic ATIP requests. The electronic ATIP process 2023 will make the ATIP process more manageable for the OPIs, LOs and any employees identified by an ATIP request.

Proactive Disclosure

The Government of Canada is working hard to enhance the role of Parliament and the proactive disclosure of information so Canadians are better able to hold Parliament, their government, and public sector officials accountable.

The Agency is committed to transparency and the highest ethical standards. As a result, in compliance with Bill C-58 and with the coordinating of the proactive disclosing process by the ATIP Division, the Agency has continued to proactively disclose the required publications within required deadlines.

In order to meet the publishing requirements within the timeline for the related disclosure listed below, the ATIP Division has continued to send the programs monthly and quarterly reminders to prepare and publish their respective proactive publications and prepared guidance material to assist them through the publishing process, including a descriptive table of roles and responsibilities.

  • Travel and hospitality expenses (within 30 days after the end of the month)
  • Briefing note titles (within 30 days after the end of the month)
  • Briefing packages for deputy heads (within 120 days after appointment)
  • Reports tabled in Parliament (within 30 days after tabling)
  • Briefing packages for parliamentary committee appearances (within 120 days after appearance)
  • Contracts over $10,000 (quarterly – within 30 days after the end of quarters Q1-Q3 and within 60 days after the end of Q4)
  • Reclassification of positions (quarterly – within 30 days after the end of the quarter)

The Agency’s 2022–2023 proactive disclosures are listed below and are published on the Open government portal and/or the Agency website.

Percentage of Proactive Publication Requirements Completed During the Reporting Period

The following table indicates the percentage of proactive publication requirements that were completed and published within the legislated timelines by the Agency during the reporting period 2022–2023. Many of the publications that were deemed “nil” by the program were not reported in Open Canada with the mention, “nothing to report”. Therefore the program did not report them; however, revisions are being made. In the next fiscal year, additional training will be provided and procedures and reference materials will be revised accordingly.

As broken down in the table below, the Agency completed the publishing requirements with a success rate of 100% for the following disclosures: reports tabled in Parliament, contracts over $10,000 and packages of briefing materials prepared for a deputy head or equivalent’s appearance before a committee of Parliament. The Agency also met its publishing requirements within the timelines at a rate of 83% in disclosing the titles and reference numbers of memoranda prepared for a deputy head or equivalent. For the reason explained in the paragraph above and detailed in the table below, the Agency could not meet its obligation to disclose within timelines for the following publications: Travel Expenses, Hospitality Expenses and Reclassification of positions.

Percentage of Proactive Publication Requirements that were Completed and Published Within the Legislated Timelines by the Agency in 2022-2023

All Government Institutions as defined in section 3 of the Access to Information Act
Legislative Requirement Section Publication Timeline Number of Reports Published and Submitted on Time Success Rate Percentage (%)
Travel Expenses 82 Within 30 days after the end of the month of reimbursement 4/12 submitted on time 33%
Hospitality Expenses 83 Within 30 days after the end of the month of reimbursement 6/12 submitted on time 50%

Reports tabled in Parliament
Annual Report 2021–2022 | Canadian Transportation Agency (otc-cta.gc.ca)

Departmental Plan 2023–2024 | Canadian Transportation Agency (otc-cta.gc.ca)

Departmental Results Report 2021–2022 | Canadian Transportation Agency (otc-cta.gc.ca)

Annual Report on the administration of the Access to Information Act 2021–2022 | Canadian Transportation Agency (otc-cta.gc.ca)

Annual Report on the Administration of the Privacy Act 2021–2022 | Canadian Transportation Agency (otc-cta.gc.ca)

84 Within 30 days after tabling 5/5 submitted on time 100%
Government entities or Departments, agencies and other bodies subject to the Act and listed in Schedules I, I.1, or II of the Financial Administration Act
Legislative Requirement Section Publication Timeline Number of Reports Published and Submitted on Time Success Rate Percentage (%)
Contracts over $10,000 86 Q1-3: Within 30 days after the quarter
Q4: Within 60 days after the quarter
4/4 submitted on time 100%
Grants and Contributions over $25,000 87 Within 30 days after the quarter N/A N/A
Packages of briefing materials prepared for new or incoming deputy heads or equivalent 88(a) Within 120 days after appointment N/A N/A
Titles and reference numbers of memoranda prepared for a deputy head or equivalent, that is received by their office 88(b) Within 30 days after the end of the month received 10/12 submitted on time 83%

Packages of briefing materials prepared for a deputy head or equivalent’s appearance before a committee of Parliament

Standing Committee on Transport, Infrastructure and Communities - January 12, 2023 | Canadian Transportation Agency (otc-cta.gc.ca)

Standing Committee on Transport, Infrastructure and Communities – November 28, 2022 | Canadian Transportation Agency (otc-cta.gc.ca)

88(c) Within 120 days after appearance 2/2 submitted on time 100%
Government institutions that are departments named in Schedule I of the Financial Administration Act or portions of the core public administration named in Schedule IV of that Act (that is government institutions for which Treasury Board is the employer)
Legislative Requirement Section Publication Timeline Number of Reports Published and Submitted on Time Success Rate Percentage (%)
Reclassification of positions 85 Within 30 days after the quarter 0/4 submitted on time 0%
Ministers
Legislative Requirement Section Publication Timeline Number of Reports Published and Submitted on Time Success Rate Percentage (%)
Packages of briefing materials prepared by a government institution for new or incoming ministers 74(a) Within 120 days after appointment N/A N/A
Titles and reference numbers of memoranda prepared by a government institution for the minister that is received by their office 74(b) Within 30 days after the end of the month received N/A N/A
Package of question period notes prepared by a government institution for the minister and in use on the last sitting day of the House of Commons in June and December 74(c) Within 30 days after last sitting day of the House of Common in June and December N/A N/A
Packages of briefing materials prepared by a government institution for a minister’s appearance before a committee of Parliament 74(d) Within 120 days after appearance N/A N/A
Travel Expenses 75 Within 30 days after the end of the month of reimbursement N/A N/A
Hospitality Expenses 76 Within 30 days after the end of the month of reimbursement N/A N/A
Contracts over $10,000 77 Q1-3: Within 30 days after the quarter
Q4: Within 60 days after the quarter
N/A N/A
Ministers’ Offices Expenses
*Note: This consolidated report is currently published by TBS on behalf of all institutions.
78 Within 120 days after the fiscal year N/A N/A

Info Source

Under the PA, institutions are required to identify, describe and publicly report their personal information banks (PIBs) and classes of personal information in the TBS’s annual publication, entitled Info Source. The descriptions of PIBs and classes of personal information contained in Info Source describe how government institutions inform their employees and the public about the personal information they collect and how that information is handled, used, retained and disposed. Info Source assists individuals in exercising their rights under the PA.

The Agency’s Info Source Chapter (Chapter) provides information about the Agency’s functions, programs, activities and related PIBs. The Chapter also provides individuals and employees of the Agency with relevant information to access their personal information and exercise their rights under the PA.

During the reporting year, the ATIP Division has continued to make great efforts with the programs to finalize the review of the Agency’s Chapter and provide the public with the most accurate information holdings. However, the ATIP Division postponed the review and publishing process of the Chapter due to the many operational challenges resulting from the COVID-19 pandemic measures, the implementation of the hybrid work model and the reorganizational structure of the Agency’s directorates. Therefore, the 2016 version remains available at the following web page: Access to Information and Privacy | Canadian Transportation Agency (otc-cta.gc.ca).

Personal Information Banks (PIB)

A PIB is a collection or grouping of personal information under the control of a government institution that is organized and intended to be retrieved by the name of an individual or by an identifying number, symbol or other assigned to an individual. The personal information described in the personal information bank has been used, is being used or is available for use for an administrative purpose.

The Agency has five active institution-specific PIBs and no new PIBs were created, terminated or modified during the reporting period. The Agency maintains no central PIBs.

Microsoft 365

During the reporting period, the Agency migrated its operations from Microsoft Office 2016 to the Microsoft 365 suite of cloud-based software-as-a-service applications (M365 cloud services). Office 365 offers a cloud-based version of the core Microsoft products, such as Excel, Word, PowerPoint and Outlook, with enhanced collaboration functionalities, such as multi-user editing of documents in real time. Office 365 also includes Microsoft Teams, a collaboration hub with integrated instant messaging, video conferencing, group channels and file sharing capabilities. This update to M365 cloud services has required the Agency to produce a Privacy Impact Assessment (PIA).

The ATIP Division has continued supporting the Information Technology Services through the PIA process in order for the Agency to meet the PIA requirements.

Once the Agency’s PIA is approved, it will be published on the Agency’s Website.

Summary of Key Issues and Actions Resulting From Complaints

During the reporting, the Agency received one complaint that was notified by the Office of the Privacy Commissioner of Canada (OPC) under section 31 of the PA. The complainant alleged an improper use of the time limit relating to the extension notice under section 15 of the PA. Accordingly, the OPC demanded that the Agency provide representations under section 33 of the PA. Satisfied with the representation provided by the Agency, the OPC issued, under section 35, a report of finding (ROF) confirming the complaint being well founded, resolved and the file was closed accordingly. The breakdown of the complaint is found in Appendix B.

At the end of the reporting period, the Agency had no active complaints with the OPC, but has one case from a previous reporting period pending before the Federal Court. This is indicated in Appendix C under the Interpretation of the 2022–2023 Supplementary Statistical Report on the Access to Information Act and Privacy Act.

Monitoring Compliance

During the reporting period, the Agency continued to use APCM 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 LOs and OPIs, 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 director of SRSD, ensuring the review of the performance, priorities and issues in the processing of requests.

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

Privacy Breaches

Material Privacy Breaches

According to the Directive on Privacy Breaches section 6.1.2, the institutions are required to notify the Office of the OPC, the TBS and the parties affected by the material privacy breaches.

A material privacy breach has the highest risk impact and is defined as involving sensitive personal information and could reasonably be expected to cause serious injury or harm to the individual and/or involves many affected individuals.

No material privacy breaches were identified during the reporting period.

Non-Material Privacy Breaches

A non-material privacy breach is defined as the improper or unauthorized creation, collection, use, disclosure, retention, or disposition of personal information. A privacy breach that does not attain the status of a material privacy breach is a non-material privacy breach or simply a privacy breach.

The Agency has identified no non-material breach during this reporting period.

Privacy Impact Assessments (PIA)

A PIA is not considered as complete until the final, approved copy, including all eight sections outlined in Appendix C of the Directive on Privacy Impact Assessments, has been sent to both the OPC and to the Information and Privacy Policy Division (TBS).

The Agency did not complete or modify any PIAs in 2022–2023 as the Agency’s MS 365 PIA was still in progress.

Public Interest Disclosures

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

Appendix A: Delegation Order

Details of delegation letter

The Chairman and Chief Executive Officer of the Canadian Transportation Agency, pursuant to subsection 95(1) of the Access to Information Act and subsection 73(1) 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

France Pégeot

Chair and Chief Executive Officer

Date: March 30, 2023

Access to Information Act, Access to information regulations-delegated authorities

Part 1 of the Access to Information Act – Access to government records

Table 1: Administration of the Access to Information Act
Provision Description Delegated Authority
4(2.1) Duty to assist
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
6.1 Declining to act on request
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
7 Notice where access requested / Giving access to record
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
8(1) Transfer of request to another government institution
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
9(1) Extension of time limits
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
10 Notice where access is refused
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
11 Application fee waiver or refund
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
12(2) Language of access
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
12(3) Access to record in alternative format
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
Table 2: Exemption provisions of the Access to Information Act
Provision Description Delegated Authority
13 Refuse access - Information obtained
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
14 Refuse access - Federal-provincial affairs
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
15 Refuse access - International
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
16 Refuse access - Law enforcement and investigations
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
16.5 Refuse access - Protection Act
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
17 Refuse access - Safety of individuals
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
18 Refuse access - Economic of Canada
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
18.1 Refuse access - Economic interests of certain government institutions
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
19 Refuse access - Personal information
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
20 Refuse access - Third party information
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
21 Refuse access - government
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
22 Refuse access - Testing procedures, tests and audits
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
22.1 Refuse access - Internal audit working papers and draft internal audit reports
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
23 Refuse access - Protected information – solicitors, advocates and notaries
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
23.1 Refuse access - Protected information – patents and trademarks
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
24 Refuse access - Statutory prohibitions against disclosure
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
Table 3: Other provisions of the Access to Information Act
Provision Description Delegated Authority
25 Severability
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
26 Refuse access if information to be published
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
27(1) Notice to third parties
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
27(4) Notice to third parties - Extension of time limit
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
28(1) Notice to third parties - Representations of third party and decision
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
28(2) Notice to third parties – Waiver of representations to be made in writing
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
28(4) Notice to third parties - Disclosure of record
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
33 Notice to Information Commissioner of third party Involvement
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
35(2)(b) Right to make representations to the Information Commissioner
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
37(4) Access to record to be given to complainant
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
41(2) Application for review by Federal Court by government institution
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
41(5) Respondent named in application for review by Federal Court
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
43(1) Receive copy of application for Federal Court review
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
43(2) Service or notice of application for review by the Federal Court
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
44(2) Notice to person who requested record of application for review by Federal Court
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
52(2)(b) Request that application for Federal Court review be heard and determined in the National Capital Region
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
52(3) Request and be given opportunity to make ex parte representations
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
94 Prepare annual report to Parliament
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator

Part 2 of the Access to Information Act – Proactive Publication of information

Table 4: Proactive publication of information under the Access to Information Act
Provision Description Delegated Authority
82 Travel expenses
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
83 Hospitality expenses
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
84 Reports tabled in Parliament
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
85 Reclassification of positions
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
86 Contracts over $10,000
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
88 Briefing materials
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
Table 5: Responsibilities under the Access to Information Regulations
Provision Description Delegated Authority
6(1) Transfer of request
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
7(2) Search and preparation fees
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
7(3) Production and programming fees
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
8 Method of access
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
8.1 Limitations in respect of format
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst

Privacy Act, Privacy Regulations – Delegated authorities

Administration of the Privacy Act

Table 6: Administration of the Privacy Act
Provision Description Delegated Authority
8(2)(j)-(m) Where personal information may be disclosed
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
8(4) Requests from investigative bodies
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
8(5) Notify Privacy Commissioner of 8(2)(m) disclosures
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
9(1) Retain record of personal information disclosures
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
9(4) Notify Privacy Commissioner of new consistent uses and amend index
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
10 Include personal information in personal information banks
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
14(a) Notice where access requested
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
14(b) Giving access to the record
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
15 Extension of time limits
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
17(2)(b) Decision on whether to translate a response to a privacy request in one of the two official languages
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
17(3)(b) Decision on whether to convert personal information to an alternative format
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
  • ATIP Analyst
Table 7: Exemption provisions of the Privacy Act
Provision Description Delegated Authority
18(2) Decision to refuse to disclose personal information contained in an exempt bank
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
19(1) Decision to refuse to disclose personal information obtained in confidence
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
19(2) Authority to disclose personal information obtained in confidence
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
20 Refuse to disclose personal information that may be injurious to federal-provincial affairs
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
21 Refuse to disclose personal information that may be injurious to international affairs and defence
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
22 Refuse to disclose personal information prepared by an investigative body, information injurious to enforcement of a law, or information injurious to the security of penal institutions
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
22.3 Refuse to disclose personal information created for the Public Servants Disclosure Protection Act
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
23 Refuse to disclose personal information prepared by an investigative body for security clearance
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
24 Refuse to disclose personal information collected or obtained for individuals sentenced for an offence if conditions are met
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
25 Refuse to disclose personal information which could threaten the safety of individuals
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
26 Refuse to disclose personal information about other individuals
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
27 Refuse to disclose protected information – solicitors, advocates and notaries
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
27.1 Refuse to disclose protected information – patents and trademarks
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
28 Refuse to disclose personal information relating to an individual's medical record
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
31 Receive notice of investigation by the Privacy Commissioner
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
33(2) Right to make representations to the Privacy Commissioner during an investigation
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
35(1) Receive Privacy Commissioner’s report of findings and give notice of action taken
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
35(4) Provide access to additional personal information to complainant as detailed in notice of action taken
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
36(3) Receive Privacy Commissioner's report of findings of investigation and recommendations of exempt banks
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
37(3) Receive Privacy Commissioner's report of findings and recommendations of compliance investigation
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
51(2)(b) Request that a court hearing, undertaken with respect to certain sections of the Act, be held in the National Capital Region
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
51(3) Request and be given right to make representations in section 51 hearings
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
72(1) Prepare annual report to Parliament
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
Table 8: Responsibilities of the Privacy Regulations
Provision Description Delegated Authority
9 Allow examination of the documents (Reading Room)
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
11(2) Notification of correction
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
11(4) Correction refused, notation placed on file
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
13(1) Disclosure to a medical practitioner or psychologist
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator
14 Disclosure in the presence of a medical practitioner or psychologist
  • Chief Corporate Officer
  • Director, Secretariat and Registrar Services
  • ATIP Coordinator

Appendix B: Statistical report on the Privacy Act

Name of institution: Canadian Transportation Agency

Reporting period: April 1, 2022 to March 31, 2023

Section 1: Requests under the Privacy Act

1.1 Number of requests

Table 1.1: Number of requests
  Number of requests
Received during the reporting period 17
Outstanding from previous reporting period
  • Outstanding from previous reporting period = 1
  • Outstanding from more than one reporting period = 0
1
Total 18
Closed during the reporting period 16
Carried over to the next reporting period
  • Carried over within legislated timeline = 0
  • Carried over beyond legislated timeline = 2
2

1.2 Channels of requests

Table 1.2 Channels of requests
Source Number of requests
Online 17
E-mail 0
Mail 0
In person 0
Phone 0
Fax 0
Total 17

Section 2: Informal requests

2.1 Number of informal requests

Table 2.1: Number of informal requests
  Number of informal requests
Received during the reporting period 1
  • Outstanding from previous reporting period
0
  • Outstanding from more than one reporting period
0
Total 1
Closed during the reporting period 1
Carried over to the next reporting period 0

2.2 Channels of informal requests

Table 2.2: Channels of informal requests
Source Number of requests
Online 0
E-mail 1
Mail 0
In person 0
Phone 0
Fax 0
Total 1

2.3 Completion time of informal requests

Table 2.3: Completion time
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 Total
1 0 0 0 0 0 0 1

2.4 Pages released informally

Table 2.4: Pages released informally
Less than 100 Pages Released

Number of requests
Less than 100 Pages Released

Pages Released
100-500 Pages Released

Number of requests
100-500 Pages Released

Pages Released
501-1000 Pages Released

Number of requests
501-1000 Pages Released

Pages Released
1001-5000 Pages Released

Number of requests
1001-5000 Pages Released

Pages Released
More than 5000 Pages Released

Number of requests
More than 5000 Pages Released

Pages Released
1 0 0 0 0 0 0 0 0 0

Section 3: Requests Closed During the Reporting Period

3.1 Disposition and completion time

Table 3.1: Disposition and completion time
Disposition of requests Completion time from 1 to 15 days Completion time from 16 to 30 days Completion time from 31 to 60 days Completion time from 61 to 120 days Completion time from 121 to 180 days Completion time from 181 to 365 days Completion time for More than 365 days Total
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 1 1 0 0 0 0 2
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 9 1 0 0 0 0 0 10
Request abandoned 2 0 0 2 0 0 0 4
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 11 2 1 2 0 0 0 16

3.2. Exemptions

Table 3.2: Exemptions
Section Number of requests Section Number of requests Section Number of requests
18(2) 0 22(1)(a)(i) 0 23(a) 0
19(1)(a) 0 22(1)(a)(ii) 0 23(b) 0
19(1)(b) 0 22(1)(a)(iii) 0 23(a) 0
19(1)(c) 0 22(1)(b) 0 24(b) 0
19(1)(d) 0 22(1)(c) 0 25 0
19(1)(e) 0 22(2) 0 26 1
19(1)(f) 0 22.1 0 27 0
20 0 22.2 0 27.1 0
21 0 22.3 0 28 0
    22.4 0    

3.3 Exclusions

Table 3.3: Exclusions
Section Number of requests Section Number of requests Section Number of requests
69(1)(a) 0 70(1) 0 70(1)(d) 0
69(1)(b) 0 70(1)(a) 0 70(1)(e) 0
69.1 0 70(1)(b) 0 70(1)(f) 0
    70(1)(c) 0 70.1 0

3.4 Format of information released

Table 3.4: Format of information released
Paper Electronic

E-Record
Electronic

Data set
Electronic

Video
Electronic

Audio
Other
0 0 0 0 0 0

3.5 Complexity

3.5.1 Relevant pages processed and disclosed

Table 3.5.1: Relevant pages processed and disclosed
Number of pages processed Number of pages disclosed Number of requests
5273 47 6

3.5.2 Relevant pages processed by request disposition for paper and e-record formats by size of requests

Table 3.5.2: Relevant pages processed by request disposition for paper and e-record formats by size of requests
Disposition Fewer than 100 pages processed

Number of requests
Fewer than 100 pages processed

Pages disclosed
100-500 Pages processed

Number of requests
100-500 Pages processed

Pages disclosed
501-1,000 Pages processed

Number of requests
501-1,000 Pages processed

Pages disclosed
1001-5,000 Pages processed

Number of requests
1001-5,000 Pages processed

Pages disclosed
More than 5,000 Pages processed

Number of requests
More than 5,000 Pages processed

Pages disclosed
All disclosed 0 0 0 0 0 0 0 0 0 0
Disclosed in part 2 47 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 2 0 0 0 0 0 2 5226 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 4 47 0 0 0 0 2 5226 0 0

3.5.3 Relevant minutes processed and disclosed for audio formats

Table 3.5.3: Relevant minutes processed and disclosed for audio formats
Number of Minutes processed Number of Minutes disclosed Number of requests
0 0 0

3.5.4 Relevant minutes processed per request disposition for audio formats by size of request

Table 3.5.4: Relevant minutes processed per request disposition for audio formats by size of request
Disposition Less than 60 Minutes processed

Number of requests
Less than 60 Minutes processed

Minutes processed
60-120 Minutes processed

Number of requests
60-120 Minutes processed

Minutes processed
More than 120 Minutes processed

Number of requests
More than 120 Minutes processed

Minutes processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Total 0 0 0 0 0 0

3.5.5 Relevant minutes processed and disclosed for video formats

Table 3.5.5: Relevant minutes processed and disclosed for video formats
Number of Minutes processed Number of Minutes disclosed Number of requests
0 0 0

3.5.6 Relevant minutes processed per request disposition for video formats by size of request

Table 3.5.6: Relevant minutes processed per request disposition for video formats by size of request
Disposition Less than 60 Minutes processed

Number of requests
Less than 60 Minutes processed

Minutes processed
60-120 Minutes processed

Number of requests
60-120 Minutes processed

Minutes processed
More than 120 Minutes processed

Number of requests
More than 120 Minutes processed

Minutes processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Total 0 0 0 0 0 0

3.5.7 Other complexities

Table 3.5.7: 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

3.6 Closed requests

3.6.1 Number of requests closed within legislated timelines

Table 3.6.1: Number of requests closed within legislated timelines
  Requests closed within statutory deadline
Number of requests closed within legislated timelines 14
Proportion of requests closed within legislated timelines (%) 87.5

3.7 Deemed refusals

3.7.1 Reasons for not meeting legislated timelines

Table 3.7.1: Reasons for not meeting legislated timelines
Number of requests closed past the legislated timelines Principal reason

Interference with operations/Workload
Principal reason

External consultation
Principal reason

Internal consultation
Principal reason

Other
2 2 0 0 0

3.7.2 Request closed beyond legislated timelines (including any extension taken)

Table 3.7.2: Requests closed beyond legislated timelines (including any extension taken)
Number of days past legislated timelines Number of requests past legislated timeline where no extension was taken Number of requests past legislated timeline 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 180 days 0 2 2
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 2 2

3.8 Requests for translation

Table 3.8: Requests for translation
Translation requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Section 4: Disclosures under subsections 8(2) and 8(5)

Table 4: 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 5: Requests for correction of personal information and notations

Table 5: 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 6: Extensions

6.1 Reasons for extensions

Table 6.1: Reasons for extensions
Number of requests where an extension was taken 15(a)(i) Interference with operations

Further review required to determine exemptions
15(a)(i) Interference with operations

Large volume of pages
15(a)(i) Interference with operations

Large volume of requests
15(a)(i) Interference with operations

Documents are difficult to obtain
15(a)(ii) Consultation

Cabinet confidence section (section 70)
15(a)(ii) Consultation

External
15(a)(ii) Consultation

Internal
15(b) Translation purposes or conversion
2 0 2 0 0 0 0 0 0

6.2 Length of extensions

Table 6.2: Length of extensions
Length of extensions 15(a)(i) Interference with operations

Further review required to determine exemptions
15(a)(i) Interference with operations

Large volume of pages
15(a)(i) Interference with operations

Large volume of requests
15(a)(i) Interference with operations

Documents are difficult to obtain
15(a)(ii) Consultation

Cabinet confidence section (section 70)
15(a)(ii) Consultation

External
15(a)(ii) Consultation

Internal
15(b) Translation purposes or conversion
1 to 15 days 0 0 0 0 0 0 0 0
16 to 30 days 0 2 0 0 0 0 0 0
31 days or greater 0 0 0 0 0 0 0 0
Total 0 2 0 0 0 0 0 0

Section 7: Consultations received from other institutions and organizations

7.1 Consultations received from other Government of Canada institutions and other organizations

Table 7.1: Consultations received from other Government of Canada institutions and other organizations
Consultations Other Government of Canada institutions Number of pages to review Other organizations Number of pages to review
Received during the reporting period 0 0 0 0
Outstanding from previous reporting period 0 0 0 0
Total 0 0 0 0
Closed during the reporting period 0 0 0 0
Carried over within negotiated timelines 0 0 0 0
Carried over beyond negotiated timelines 0 0 0 0

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

Table 7.2: Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation Number of days required to complete consultation requests

1 to 15 days
Number of days required to complete consultation requests

16 to 30 days
Number of days required to complete consultation requests

31 to 60 days
Number of days required to complete consultation requests

61 to 120 days
Number of days required to complete consultation requests

121 to 180 days
Number of days required to complete consultation requests

181 to 365 days
Number of days required to complete consultation requests

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

7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada

Table 7.3: Recommendations and completion time for consultations received from other organizations outside the Government of Canada
Recommendation Number of days required to complete consultation requests

1 to 15 days
Number of days required to complete consultation requests

16 to 30 days
Number of days required to complete consultation requests

31 to 60 days
Number of days required to complete consultation requests

61 to 120 days
Number of days required to complete consultation requests

121 to 180 days
Number of days required to complete consultation requests

181 to 365 days
Number of days required to complete consultation requests

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 8: Completion time of consultations on Cabinet confidences

8.1 Requests with Legal Services

Table 8.1: Requests with Legal Services
Number of days Fewer than 100 pages processed

Number of requests
Fewer than 100 pages processed

Pages disclosed
101‒500 pages processed

Number of requests
101‒500 pages processed

Pages disclosed
501‒1,000 pages processed

Number of requests
501‒1,000 pages processed

Pages disclosed
1001‒5,000 pages processed

Number of requests
1001‒5,000 pages processed

Pages disclosed
More than 5,000 pages processed

Number of requests
More than 5,000 pages processed

Pages disclosed
Total
1 to 15 0 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0 0

8.2 Requests with Privy Council Office

Table 8.2: Requests with Privy Council Office
Number of days Fewer than 100 pages processed

Number of requests
Fewer than 100 pages processed

Pages disclosed
101‒500 pages processed

Number of requests
101‒500 pages processed

Pages disclosed
501‒1,000 pages processed

Number of requests
501‒1,000 pages processed

Pages disclosed
1001‒5,000 pages processed

Number of requests
1001‒5,000 pages processed

Pages disclosed
More than 5,000 pages processed

Number of requests
More than 5,000 pages processed

Pages disclosed
Total
1 to 15 0 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0 0

Section 9: Complaints and investigation notices received

Table 9: Complaints and investigation notices received
Section 31 Section 33 Section 35 Court action Total
1 1 1 1 4

Section 10: Privacy Impact Assessments (PIAs) and Personal Information Banks

10.1 Privacy Impact Assessments

Table 10.1: Privacy impact assessments
Number of PIA(s) completed 0
Number of PIA(s) modified 0

10.2 Institution-specific and Central Personal Information Banks

Table 10.2: Institution-specific and Central Personal Information Banks
Personal information banks Active Created Terminated Modified
Institution-specific 5 0 0 0
Central 0 0 0 0
Total 5 0 0 0

Section 11: Privacy breaches

11.1 Material Privacy Breaches reported

Table 11.1: Material Privacy Breaches reported
Number of material privacy breaches reported to TBS 0
Number of material privacy breaches reported to OPC 0

11.2 Non-Material Privacy Breaches

Table 11.2: Non-Material Privacy Breaches
Number of non-material privacy breaches 0

Section 12: Resources related to the Privacy Act

12.1 Allocated Costs

Table 12.1: Allocated Costs
Expenditures Amount
Salaries $133,917
Overtime $6,550
Goods and services
  • Professional services contracts = $3,435
  • Other = $660
$4,095
Total $144,562

12.2 Human Resources

Table 12.2: Human Resources
Resources Person-years dedicated to privacy activities
Full-time employees 2.400
Part-time and casual employees 0.002
Regional staff 0.000
Consultants and agency personnel 0.130
Students 0.000
Total 2.532

Appendix C: 2022-2023 Supplemental Statistical Report on the Access to Information Act and Privacy Act

Section 1 – Capacity to receive requests under the Access to Information Act and the Privacy Act

1.1 - The following table reports the total number of weeks of received ATIP requests through the different channels between April 1, 2022 and March 31, 2023.

Table: 1.1 – Capacity to receive requests under the Access to Information Act and the Privacy Act
  Number of weeks
Able to receive requests by mail 52
Able to receive requests by email 52
Able to receive requests through the digital request service 52

Section 2 – Capacity to process records under the Access to Information Act and the Privacy Act

2.1 – The following table reports the total number of weeks of processed paper records in different classification levels between 2021-04-01 and 2022-03-31.

Table 2.1: The total number of weeks of processed paper records in different classification levels between April 1, 2022 and March 31, 2023.
  No capacity Partial capacity Full capacity Total
Unclassified – paper records 0 0 52 52
Protected B – paper records 0 0 52 52
Secret and Top Secret – paper records 0 0 52 52

2.2 – The following table reports the total number of weeks of processed electronic records in different classification levels between 2021-04-01 and 2022-03-31.

Table 2.2: The total number of weeks of processed electronic records in different classification levels between 2021-04-01 and 2022-03-31.
  No capacity Partial capacity Full capacity Total
Unclassified – electronic records 0 0 52 52
Protected B – electronic records 0 0 52 52
Secret and Top Secret – electronic records 0 0 52 52

Section 3 – Open requests and complaints under the Access to Information Act

3.1 - The following table reports the total number of open requests that are outstanding from previous reporting periods including this reporting 2022–2023.

Table 3.1: The total number of open requests that are outstanding from April 1, 2022 and March 31, 2023.
Fiscal Year Open Requests were Received Open requests that are Within Legislated Timelines as of March 31, 2023 Open Requests that are Beyond Legislated Timelines of March 31, 2023 Total
Received in 2022-2023 1 8 9
Received in 2021-2022 0 0 0
Received in 2020-2021 0 0 0
Received in 2019-2020 0 0 0
Received in 2018-2019 0 0 0
Received in 2017-2018 0 0 0
Received in 2016-2017 0 0 0
Received in 2015-2016 0 0 0
Received in 2014-2015 0 0 0
Received in 2013-2014 or earlier 0 0 0
Total 1 8 9

3.2 - The following table reports the total number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods including this reporting 2022–2023.

Table 3.2: The total number of open complaints with the Information Commissioner of Canada that are outstanding from April 1, 2022 and March 31, 2023.
Fiscal year Open Complaints were received by Institution Number of Open Complaints
Received in 2022-2023 5
Received in 2021-2022 2
Received in 2020-2021 0
Received in 2017-2018 0
Received in 2016-2017 0
Received in 2015-2016 0
Received in 2014-2015 0
Received in 2013-2014 or earlier 0
Total 7

Section 4 – Open requests and complaints under the Privacy Act

4.1 - The following table reports the total number of open requests that are outstanding from previous reporting periods including this reporting 2022–2023.

Table 4.1: The total number of open requests that are outstanding from April 1, 2022 and March 31, 2023
Fiscal Year Open Requests were Received Open requests that are Within Legislated Timelines as of March 31, 2023 Open requests that are Beyond Legislated Timelines as of March 31, 2023 Total
Received in 2022-2023 0 2 2
Received in 2021-2022 0 0 0
Received in 2020-2021 0 0 0
Received in 2019-2020 0 0 0
Received in 2018-2019 0 0 0
Received in 2017-2018 0 0 0
Received in 2016-2017 0 0 0
Received in 2015-2016 or earlier 0 0 0
Total 0 2 2

4.2 - The following table reports the total number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods including this reporting 2022–2023.

Fiscal year Open Complaints were received by Institution Number of Open Complaints
Received in 2022-2023 0
Received in 2021-2022 0
Received in 2020-2021 0
Received in 2019-2020 0
Received in 2018-2019 0
Received in 2017-2018 0
Received in 2016-2017 1
Received in 2015-2016 0
Received in 2014-2015 0
Received in 2013-2014 or earlier 0
Total 1

Section 5 – Social Insurance Number (SIN)

Has your institution begun a new collection or a new consistent use of the SIN in 2022-2023? No

Section 6 – Universal Access under the Privacy Act

How many requests were received from confirmed foreign nationals outside of Canada in 2022-2023? 0
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