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April 1, 2003 to March 31, 2004
Portfolio of Public Safety and Emergency Preparedness Canada

Table of contents

1. Preface

Department of Public Safety and Emergency Preparedness Canada

In December 2003 the Government announced the creation of the Department of Public Safety and Emergency Preparedness to succeed the Department of the Solicitor General, which was established in 1966 by the Department of the Solicitor General Act.

The Solicitor General's mandate evolved over the years, resulting in a portfolio comprising the Department, the Royal Canadian Mounted Police, the Correctional Service of Canada, the Canadian Security Intelligence Service, the National Parole Board, the Canada Firearms Centre (the Firearms Centre reports to Parliament separately on their administration of Access to Information and Privacy legislation), the Office of the Correctional Investigator, the Office of the Inspector General of CSIS, the RCMP External Review Committee and the RCMP Public Complaints Commission.

The functions of the Office of Critical Infrastructure and Emergency Preparedness (OCIPEP), and of the National Crime Prevention Centre, were added to the new Department of Public Safety and Emergency Preparedness, and the new Canada Border Services Agency joined the other Agencies under the umbrella of the new Department. As a result, the responsibilities of Public Safety and Emergency Preparedness include emergency preparedness, crisis and consequence management, physical and cyber critical infrastructure, national security, corrections, policing, oversight, crime prevention and border security.

The Department provides strategic policy advice, delivers community safety programs, national emergency preparedness and critical infrastructure programs and services, and supports the Minister on all aspects of her mandate, including providing direction to the Agencies, ensuring accountability to Parliament for the Agencies and national public safety leadership.

The new Department is headed by the Deputy Minister and is reorganized into five branches:

The Royal Canadian Mounted Police (RCMP) has a mandate to enforce Canadian laws, prevent crime and maintain peace, order and security. As well as providing investigative and protective services to other federal departments and agencies, the RCMP provides police services to provinces, municipalities and territories under contract.

The Canadian Security Intelligence Service (CSIS) collects, analyses and retains information and intelligence respecting activities that may on reasonable grounds be suspected of constituting threats to the security of Canada. It reports to and advises the Government of Canada in relation to those activities. Within this mandate, the Service may be asked to provide security assessments to federal departments, to the government of a foreign state, an international organization of states, or any one of their institutions.

The Correctional Service of Canada (CSC) is responsible for administering the sentence of offenders sentenced to two years or more. This responsibility includes:

The mission of the Service well articulates its role and responsibilities to both public and offenders: "The Correctional Service of Canada, as part of the criminal justice system and respecting the rule of law, contributes to the protection of society by actively encouraging and assisting offenders to become law-abiding citizens, while exercising reasonable, safe, secure and humane control."

The National Parole Board (NPB) has exclusive authority to grant, deny and control the conditional release of persons serving sentences of imprisonment in federal institutions and provincial jails in provinces that do not have a provincial parole board.

It has the power to revoke the release of any individual who has breached any of the conditions of parole. The NPB also investigates and makes recommendations for pardons and for the exercise of the royal prerogative of mercy.

The Canadian Security Intelligence Service Act requires the Inspector General to monitor Canadian Security Intelligence Service (CSIS) compliance with its operational policies; to review CSIS operational activities; and to submit to the Minister certificates stating the extent to which she is satisfied with the reports of the CSIS Director and whether any act or thing done by CSIS in the course of its operational activities during the period to which the report relates is, in the opinion of the Inspector General:

(a) not authorized by or under the CSIS Act or contravenes any directions issue by the Minister; and,

(b) involves an unreasonable or unnecessary exercise by the CSIS of any of its powers.

The Royal Canadian Mounted Police External Review Committee was created by Part II of the Royal Canadian Mounted Police Act, R.S.C., 1985, c.R-10, as amended, as an independent and impartial body to review appeals of formal discipline, appeals of discharge or demotion, and certain types of grievances involving regular and civilian members of the RCMP. The Committee independently reviews cases referred to it and submits recommendations to the Commissioner of the RCMP.

The Commission for Public Complaints Against the Royal Canadian Mounted Police, a designated organization independent from the RCMP, reviews complaints about the conduct of members of the RCMP, investigates complaints and holds hearings into complaints, which are either referred to the Commission by dissatisfied complainants or are initiated by the Chair of the Commission pursuant to provisions in Part VII of the RCMP Act.

The Office of the Correctional Investigator (OCI) investigates complaints from or on behalf of incarcerated persons and reports upon problems identified. Essentially, the OCI is an ombudsman who endeavours to resolve complaints by administrative action.

The Prime Minister announced the creation of the Canada Border Services Agency (CBSA) on December 12, 2003. The CBSA brings together key border security and intelligence functions previously carried out by three Government organizations: the Customs program from the Canada Customs and Revenue Agency (CCRA); the Intelligence, Interdiction, and Enforcement program from Citizenship and Immigration Canada CIC); and Import Inspection at Ports of Entry from the Canadian Food Inspection Agency (CFIA). The CBSA is part of the new portfolio of Public Safety and Emergency Preparedness Canada (PSEPC) and is an integral component of Canada's national security approach. The President of the CBSA reports directly to the Minister of Public Safety and Emergency Preparedness.

2. Department of Public Safety and Emergency Preparedness Canada

Departmental organization of ATIP activities

The Access to Information and Privacy (ATIP) Unit is part of Strategic Policy and Operations. It is composed of the Coordinator, two analysts and an administrative officer.

The powers, duties and responsibilities associated with the granting of access, as well as the administration of the Access to Information Act and the Privacy Act, are delegated to the Coordinator. The approval of exemptions, however, remains with the Deputy Minister, the Senior Assistant Deputy Minister and the four Assistant Deputy Ministers.

Consultation requests, which comprise a significant portion of the workload, are routinely received from other government institutions. During this year the Department received 91 consultations under the Access to Information Act and 12 under the Privacy Act. The Department also initiates consultations with other government institutions during its processing of formal ATIP requests. These consultations accounted for approximately 95 per cent of extensions of the statutory time limit for responding to requests.

The Department has established the following procedures for processing ATIP requests:

The ATIP Unit undertakes the responsibility of ATIP administration generally by: creating access request files; documenting actions taken; assessing fees and costs; sending statutory notices to applicants, third parties, and the Information and Privacy Commissioners; compiling statistics; initiating consultations; providing advice on interpretation/application of the legislation and, when requested, in-house training; negotiating the resolution of formal complaints; advising applicants, third parties and complainants of their rights and obligations under the legislation; and preparing the Department's annual report on the administration of the Acts.

ATIP Implementation

Training and Familiarization
The training of departmental ATIP staff is accomplished through work experience and ATIP-related workshops, conferences, and training sessions.

Training and familiarization for the departmental staff are normally done on an informal basis whenever the need arises, which is usually during the processing of a request. Short training courses are provided by the ATIP Unit upon request, and an ATIP procedures manual is available on the InfoNet for consultation by directorate officials.

Public reading room
The Public Safety and Emergency Preparedness Canada public reading room is located on the ground floor of the Sir Wilfrid Laurier Building, 340 Laurier Avenue West, Ottawa and is open from 10:00 a.m. to 3:00 p.m., Monday to Friday. As required by subsection 71(1) of the Access to Information Act, it provides access to a wide range of administrative and operational policy manuals used by the Department employees in administering government programs or activities that affect the public. Manuals displayed in the reading room are those used by the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, the National Parole Board, the Correctional Service of Canada and the Department.

The public reading room also maintains a supply of the Department's publications covering various aspects of the criminal justice system in Canada.

All records previously disclosed under the Access to Information Act by the Department's ATIP Unit are available in the reading room. Should anyone wish to have a copy of a previously released record, only photocopying costs are charged.

Administration of the Access to Information Act

Statistical Reports - Interpretation/Explanations
The Department received 128 requests under the Access to Information Act during fiscal year 2003-2004. Thirty-two requests were carried forward from the last fiscal year, for a total of 160 requests; 136 of these were completed during this reporting year. The remaining requests will be carried over to next year's report.

Requests were disposed of as follows:

Forty-six extensions were required to carry out consultations with other federal government institutions and nine were for searching relevant records.

Thirty-five requests referred to in the "unable to process" category refer to those cases where no information was located.

The 128 requests received by the Department can be broken down into the following categories:

The 128 requests received by the Department can be broken down into categories.
Source of Requests Number Percentage
Media 69 54
Academia 3 2
Business 5 4
Organizations 24 19
Public 27 21
Total 128 100

* Please refer to the Appendix for a complete statistical report.

Formal/informal interface
Whenever possible, information is provided informally by the Department without having requesters resort to the formal procedures of the Act. For example, Communications responds to informal requests for information, and the Department has a home page on the Internet.

Investigations
Eleven complaints were filed with the Information Commissioner. Five complaints were reported from the previous fiscal year. The investigations of 11 of the complaints were completed during this year. The Information Commissioner's findings with respect to the complaints are:

The Information Commissioner's findings with respect to the investigations of 11 of the complaints were completed during this year.
Reasons for complaint Number of complaints Resolved Discontinued Not well founded
Denial of access 6 4 1 1
Delay 5 5 0 0

Administration of the Privacy Act

Statistical Report - Interpretation/Explanation
The Department received 20 requests under the Privacy Act. Two requests were outstanding from the previous period. Twenty-one of the 22 requests were completed during the reporting period. The requests were disposed of as follows:

*Please refer to the Appendix for a complete statistical report.

Eighteen requests were processed within 30 days and three requests within 61 to 120 days.

Four requests were placed in the "unable to process" category as records did not exist. Eight requests were also classified in the same category as we could neither confirm nor deny the existence of records.

Formal/Informal Interface
No informal requests were processed by the ATIP Unit. It remains departmental policy that employees may have access to their own personnel files without having to apply formally under the Act.

Investigations
Three complaints were filed with the Privacy Commissioner. Five complaints were reported from the previous fiscal year. The investigation of five of the complaints was completed during this fiscal year. The investigation of the remaining three complaints is ongoing. The Privacy Commissioner's finding with respect to the complaints are:

The Information Commissioner's findings with respect to the investigations of remaining complaints were completed during this year.
Reasons for complaint Number of complaints Well not founded Well founded Discontinued
Denial of access 1 0 1 0
Delay 4 0 4 0

Use And Disclosure
All personal information in the Department is used for the purposes for which it was obtained or compiled.

3. Royal Canadian Mounted Police

Departmental organization of ATIP activities

The Royal Canadian Mounted Police (RCMP) established the Access to Information and Privacy Branch in 1983 to act as the central contact point for matters arising from the Access to Information and Privacy Acts. The Branch processes all formal access requests, and develops and monitors policies and procedures within the RCMP.

The officer in charge is the Access to Information and Privacy Coordinator, whose powers include full authority to administer the legislation and sign exemptions and releases. The Branch consists of six sections: the Policy and Program Services Section, three Disclosures Sections, the Disclosure Processing Section and the Planning and Administrative Services Section. All resources are committed full-time to the administration of the legislation. The majority of positions require experienced police officers, from a variety of enforcement programs, trained as ATIP analysts. This ensures that sensitive law enforcement information is properly protected, reduces the need for time-consuming consultations with program managers concerning ATIP requests, and in turn, preserves credibility with the law enforcement community, international agencies, and other federal departments and information sources.

Requests for access are processed as follows:

A processing log is kept of all action taken by staff, indicating the date the request is received, the time taken to process the request and the completion date.

Consultation with other federal government institutions takes place when their information is contained in RCMP records. The RCMP normally follows departments' recommendations as to disclosure of their information. The Legal Services Directorate is consulted regularly on contentious issues and affidavits for Federal Court cases.

ATIP implemetation

Senior management supports the promotion of awareness of the legislation to ensure the rights of all are protected, while allowing the RCMP to effectively carry out its legislated mandate. The education of employees of the RCMP, in respect to their rights and responsibilities under this legislation, continues:

In 2003-2004, 1012 new cadets were given training regarding the Access to Information and Privacy Acts at the Academy in Regina, Saskatchewan.

Nineteen presentations were made to a total of 725 participants.

RCMP vetted manuals continue to be maintained at the Access to Information and Privacy Branch and at the reading room, 340 Laurier Avenue West, Ottawa. Under existing procedures, public access to the manuals is provided to the detachment level by this Branch.

Administration to the Access to Information Act

Statistical Reports - interpretation/explanations
The RCMP received 855 requests under the Access to Information Act during this reporting period, an increase of 261 requests over 2002-2003. Seventy-eight requests, received late in the previous period, were brought forward and processed during this year. One hundred and forty-one requests received during the latter portion of this period have been carried forward.

A total of 792 requests were completed during this year. The disposition of these requests is as follows:

*Please refer to the Appendix for the Statistical Report for 2003-2004.

During the reporting period, 25 time extensions of over 30 days were taken. One of these extensions was needed to consult other institutions and 24 were for searching and retrieving information.

One hundred and thirty-two requests were in the "unable to process" category as a result of either no fee being enclosed, no record located, or an absence of sufficient information to process the request.

All fee waiver requests are considered pursuant to section 11(6) of the Access to Information Act, the Treasury Board Policy Guidelines, and the Ministry's 1986 policy on fees and fee waivers. Fees under $10 are waived as a matter of policy. Fees between $10 and $25 may be waived without a fee waiver request, at the discretion of the Access to Information and Privacy Coordinator. The rationale used in making the decision to approve the fee waiver request is recorded, including the amount, and is based on whether the information is normally available without charge or the degree to which the general public will benefit from the release of the information. In 58requests, fees of $299 were waived. Total fees collected for this period were $8,772.90.

Source of requests

Consultations
Three hundred and ninety-six consultations were processed in this reporting period. Twenty requests received late in the year were carried forward to 2004-2005.

Formal/Informal Interface
All disclosures respecting formal requests under the Access to Information Act must be approved by the Access to Information and Privacy Coordinator. Informal requests are approved routinely by other policy centers across the Force, but no centralized statistics are maintained. The reading rooms have not had a significant impact on the number of formal requests.

Institutional Policies
Policy is in place in the RCMP Administration, Operational and Informatics Manuals addressing the formal and informal release/disclosure of information, with an appendix relating specifically to Public Access, Reading Rooms and Division ATIP Coordinators. Division Coordinators ensure detachments/units are aware of the need for immediate response for requested material to meet the processing time limits set out by the Act. RCMP policy regarding fees, depositing funds to the Receiver General, and processing access request forms are found in the Administration Manual. The manuals are amended and updated on a continuing basis to keep abreast of revisions in the ATIP legislation and Treasury Board Guidelines.

Investigations
Fifty complaints were filed with the Information Commissioner and 28 were outstanding from the previous reporting year. The investigations of 37 of these 78 complaints were completed during this year as follows:

Fifty complaints were filed with the Information Commissioner and 28 were outstanding from the previous reporting year. The investigations of 37 of these 78 complaints were completed during this year.
Reasons for complaint Number of complaints Settled during investigation Not well founded Resolved Well founded
Non disclosure 16 2 5 9  
Time to prepare 7 1   6  
Other 14 1 5 7 1
Total 37 4 10 22 1

Administration of the Privacy Act

Statistical Reports - Interpretation/Explanations
The Royal Canadian Mounted Police received 1,627 formal requests under the Privacy Act during this reporting period, a decrease of 72 from the previous period. Two hundred and eighty-five requests, received late in the previous period, were brought forward and processed this year. Three hundred and twenty requests received during the latter portion of this period have been carried forward.

A total of 1,592 requests were completed during the year. The disposition of these requests is as follows:

The Appendix gives a complete statistical report.

Consultations
A total of 632 consultations were processed in 2003-2004. Seventeen requests received late in the year were carried forward to 2004-2005.

Three requests were abandoned. In those cases, the requesters had obtained the information by other means or requested cancellation without explanation.

Formal/informal interface
The Access to Information and Privacy Coordinator is responsible for all formal requests under the Privacy Act. Informal privacy requests are approved routinely by other responsibility centers across the Force. Included in the informal requests are Criminal History Records, Bank PU-030 which are processed by Criminal History Branch. A total of 8,503 Criminal History requests were processed this year.

Institutional policies
The Royal Canadian Mounted Police Administration, Operational and Informatics Manuals contain policy which cover the collection, access, retention, disposition, use and disclosure of personal information. Regular amendments to these manuals keep RCMP policy current with the ATIP legislation and Treasury Board Guidelines. Chapter III.11 of the Administration Manual is the primary body of policy and procedures for privacy matters.

Investigations
Eighty-six complaints were filed with the Privacy Commissioner, and 54 were outstanding from the previous reporting year. The investigation of 113 of these 140 complaints were completed during this year as follows:

Eighty-six complaints were filed with the Privacy Commissioner, and 54 were outstanding from the previous reporting year. The investigation of 113 of these 140 complaints were completed during this year.
Reasons for complaint Number of complaints Resolved well founded Not substantiated Discontinued Settled during investigation
Use & Disclosure 7 1 3   3
Refused access 59 12 33 1 13
Time limits 38 25 12 1  
Other 9   8   1
Total 113 38 56 2 17

Carried forward from 2002-2003: 54 Outstanding: 27

Federal court cases
As of March 31, 2004, there were five federal court cases pending under the Privacy Act.

Disclosures under Paragraph 8(2)(e)
Disclosures under 8(2)(e) of the Privacy Act can only be made by the Access to Information and Privacy Coordinator, the Director, Public Affairs and Information, and the Commissioner. Policy requires that all requests for disclosure under 8(2)(e) be forwarded to the Access to Information and Privacy Coordinator for decision. There were five requests for disclosure under paragraph 8(2)(e) during this reporting period.

Use and Disclosure
The Royal Canadian Mounted Police predominantly collects personal information for law enforcement and administration, and investigation purposes. Policies presently exist stipulating how personal information is to be collected, used, and stored and under what circumstances it may be disclosed or destroyed. All formal disclosures are made by the Access to Information and Privacy Branch, thus ensuring compliance with privacy legislation.

The Policy and Program Services Section provides assistance to other directorates and field divisions, on a continuous basis, to ensure personal information is used or disclosed in accordance with the provisions of the Privacy Act and both RCMP and Government (Treasury Board Guidelines) policies.

The RCMP continues to review its data matching systems to ensure compliance with existing Treasury Board Guidelines.

4. Canadian Security Intelligence Service

Departmental organization of ATIP activities

Processing a request
All complete requests are date stamped and logged into a database when received. A record search is conducted by experienced employees. All relevant records are photocopied and reviewed in keeping with the purpose of the Acts, and information is withheld under the Acts' protective provisions only if its disclosure would be harmful. The information is released to the applicant, together with any notification of rights prescribed by the Acts.

Administrative documentation
All actions relating to the processing of a request are documented in the file opened for this purpose.

Decision-making structure
The Access to Information and Privacy (ATIP) Section is part of the Director's Secretariat.

The ATIP Section fiscal year establishment was 13 positions during 2003-2004, which were not fully staffed throughout the reporting period. This Section comprises a Departmental ATIP Coordinator, special projects and litigation officer, three supervisors, seven information analysts, and one clerk. All the staffs in the Section are fully dedicated to the administration of the ATIP program within the Canadian Security Intelligence Service (CSIS). The CSIS Legal Services Branch provides legal advice as required.

The primary role of the Departmental ATIP Coordinator is to ensure that CSIS complies with the requirements of the ATIP legislation, including the protection of individuals' privacy and the protection of national security assets. This manager has the delegated authority to invoke any of the exemption provisions provided in the Act, except the provision respecting federal provincial affairs. The Director and the Assistant Director, Secretariat have also been delegated the authority to invoke exemptions, including the federal provincial affairs provision.

The Departmental ATIP Coordinator of another government institution is consulted whenever information relevant to the request was supplied by that institution. The consultation is initiated as soon as possible to help meet the legislated time frame for processing access requests.

Conversely, CSIS receives consultations from other government institutions. In 2003-2004, there were 207 consultations completed under the Access to Information Act, and 162 consultations completed under the Privacy Act.

The time taken to process consultations represents approximately 50 per cent of the workload.

ATIP Implementation

Training
Training was acquired through government sponsored workshops and ATIP related conferences. It was also acquired through on the job experience, and by analysing the impact of Federal Court decisions on CSIS concerning ATIP cases.

Sessions on the ATIP legislation are given at general and specialized courses within CSIS. A number of briefing sessions were provided to senior management throughout the year. As well, lectures were given to Intelligence Officer entry classes; to the Investigators' course; to Security Screening employees and to new employees.

Reading Room
The Service's public reading room is located in the Public Safety and Emergency Preparedness Public Reading Room at 340 Laurier Avenue West, Ottawa.

Administration of the Access to Information Act

Statistical Reports - Interpretations/Explanations
CSIS received 91 requests under the Access to Information Act. Three requests were carried over from 2002-2003. The disposition of requests completed is as follows:

* Please refer to the Appendix for a complete statistical report.

(Note: Included in the "unable to process" category are 23 requests for which information relevant to the request was not located, and 3 where it was necessary to invoke section 10(2) of the Access to Information Act, which permits an institution to neither confirm nor deny the existence of requested records.)

Seven extensions were required to carry out consultations with other institutions, four extensions were required as the request necessitated a search of a large number of records, and one request required third party consultations.

Fee waiver requests are considered in accordance with Section 11 (6) of the Access to Information Act and Treasury Board Policy and Guidelines. Fees under $25 are waived without a fee waiver request. Fees over $25 are assessed, and are waived only under exceptional circumstances. The rationale used in deciding to waive fees is based on the degree to which public benefit is obtained through the release. The Service waived fees in the amount of $697.

Application fees in the amount of $440 were collected.

The 91 requests received by CSIS can be broken down into the following categories:

The 91 requests received by CSIS are broken down into categories.
Source of requests Number Percentage
Media 37 42
Business 24 27
Public 30 31
Total 91 100

Investigations
The ATIP Section assists the Information Commissioner and his staff in their investigation of complaints lodged against CSIS.

Three complaints were filed with the Information Commissioner and three complaints were outstanding from the previous reporting period. The Commissioner completed the investigation of three complaints during the reporting period. His findings in respect to these complaints are as follows:

Three complaints were filed with the Information Commissioner and three complaints were outstanding from the previous reporting period. The Commissioner completed the investigation of three complaints during the reporting period and did these findings.
Reasons for complaint Number of complaints Resolved Not substanciated
Non-disclosure 2   2
Time extension 1 1  
Total 3 1 2

Administration to the Privacy Act

Statistical Report - Interpretation/Explanations
CSIS received 284 requests under the Privacy Act. Twenty-five were carried over from 2002-2003. The disposition of the 309 completed requests is as follows:

* Please refer to the Appendix for a complete statistical report.

(Note: Included in the "unable to process" category are 153 requests for which the information relevant to the requests was not located; and 12 requests, where it was necessary to invoke section 16(2) of the Privacy Act, which permits an institution to neither confirm nor deny the existence of requested records. Included in the "exempt" category are the 55 requests made to the CSIS exempt bank.)

A total of 39 extensions were required in order to complete the processing of certain requests.

Investigations
The ATIP Section assists the Privacy Commissioner and his staff in their investigations of complaints lodged against CSIS.

The investigation of 48 complaints was completed during the reporting period. The Commissioner's findings in respect of the completed complaints are as follows:

The ATIP Section assists the Privacy Commissioner and his staff in their investigations of complaints lodged against CSIS. The investigation of 48 complaints was completed during the reporting period.
Reasons for complaint Number of complaints Not well founded Resolved Abandoned
Delay 2 2 0 0
Non-disclosure 46 41 4 1
Total 48 43 4 1

5. Correction Services Canada

Departmental organization of ATIP activities

Processing of requests
Requests under the Privacy legislation are largely received from offenders (over 90% of total requests) from the five regions of the Correctional Service of Canada (CSC) to the ATIP Division at National Headquarters in Ottawa for processing.

The media, academia, businesses, organisations and the public submit requests under the Access to Information legislation.

The Division also responds to informal requests. Consultations from other departments are also processed.

A master electronic control log (ATIP flow) is maintained for tracking the processing of all requests and related records.

An ATIP compliance manual has been developed. The purpose of this manual is to provide all CSC managers and employees with guidelines for the interpretation and application of the ATIP legislations.

Other
The Information Commissioner (IC) conducted a review of CSC's Access to Information (AI) function. The results of the Report Card were published in the Information Commissioner's Annual Report to Parliament in June 2003.

The measures taken since the review have resulted in the reduction in the number of non-compliant cases to 6.6% compared to 48.9% in the previous fiscal year. The average of 93.4% of requests received was completed in accordance with the legislation compared to 51.1% reported in the previous year. This is the result of an increased level of trained staff in ATIP as well as compliance monitoring and follow-up.

On average CSC receives 5,500 Privacy requests per year from offenders and approximately 500 requests from CSC staff for their files. For fiscal year 2003-2004, as a result of requests submitted in bulk from Correctional Officers and offenders, CSC received 25,677 requests. In summary, CSC has experienced a challenge in meeting its legislated time frames to provide applicants with their files, and the Office of the Privacy Commissioner has subsequently received 1,600 complaints.

Decision-making process
The ATIP Division is under the general direction of the Director General, Rights, Redress and Resolution Branch. The Director and Deputy Director ATIP have full delegated authority for the Access to Information Act. As well, the Director, the Deputy Director and the Senior Analysts have the delegated authority under the Privacy Act (except for 8(2)(m) and 8(2)(j) disclosures, these rest with the Assistant Commissioner Policy, Planning & Coordination and the Commissioner).

Legal Services are consulted regularly on complex issues such as the disclosure of records under paragraph 8(2)(m) of the Privacy Act or section 20 of the Access to Information Act.

ATIP Implementation

Training
In 2003-2004, training sessions for field personnel on the overview of the ATIP legislations were delivered.

Training will continue for fiscal year 2004-2005 for staff personnel.

Public Reading Room
The Correctional Service Canada shares the Public Safety and Emergency Preparedness Reading Room with the other agencies at 340 Laurier Avenue West, Ottawa. There are also reading areas at each regional headquarters. Manuals, publications and reports are on display for consultation by the public.

Administration of the Access to Information Act

Statistical Reports - Interpretation/Explanations
In 2003-2004, the ATIP Division of the Correctional Service of Canada received 678 formal and informal requests requiring processing under the Access to Information Act, including 54 consultations from other departments.

A total of 681 requests were completed during this reporting period, with 71 brought forward to be processed in 2004-2005.

Disposition of completed requests is as follows:

* For more details, please refer to the annexed statistical report.

The "unable to process" category includes requests for which information does not exist.

Origins of requests
Categories of requesters that submit the majority of requests include the public (including offenders and staff members), organizations, media, business and academia. Numbers are as follows:

Source of requests

Fees

Requests for fee waivers are handled in accordance with section 11(6) of the Access to Information Act and the Treasury Board Policy Guidelines. Fees under $25 are waived without a fee waiver request. Normally, the $5 application fee is not waived. During this fiscal year, CSC collected $2,792.80 in application and processing fees.

Fees assessed over $25 may be waived, with a fee waiver request, at the discretion of the Director, Access to Information and Privacy Division. The rationale in dealing with fee waiver requests generally is based on benefit from the disclosure to the general public. A fee policy will be developed during the fiscal year 2004-2005.

Institutional Policies
CSC discloses personal information in accordance with paragraph 8(2)(m)(i) of the Privacy Act, to enhance the understanding of circumstances surrounding particular incidents, and where the public interest clearly outweighs any invasion of privacy that would result from the disclosure. With a view to better informing the public, especially in high profile cases, CSC invites the media to press conferences and provides copies of vetted records to journalists.

CSC developed an ATIP Compliance Manual with respect to the administration of the Acts in addition to the existing Treasury Board guidelines.

Investigations
During 2003-2004, 46 complaints were filed with the Information Commissioner. The investigation of 26 complaints were completed during this year as follows:

Administration of the Privacy Act

Statistical Report - Interpretation/Explanations
In 2003-2004, the Correctional Service of Canada received 25,752 formal and informal requests under the Privacy Act, including 42 consultations from other departments.

A total of 19,908 requests were completed during this reporting period with 7,484 brought forwarded to be processed in 2004-2005.

The disposition of completed requests is as follows:

* For more details, please refer to the annexed statistical report.

Requests in the "unable to process" category are those where the applicants did not provide sufficient information to locate the requested records, or where the records did not exist. "Abandoned" are those requests for which the applicants' whereabouts became unknown, either after release or a transfer outside of CSC's jurisdiction, or when an escape or death occurred.

Investigations
In 2003-2004, 1,600 complaints were filed with the Office of the Privacy Commissioner. The investigation of 1,248 complaints were completed during this year as follows:

Findings on completed complaints

Use and Disclosure
The CSC/NPB Guide for Use and Disclosure reflects legislative requirements contained in the Privacy Act and the Corrections and Conditional Release Act as they relate to the sharing of offender information, including to victims of crimes. The ATIP Division continues to assist staff in interpreting and applying the information-sharing provisions of the Privacy Act. The Guide has been revised during fiscal year 2003-2004 and final approval should occur in 2004-2005.

6. National Parole Board

Departmental organization of ATIP activities

The Access to Information and Privacy Division is responsible for processing and responding to all formal requests under both the Access to Information Act and the Privacy Act addressed to the National Parole Board.

The Director of Communication and ATIP is responsible for administering the legislation and signing exemptions within his delegated authority. Four persons are committed full-time and two are committed part-time to the administration of the legislation and this year's expenditures, i.e., salaries and operational costs, amounted to $252,000.

Requests are processed as follows:

A tracking system is used to log all actions taken. Consultation with other agencies/ministries takes place in most cases when other institutions' information is found in NPB files; their recommendations are normally followed. Legal Services are consulted regularly for advice.

Reading rooms are in operation in each of the five regional offices of the Board as well as at the National Office in Ottawa.

Administration of the Access to in Information Act

Statistical Report - Interpretation/Explanations
The National Parole Board received a total of 33 requests under the Access to Information Act. There is no request outstanding from the previous period for fiscal year 2002-2003. Of the total requests, 31 were completed during the reporting period and two were carried forward. The disposition is as follows:

* Please refer to the Annex for a complete statistical report.

Twenty-five requests were completed within 30 days. Three requests were completed between 31 to 60 days, one request was completed between 61 to 120 days and two requests between 121 days and over.

Seven requests came from the media, 21 from the public, two requests from business and three from organization.

Consultations
A total of 18 consultations were processed in this reporting period and all were completed within 30 days. Considerable time is spent in the processing of consultations.

Formal/Informal Interface
As reported in previous annual reports, the NPB continues to handle a large number of requests informally through its Communications Division and regional offices. The availability of information brochures and the NPB Internet web site greatly facilitate access to information about the Board and its programs.

Institutional Policies
Given the very limited number of requests received under the Access to Information Act, and in view of the fact that the Treasury Board's Interim Policy Guide provides sufficient guidance, the National Parole Board does not need any further policy with respect to the administration of the Act.

Investigations
Two complaints were filed with the Information Commissioner. One was well founded and one investigation is still ongoing.

Administration of the Privacy Act

Statistical Reports - Interpretation/Explanations
The National Parole Board received 434 requests under the Privacy Act. Twenty-five requests were carried forward from 2002-2003. Of the total, 439 were completed during the reporting period; their disposition is as follows:

* Please refer to the Annex for a complete statistical report.

A total of 328 requests were completed within 30 days, despite required consultations with other government institutions. One hundred and eleven were completed within 60 days. A total of 60,000 pages were reviewed.

Twenty requests were carried forward. They were received during the last month of the reporting period.

The majority of NPB Privacy requests came from inmates of federal penitentiaries. The Prairies Region accounted for the largest share, 279 in the fiscal year 2003-2004.

One request for correction was processed. Generally, offenders use the Corrections and Conditional Release Act to request correction of their information.

Consultations
A total of 13 consultations were processed in this reporting period. Twelve were completed within 30 days one request was carried forward. It was received during the last month of the reporting period. Considerable time is spent in the processing of consultation.

Formal/Informal Interface
The Parole Board shares a great deal of file information with offenders in contexts other than the processing of requests under the Privacy Act, i.e., during hearings with offenders and when notifying them of its decisions. In carrying out such duties the Board must comply with the Charter of Rights. Section seven of the Charter entitles individuals to know what information will be considered in making decisions about them that could possibly limit their right to liberty. In such cases the courts have established that an individual should at least be provided with a summary of that information, even in cases where it would be exempted from access if requested under the Privacy Act. This process (informal from a Privacy Act perspective) therefore may allow for the sharing of more information than would be permitted under the provisions of the Privacy Act.

The Corrections and Conditional Release Act (CCRA) gives Canadian citizens greater access to information about offenders. The CCRA provides for:

  1. A decision registry containing all conditional release decisions made by the National Parole Board since November, 1992 and which is accessible to anyone who demonstrates an interest in a specific case or group of cases;
  2. Access by victims to some offender-related information; and,
  3. Members of the public to attend National Parole Board hearings as observers at the discretion of Parole Board members (in the past, it was at the discretion of the inmate).

This law has an important impact on the disclosure of offender-related personal information to third parties.

Investigations
Twenty-one complaints were filed with the Privacy Commissioner. The Privacy Commissioner's findings are as follows:

The Privacy Commissioner's findings on twenty-one complaints that were filed with him.
Reasons for complaint Refusal-general Exemption Delays Time extension Miscellaneous Total
Number of complaints 2 2 6 3 8 21
Well founded 0 0 3 0 0 3
Resolved 0 0 0 0 0 0
Not Well Founded 1 2 3 2 5 13
Discont-inued 0 0 1 0 0 1
Outstanding 1 0 1 0 3 5
Settled in course of investigation 0 0 0 0 0 0

Disclosures under 8(2)(e) of the Privacy Act
The following positions are authorized to approve disclosures to investigative bodies listed in the regulations:

Chairman
Vice-Chairman
Director, Communications and ATIP
Regional Directors (Parole Case Files)
Director, Professional Development and Decision Processes

Most requests from investigative bodies come from the RCMP. As described in the Board's use and disclosure code, requests from the RCMP and CSC Preventive Security Branch concerning offenders currently under sentence or pardon applications are dealt with under section 8(2)(e), for which special procedures have been established in accordance with the provisions of the Act.

Disclosure under 8(2)(m) of the Privacy Act
Several disclosures were made using 8(2)(m)(i) of the Privacy Act. Paragraph 8(2)(m)(i) provides that personal information may be disclosed for any purpose where, in the opinion of the head of an institution, the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure.

Disclosures under 8(2)(m) are assessed on a case-by-case basis and in accordance with Treasury Board guidelines.

The Privacy Commissioner was informed of the disclosures, as required by the Act.

Use and Disclosure
A copy of the use and disclosure code is available upon request from the Access to Information and Privacy section, National Parole Board, 7th floor, 410 Laurier Avenue West, Ottawa, Ontario,
K1A 0R1.

7. Office to the Inspector General of the Canadian Security Intelligence Service

Departmental organization of ATIP activities

The administration of access to information and privacy activities has been assigned, under the direction of the Inspector General, to a coordinator. The ATIP Coordinator is responsible for dealing with all access requests and any matters of an administrative nature arising in respect of both Acts. The approval of exemptions remains the direct responsibility of the Inspector General or the Assistant Inspector General.

Each step in the processing of a request made under either Act is recorded on a tracking document. All records relating to the processing of a request are filed in the records access request file, which is retained for a minimum of two years.

Legal Services is consulted on a regular basis regarding the administration of the Acts and with respect to access requests made under either Act dealt with by the Office of the Inspector General. CSIS is usually consulted as well, by reason of the relationship that exists between its records and those of the Office of the Inspector General.

ATIP Implementation

The Reading Room for the Office of the Inspector General is located in the Public Safety and Emergency Preparedness Public Reading Room, on the ground floor of the Sir Wilfrid Laurier Building, 340 Laurier Avenue West, Ottawa.

The Inspector General's records system is capable of accommodating the objectives and the requirements of the ATIP legislation and relevant government policies.

Administration of the Access to Information Act

Statistical Reports - Interpretation/Explanation
The Office of the Inspector General received one request under the Access to Information Act. This request, from the media, was completed within the 30-day statutory period and resulted in the partial disclosure of the requested records. On one occasion, the Office of the Inspector General was consulted by another government organization responding to a request under the Access to Information Act. The information to be released to the requester contained documents authored by the Office of the Inspector General for which the latter had no exemptions to recommend.

Investigations
There was no complaint during the reporting period.

Administration of the Privacy Act

Statistical Reports - Interpretation/Explanations
The Office of the Inspector General received no request under the Privacy Act during the reporting period.

Investigations
There was no complaint during the reporting period.

Use and Disclosure
The use and disclosure of personal information is governed by the Act, Treasury Board policy, and the Inspector General's mandate under the CSIS Act.

8. Royal Canadian Mounted Police External Review Committee

Departmental organization of ATIP activities

Because of the small size of the RCMP External Review Committee (ERC) and of the small number of requests, all ATIP-related functions are performed by the Executive Director and the Manager, Administrative Services. The Committee processes requests as follows:

ATIP Implementation

Implementation and Training
All information about the ATIP program is routinely circulated to all staff.

The Committee's reading room is located at the Public Safety and Emergency Preparedness Canada Public Reading Room, on the ground floor of the Sir Wilfrid Laurier Building, 340 Laurier Avenue West, in Ottawa.

Administration of the Access to Information Act

Statistical Reports - Interpretation/Explanations
The RCMP External Review Committee received a total of 11 requests under the Access to Information Act. The disposition of these requests is as follows:

* Please refer to the Annex for a complete statistical report.

The Committee transferred nine requests to the RCMP because the Committee did not possess the requested information. The applicants were advised accordingly.

Eight requests received during the period were from the public, two were from other organizations and one from the media.

During the reporting period, the Committee received two consultations from other government institutions.

Formal/Informal Interface
The text of all the Committee's requests was electronically entered into the Coordination of Access to Information Requests (CAIR) system, in accordance with its policy and approved practices, and as per Treasury Board Implementation Report no. 80 on Access to Information and Privacy.

The Committee regularly disseminates information through communiqués, its annual report and communications activities. Staff also respond to phone calls about the Committee's procedures.

Institutional Policies
The Committee relies on existing Treasury Board guidelines.

Investigation
The Committee has not been the object of complaints to the Information Commissioner during the period.

Administration of the Privacy Act

Statistical Reports - Interpretation/Explanations
The RCMP External Review Committee received two requests under the Privacy Act. The disposition of the requests is as follows:

* Please refer to the Annex for a complete statistical report.

In the two requests received, applicants were asking for information which they thought was in the Committee's records. After reviewing these requests, it was determined that the RCMP likely would have the requested information. All these requests were therefore referred to the RCMP ATIP Coordinator and the applicants were advised accordingly.

Formal/Informal Interface
The Committee did not disclose personal information on an informal basis during the period.

Institutional Policies
The Committee relies on existing Treasury Board guidelines.

Investigations
The RCMP External Review Committee was not the object of complaints to the Privacy Commissioner during the period.

Use And Disclosure
All personal information is compartmentalized, and access is controlled, to ensure it will only be used for the purpose for which it was collected. Disclosure is limited to two categories: as prescribed in the RCMP Act, or as required for recognized internal administrative purposes.

9. Commission for Public Complaints Against the Royal Canadian Mounted Police

Departmental organization of ATIP activities

The processing of ATIP requests is carried out by the ATIP Clerk under the supervision of the Access to Information and Privacy Coordinator for the Commission. Upon receipt of a request, the Records Manager opens a file. The clerk searches for the relevant records and undertakes an initial review. After review by the coordinator, the clerk prepares the records for disclosure. When necessary, legal advice is obtained. Following the approval of the application of the legislation by an official delegated by the Chair of the Commission, the coordinator discloses the records, or takes other appropriate action.

The recommended application of the legislation is entered on either the Access or Privacy Record of Decision. The approval of the Chair or her delegate is also entered on the Record of Decision.

Consultations take place when required, or when requested by another government institution.

Most consultations are with the RCMP. Other departments routinely consulted are Justice, Foreign Affairs, Privy Council Office and the Department of Public Safety and Emergency Preparedness. The Commission normally follows the department's suggestions with respect to disclosure and exemptions.

ATIP Implementation

Measures have been taken to provide ongoing ATIP awareness sessions for all staff in the next fiscal year. In addition, in-depth training will be given to new staff members.

The reading room of the Department of the Public Safety and Emergency Preparedness located at 340 Laurier Avenue West, Ottawa, is used by the Commission as its reading room.

Administration of the Access to Information Act

Statistical Reports - Interpretation/Explanations
The Commission for Public Complaints Against the RCMP received a total of nine requests under the Access to Information Act. The disposition of these requests is as follows:

An extension was required to process one request which was processed with the statutory time limit. The eight other requests were processed within 30 days.

Institutional Policies
The only related institutional policy is the Commission's Security Policy, which uses the
ATIP legislation as a means of determining the classification or designation level required for a record.

Investigations
There were no complaints filed during the reporting period.

Administration of the Privacy Act

Statistical Reports/Interpretation/Explanations
The Commission for Public Complaints Against the RCMP received 11 requests under the Privacy Act. The disposition of these requests is as follows:

Extensions were required to process six requests. Four of the six were processed within the statutory time limit; two requests are outstanding.

Institutional Policies
The only related institutional policy is the Commission's Security Policy, which uses some of the exemptions and exclusions from the ATIP legislation, as a means of determining the classification or designation level required for a record.

Investigations
There were no complaints filed during the reporting period.

Use and Disclosure
Personal information is only used for the purpose for which it was collected by the Commission. The Commission has only one program, which involves the review of complaints referred to the Commission by individuals dissatisfied with the disposition of their complaints by the RCMP.

The management of the Commission has been thoroughly briefed on the application of the
Privacy Act and is regularly reminded that records containing personal information must be marked with the designation PROTECTED - Personal Information.

10. Office of the Correctional Investigator

Departmental organization of ATIP activities

The administration of access to information and privacy activities is the responsibility of the ATIP Coordinator, who handles all access and privacy requests and any matters of an administrative nature arising in respect of both Acts. The approval of exemptions is the responsibility of the Coordinator and the Correctional Investigator.

Consultation is occasionally necessary with the Correctional Service of Canada.

ATIP Implementation

The ATIP Coordinator is taking the accredited on-line course in FOIP from the University of Alberta. He has conducted two briefings of support staff on records management and designation of exemptions records to be disclosed. A description of the process of referral of matter to the ATIP Coordinator is included in the draft Policy and Procedures Manual which the Office has prepared.

The Office of the Correctional Investigator (OCI) shares a reading room with the Ministry of Public Safety and Emergency Preparedness located at 340 Laurier Avenue West, Ottawa.

Administration of the Access to Information Act

Statistical Report - Interpretation/Explanations
Eight access requests were received, including four referrals from other agencies or departments.

In all cases the requested information was provided, subject to some exemptions, principally related to personal information and security of penal institutions.

Formal/Informal Interface
The OCI prefers to respond to requests informally where they involve potentially unwieldy amounts of information or issues where information in the public domain would satisfy the requests.

Institutional Policies
Policies with respect to ATI criteria for exemption under ss. 16(1)(c) and (d), adopted last year, were not relevant to the requests that we received. The OCI continues to monitor their appropriateness.

Investigations
There were four complaints to the Information Commissioner in 1999-2000. All related to the completeness and timeliness of the information provided and have either been resolved or should be in the near future. It has become apparent that new resource requirements exist for timely completion of replies to a vastly-increased amount of information requested. The Office is reviewing this matter and will take decisions shortly.

Administration of the Privacy Act

Statistical Report - Interpretation/Explanations
The Correctional Investigator received 20 requests under the Privacy Act. One request had been carried over from the previous fiscal year. The disposition of these requests is as follows:

Formal/Informal Interface
The office continues to release information informally, as has been done since the OCI was established. Records are kept of the number of requests or the amount and type of information released.

Institutional Policies
It has not been necessary, to date, to establish policies. Nevertheless, the OCI has provided guidance to staff in processing privacy requests through the Policies and Procedures Manual.

Investigation
There were two investigations with respect to a late response and two with respect to completeness of information received. These have been resolved.

It has become apparent that new resource requirements exist for timely completion of replies to a vastly-increased amount of information requested. The Office is reviewing this matter and will take decisions shortly.

Use and Disclosure
All personal information is collected in the investigations of offender complaints and is used only for that purpose.

11. Canada Border Services Agency

Departmental organization of ATIP activities

As the CBSA was not formally in existence until April 1, 2004, the Access to Information and Privacy offices from Citizenship and Immigration Canada, Canada Revenue Agency and the Canadian Food Inspection Agency, continued to process requests on our behalf. Our statistics can be found included in each of those organizations' Annual Reports to Parliament, though they may not be specifically identified.

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