Annual Report on the Administration of the Access to Information Act and the Privacy Act for 2012-2013

Table of Contents

Part I: Access to Information Act

1. Introduction

The Canadian Transportation Agency is an independent, quasi-judicial tribunal and economic regulator. It makes decisions and determinations on a wide range of matters within the federal transportation system under the authority of Parliament, as set out in the Canada Transportation Act and other legislation.

Our mandate includes:

  • Economic regulation, to provide approvals, issue licences, permits and certificates of fitness, and make decisions on a wide range of matters involving federal air, rail and marine transportation.
  • Dispute resolution, to resolve complaints about federal transportation services, rates, fees and charges.
  • Accessibility, to ensure Canada's national transportation system is accessible to all persons, particularly those with disabilities.

The Access to Information Act (ATIA), proclaimed in April 1983, grants all Canadian citizens and permanent residents the right to examine or receive copies of records of a federal government institution, except in limited and specific circumstances.

Section 72 of the ATIA requires the head of every government institution required by to prepare for submission to Parliament an annual report on the administration of the ATIA within the institution. This report covers the period from April 1, 2012 to March 31, 2013.

2. Organization of Access to Information activities

The Chair of the Agency is responsible for the administration of the ATIA, including regulations, policy and any decisions taken.

At the Agency, the ATIP Coordinator shares delegated authority with the General Counsel. One full-time senior ATIP analyst supports the Coordinator and Records Services staff assists with processing on a part-time basis.

The Coordinator receives and administers all formal requests then forwards each one to the Director General of the appropriate branch. The Office of Primary Interest collects the records with the assistance of the Records Services Division. The review and analysis of the records is carried out jointly by the Coordinator, program manager subject matter experts, and Legal Services.

The Coordinator prepares responses to formal requests and routes them through the General Counsel and the Chair for approval. Each application has an individual case file as well as a summary document which records administrative actions. The Coordinator manages any interdepartmental and third party consultations.

Formal and informal interface

The appropriate branch handles the vast majority of information requests through informal release mechanisms as many of the Agency's records have traditionally been available to the public. Most of the information submitted to the Agency by applicants and other parties is available for public inspection. The Agency places on its public record any document filed with it in respect of any proceeding unless the person filing the document makes a claim for confidentiality.

Informal requests are only referred to the Access to Information Coordinator when it is suspected that the information is sensitive and may qualify for exemption. Formal requests are handled informally when there is obviously no concern about the protection of the information.

Implementation of the Access to Information program

There have not been any major administrative problems or concerns with regard to the implementation of the Access to Information program. In accordance with the Directive on the Administration of the Access to Information Act, the Agency posts on its Web site monthly summaries of requests completed. The Annual Report on the Administration of the Access to Information Act and the Privacy Act for the Fiscal Year 2012-2013 will also be published on the Agency Web site.

3. Delegation of Authority

There have not been any major administrative problems or concerns with regard to the implementation of the Access to Information program. In accordance with the Directive on the Administration of the Access to Information Act, the Agency posts on its Web site monthly summaries of requests completed. The Annual Report on the Administration of the Access to Information Act and the Privacy Act for the Fiscal Year 2012-2013 will also be published on the Agency Web site.

4. Explanation of the statistical summary report

Attached is Appendix A, the form TBS 350-62 “Report on the Access to Information Act” which provides statistical data on formal access requests received by the Agency.

During the reporting period — April 1, 2012 to March 31, 2013 — the Agency received 12 new access to information requests. This represents a decrease of 11 requests (47.82%) over the previous year. One request was outstanding from 2011-2012, resulting in a total of 13 active requests. Three requests were carried over to 2013-2014. The percentage breakdown by source of request was 17% from the media, 25% from the public, and 58% from businesses.

The following table shows the number of requests received and completed by the Agency for the past five reporting periods:

Reporting periodRequests receivedRequests completed
2012-2013 12 10
2011-2012 23 27
2010-2011 13 10
2009-2010 16 16
2008-2009 9 9

Disposition of Requests Completed

Of these thirteen requests, four were entirely disclosed, three were disclosed in part and three had no existing records. A monthly summary of ATIA completed requests is posted on the Agency website.

Consultations

In addition, other government institutions consulted the Agency twenty times to respond to access requests for records under their control, but which had originated within the Agency.

Exemptions invoked

Article 19 of the ATIA was invoked three times to protect personal information.

Article 20 of the ATIA was invoked three times to protect third party business information.

Article 21 of the ATIA was invoked twice to protect Agency operations.

Article 23 of the ATIA was invoked once to protect solicitor client privilege.

Completion times

Five requests were completed within the prescribed 30-day time period, three within 31-60 days and two within 61-180 days.

Fees

The Agency follows the Treasury Board Secretariat guidelines for fee administration. Application fees are not waived; however, the fee is returned if the material is publicly available or the request is informal.

No fees were charged for searching or preparation time during the period under review. However, if the Agency receives a request requiring a particularly large or complicated search, an estimate of search and preparation fees would be assessed and charged, unless there is a clear duty to inform the public.

Each request for a fee waiver is examined on its own merit. Search and preparation fees under $25 are waived, as it would be uneconomical to collect them.

Personnel and operational costs

The total cost associated with administering the ATIA was estimated at $159,315. Salaries and overtime account for $111,053 and goods and services account for the remaining $48,262. These costs include the cost of processing requests, internal and external consultations with other departments, producing the annual and statistical reports, updating the Info Source publications, addressing proactive disclosure, providing advice, consultations on informal requests, attendance at meetings, training and general administrative activities.

These costs do not include an account of the time expended by program officials and senior managers in carrying out ATIP responsibilities, including the reviewing of documents for release and providing guidance to the ATIP office.

5. Training

The Agency recognizes the importance of training and awareness of ATIP activities. During fiscal 2011-2012, an ATIP information session was developed and provided to 174 Agency employees. In fiscal year 2012-2013, as a follow-up, six informal ATIP briefings were provided to 35 participants. Another mandatory session will be provided in the first quarter of 2013-2014.

6. Institutional policies and procedures

The Agency did not implement any new or revised Access to Information related policies, guidelines or procedures during the reporting period. However, the Agency has updated its policies in regards to ATIP and information management to reflect Treasury Board of Canada Secretariat recent policy renewal.

7. Investigations

Two complaints were received in the last trimester of the reporting period.

Part II: Privacy Act

1. Introduction

The Canadian Transportation Agency (Agency) is an independent, quasi-judicial tribunal and economic regulator. It makes decisions and determinations on a wide range of matters within the federal transportation system under the authority of Parliament, as set out in the Canada Transportation Act and other legislation.

Our mandate includes:

  • Economic regulation, to provide approvals, issue licences, permits and certificates of fitness, and make decisions on a wide range of matters involving federal air, rail and marine transportation.
  • Dispute resolution, to resolve complaints about federal transportation services, rates, fees and charges.
  • Accessibility, to ensure Canada's national transportation system is accessible to all persons, particularly those with disabilities.

The Privacy Act (PA), proclaimed in 1983, protects the privacy of individuals who are Canadian citizens or permanent residents with respect to personal information about themselves held by the Canadian government. The PA provides individuals with the right to access their personal information and protects the privacy of individuals by prescribing the manner in which the government may collect, use, disclose, retain and dispose of personal information. Individuals may also request correction of personal information where they perceive inaccuracies or omissions and may have notations attached to the information where corrections are refused.

Section 72 of the PA requires the head of every government institution to prepare for submission to Parliament an annual report on the administration of the PA within the institution during the financial year. This report covers the period from April 1, 2012 to March 31, 2013.

2. Organization of privacy activities

The Chair of the Agency is responsible for the administration of the PA, including regulations, policy and any decisions taken.

At the Agency, the ATIP Coordinator shares delegated authority with the General Counsel. One full-time senior ATIP analyst supports the Coordinator and Records Services staff assists with processing on a part-time basis.

The Coordinator receives and administers all formal requests and determines who is required to be involved to process the request and locate the records. The review and analysis of the records is carried out jointly by the Coordinator and the Agency’s Legal Services Branch.

The Coordinator prepares responses to formal requests and routes them through the General Counsel and the Chair for approval. Each application has an individual case file as well as a summary document which records administrative actions. The Coordinator manages interdepartmental and third party consultations.

Formal and informal interface

Informal requests are only referred to the Coordinator when it is suspected that the information is sensitive and may qualify for exemption.

Most requests from Agency employees for information contained in the Standard Personal Information Banks are handled informally by the Human Resources Directorate.

Implementation of the Privacy program

There have not been any major administrative problems or concerns with regard to the implementation of the privacy program. The focus for the ATIP division is to continue to foster awareness about the PA and policy requirements for the collection, use, disclosure, retention, and disposal of personal information.

3. Delegation of Authority

The Chair has delegated responsibilities to Agency employees. The ATIP Coordinator for the Agency shares delegated authority with the General Counsel. A copy of the Delegation of Authority, indicating what duties have been delegated and to whom, is attached as Appendix C. The delegation authority is being revised based on recent Treasury Board Secretariat guidance and the Information Commissioner of Canada’s special report to Parliament entitled “Measuring Up: Improvements and ongoing concerns raised in access to information 2008-2009 to 2010-2011”.

4. Explanation of the statistical summary report

Form TBS 350-63, "Statistical Report on the Privacy Act", is attached as Appendix C.

There were two request for personal information during the reporting period. The Agency does not maintain a large number of Personal Information Banks and the number of formal requests for personal information is usually low.

Disposition of requests

One request was abandoned.

No records exist for the remaining request.

Exemptions invoked

No exemptions were invoked during the reporting period.

Completion time

The requests were completed within the prescribed 30-day time period.

Personnel and operating costs

The total cost associated with administering the PA was estimated at $43,605. Salaries and overtime account for $42,029 and goods and services account for the remaining $1,576. These costs include the cost of processing requests and consultations, addressing Privacy issues, producing the annual report, updating Implementation of the privacy program the Info Source publications and general administrative activities.

5. Training

The Agency recognizes the importance of training and awareness of ATIP activities. During fiscal 2011-2012, an ATIP information session was developed and provided to 174 Agency employees. In fiscal year 2012-2013, as a follow-up, six informal ATIP briefings were provided to 35 participants. Another mandatory session will be provided in the first quarter of 2013-2014.

6. Institutional policies and procedures

The Agency did not implement any new or revised privacy related policies, guidelines or procedures during the reporting period. However, the Agency has updated its policies in regards to ATIP and information management to reflect Treasury Board of Canada Secretariat recent policy renewal.

7. Investigations

There were no complaints or investigations during this reporting period.

8. Privacy Impact Assessments

No Privacy Impact Assessments were completed during the reporting period.

9. Disclosure pursuant to paragraph 8(2)(m)

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

Appendix A: Report on the Access to Information Act

Name of institution: Canadian Transportation Agency

Reporting period: 2012-04-01 to 2013-03-31

Part 1 – Requests under the Access to Information Act

1.1 Number of Requests
  Number of Requests
Received during reporting period 12
Outstanding from previous reporting period 1
Total 13
Closed during reporting period 10
Carried over to next reporting period 3
1.2 Sources of requests
SourceNumber of Requests
Media 2
Academia 0
Business (Private Sector) 7
Organization 0
Public 3
Total 12

Part 2 - Requests closed during the reporting period

2.1 Disposition and completion time
Disposition of requestsCompletion Time
1 to 15 days16 to 30 days31 to 60 days61 to 120 days121 to 180 days181 to 365 daysMore than 365 daysTotal
All disclosed 0 1 3 0 0 0 0 4
Disclosed in part 1 0 0 1 1 0 0 3
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 2 1 0 0 0 0 0 3
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0
Treated informally 0 0 0 0 0 0 0 0
Total 3 2 3 1 1 0 0 10
2.2 Exemptions
SectionNumber of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 0
14(a) 0
14(b) 0
15(1) - I.A.Table note 1 0
15(1) - Def.Table note 2 0
15(1) - S.A.Table note 3 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0
16(2)(a) 0
16(2)(b) 0
16(2)(c) 0
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 0
16.1(1)(c) 0
16.1(1)(d) 0
16.2(1) 0
16.3 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
17 0
18(a) 0
18(b) 0
18(c) 0
18(d) 0
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 3
20(1)(a) 0
20(1)(b) 3
20(1)(b.1) 0
20(1)(c) 0
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 1
21(1)(b) 1
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 1
24(1) 0
26 0
2.3 Exclusions
SectionNumber of Requests
68(a) 0
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1)(a) 0
69(1)(b) 0
69(1)(c) 0
69(1)(d) 0
69(1)(e) 0
69(1)(f) 0
69(1)(g) re (a) 0
69(1)(g) re (b) 0
69(1)(g) re (c) 0
69(1)(g) re (d) 0
69(1)(g) re (e) 0
69(1)(g) re (f) 0
69.1(1) 0
2.4 Format of information released
DispositionPaperElectronicOther Formats
All disclosed 4 0 0
Disclosed in part 3 0 0
Total 7 0 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Disposition of RequestsNumber of Pages ProcessedNumber of Pages DisclosedNumber of Requests
All disclosed 90 43 4
Disclosed in part 2554 1717 3
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
2.5.2 Relevant pages processed and disclosed by size of requests
DispositionLess Than 100 Pages Processed101-500 Pages Processed501-1000 Pages Processed1001-5000 Pages ProcessedMore than 5000 Pages Processed
Number of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages DisclosedNumber of RequestsPages Disclosed
All disclosed 4 43 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 2 1439 1 278 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
Abandoned 0 0 0 0 0 0 0 0 0 0
Total 4 43 0 0 2 1439 1 278 0 0
2.5.3 Other complexities
DispositionConsultation requiredAssessment of feesLegal advice soughtOtherTotal
All disclosed 3 0 0 0 3
Disclosed in part 2 0 0 0 2
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Abandoned 0 0 0 0 0
Total 5 0 0 0 5

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory DeadlinePrincipal Reason
WorkloadExternal consultationInternal consultationOther
1 0 1 0 0
2.6.2 Number of days past deadline
Number of days past deadlineNumber of requests past deadline where no extension was takenNumber of requests past deadline where an extension was takenTotal
1 to 15 days 0 0 0
16 to 30 days 0 1 1
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 1 1
2.7 Requests for translation
Translation RequestsAcceptedRefusedTotal
English to French 0 0 0
French to English 0 0 0
Total 0 0 0
3.1 Reasons for extensions and disposition of requests
Disposition of requests where an extension was taken9(1)(a) Interference with operations9(1)(b) Consultation9(1)(c) Third party notice
Section 69Other
All disclosed 0 0 3 0
Disclosed in part 1 0 1 1
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 1 0 4 1
3.2 Length of extensions
Length of extensions9(1)(a) Interference with operations9(1)(b) Consultation9(1)(c) Third party notice
Section 69Other
30 days or less 1 0 0 0
31 to 60 days 0 0 4 0
61 to 120 days 0 0 0 1
121 to 180 days 0 0 0 0
181 to 365 days 0 0 0 0
365 days or more 0 0 0 0
Total 1 0 4 1

Part 4 - Fees

Fee TypeFee CollectedFee Waived or Refunded
Number of requestsAmountNumber of requestsAmount
Application 8 $40 2 $10
Search 0 $0 0 $0
Production 0 $0 0 $0
Programming 0 $0 0 $0
Preparation 0 $0 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 7 $353
Total 8 $40 9 $353

Part 5 - Consultations received from other institutions and organizations

5.1 Consultations received from other government institutions and organizations
ConsultationsOther government institutionsNumber of pages to reviewOther organizationsNumber of pages to review
Received during reporting period 20 1087 1 33
Outstanding from the previous reporting period 0 0 0 0
Total 20 1087 1 33
Closed during the reporting period 19 981 1 33
Pending at the end of the reporting period 1 106 0 0
5.2 Recommendations and completion time for consultations received from other government institutions
RecommendationNumber of days required to complete consultation requests
1 to 15 days16 to 30 days31 to 60 days61 to 120 days121 to 180 days181 to 365 daysMore than 365 daysTotal
Disclose entirely 15 1 0 0 1 0 0 17
Disclose in part 1 1 0 0 0 0 0 2
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 16 2 0 0 1 0 0 19
5.3 Recommendations and completion time for consultations received from other organizations
RecommendationNumber of days required to complete consultation requests
1 to 15 days16 to 30 days31 to 60 days61 to 120 days121 to 180 days181 to 365 daysMore than 365 daysTotal
Disclose entirely 1 0 0 0 0 0 0 1
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 1 0 0 0 0 0 0 1

Part 6 - Completion time of consultations on Cabinet confidences

Number of daysNumber of responses receivedNumber of responses received past deadline
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
More than 365 0 0
Total 0 0

Part 7 - Resources related to the Access to Information Act

7.1 Costs
ExpendituresAmount
Salaries $107,069
Overtime $3,984
Goods and Services $48,262
Professional services contracts $46,809
Other $1,453
Total $159,315
7.2 Human Resources
ResourcesDedicated full-time to ATI activitiesDedicated part-time to ATI activitiesTotal
Full-time employees 0.00 4.00 4.00
Part-time and casual employees 0.00 0.00 0.00
Regional staff 0.00 0.00 0.00
Consultants and agency personnel 0.00 0.00 0.00
Students 0.00 0.00 0.00
Total 0.00 4.00 4.00
Previously released ATI package released informally
InstitutionNumber of informal releases of previously released ATI packages
Canadian Transportation Agency 1

Appendix B: Report on the Privacy Act

Name of institution: Canadian Transportation Agency

Reporting period: 2012-04-01 to 2013-03-31

Part 1 – Requests Under the Privacy Act

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

Part 2 – Requests closed during the reporting period

2.1 Disposition and completion time
Disposition of requestsCompletion Time
1 to 15 days16 to 30 days31 to 60 days61 to 120 days121 to 180 days181 to 365 daysMore than 365 daysTotal
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 1 0 0 0 0 0 0 1
Request abandoned 1 0 0 0 0 0 0 1
Total 2 0 0 0 0 0 0 2
2.2 Exemptions
SectionNumber of requests
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 0
19(1)(d) 0
19(1)(e) 0
19(1)(f) 0
20 0
21 0
22(1)(a)(i) 0
22(1)(a)(ii) 0
22(1)(a)(iii) 0
22(1)(b) 0
22(1)(c) 0
22(2) 0
22.1 0
22.2 0
22.3 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 0
27 0
28 0
2.3 Exclusions
SectionNumber of requests
69(1)(a) 0
69(1)(b) 0
69.1 0
70(1)(a) 0
70(1)(b) 0
70(1)(c) 0
70(1)(d) 0
70(1)(e) 0
70(1)(f) 0
70.1 0
2.4 Format of information released
DispositionPaperElectronicOther formats
All disclosed 0 0 0
Disclosed in part 0 0 0
Total 0 0 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Disposition of requestsNumber of pages processedNumber of pages disclosedNumber of requests
All disclosed 0 0 0
Disclosed in part 0 0 0
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 1
2.5.2 Relevant pages processed and disclosed by size of requests
DispositionLess than 100 pages processed101-500 pages processed501-1000 pages processed1001-5000 pages processedMore than 5000 pages processed
Number of requestsPages disclosedNumber of requestsPages disclosedNumber of requestsPages disclosedNumber of requestsPages disclosedNumber of requestsPages disclosed
All disclosed 0 0 0 0 0 0 0 0 0 0
Disclosed in part 0 0 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
Abandoned 1 0 0 0 0 0 0 0 0 0
Total 1 0 0 0 0 0 0 0 0 0
2.5.3 Other complexities
DispositionConsultation requiredLegal Advice SoughtInterwoven InformationOtherTotal
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
Abandoned 0 0 0 0 0
Total 0 0 0 0 0

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of requests closed Past the Statutory DeadlinePrincipal Reason
WorkloadExternal consultationInternal consultationOther
0 0 0 0 0
2.6.2 Number of days past deadline
Number of days past deadlineNumber of requests past deadline where no extension was takenNumber of requests past deadline where an extension was takenTotal
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 0 0
2.7 Requests for translation
Translation RequestsAcceptedRefusedTotal
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Part 3 – Disclosures under subsection 8(2)

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

Part 4 – Requests for correction of personal information and notations

 Number
Requests for correction received 0
Requests for correction accepted 0
Requests for correction refused 0
Notations attached 0

Part 5 – Extensions

5.1 Reasons for extensions and disposition of requests
Disposition of requests where an extension was taken15(a)(i) Interference with operations15(a)(ii) Consultation15(b) Translation or conversion
Section 70Other
All disclosed 0 0 0 0
Disclosed in part 0 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 0 0 0 0
5.2 Length of extensions
Length of extensions15(a)(i) Interference with operations15(a)(ii) Consultation15(b) Translation purposes
Section 70Other
1 to 15 days 0 0 0 0
16 to 30 days 0 0 0 0
Total 0 0 0 0

Part 6 – Consultations received from other government institutions and organizations

6.1 Consultations received from other government institutions and organizations
ConsultationsOther government institutionsNumber of pages to reviewOther organizationsNumber of pages to review
Received during the reporting period 0 0 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 0 0 0 0
Closed during the reporting period 0 0 0 0
Pending at the end of the reporting period 0 0 0 0
6.2 Recommendations and completion time for consultations received from other government institutions
RecommendationNumber of days required to complete consultation requests
1 to 15 days16 to 30 days31 to 60 days61 to 120 days121 to 180 days181 to 365 daysMore than 365 daysTotal
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
6.3 Recommendations and completion time for consultations received from other organizations
RecommendationNumber of days required to complete consultation requests
1 to 15 days16 to 30 days31 to 60 days61 to 120 days121 to 180 days181 to 365 daysMore than 365 daysTotal
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

Part 7 – Completion Time of Consultations on Cabinet Confidences

Number of DaysNumber of responses receivedNumber of responses received past deadline
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
More than 365 0 0
Total 0 0

Part 8 – Resources related to the Privacy Act

8.1 Costs
ExpendituresAmount
Salaries $40,238
Overtime $0
Goods and Services $8,447
Contracts for privacy impact assessments $0
Professional services contracts $6,994
Other $1,453
Total $48,685
8.2 Human Resources
ResourcesDedicated full-timeDedicated part-timeTotal
Full-time employees 0.00 4.00 4.00
Part-time and casual employees 0.00 0.00 0.00
Regional staff 0.00 0.00 0.00
Consultants and agency personnel 0.00 0.00 0.00
Students 0.00 0.00 0.00
Total 0.00 4.00 4.00
Completed Privacy Impact Assessments (PIAs)
InstitutionNumber of Completed PIAs
Canadian Transportation Agency 0

Appendix C: Delegation of Authority

Canadian Transportation Agency

Delegation of Authority

Access to Information and Privacy and Data Protection

In accordance with section 73 of the Access to Information Act and the Privacy Act, I hereby order that the persons appointed to the positions identified in the attached Delegation Orders, including the persons authorized to act for the said persons in their absence, be authorized to exercise or perform any of the powers, duties or functions that are specified in the Delegation Orders.

Geoffrey C. Hare

Chairman and Chief Executive Officer

Date: June 15, 2009

Table 1 : Delegation of Authority - Access to Information
ActionSection of the Access to Information ActAuthority Delegated to
General CounselAccess to Information and Privacy Coordinator
1. Notice where access requested
  • give written notice to the requester as to whether or not access to records or parts thereof will be given
7(a) (Not delegated)
2. Transfer to another institution
  • transfer a request to another government institution with a greater interest
8(1) X X
3. Extension of time limits
  • extension of time limits and giving notices to requester and Information Commissioner
9 X X
4. Additional fees
  • assessing additional fees chargeable under the AIA and Section 7 of the regulations, notification to requester, waiving of fees
11(2)(3)(4)(5)(6) X X
5. Language of access
  • determining if it is in the public interest to translate records requested in a particular official language
12(2) X X
6. Access in an alternative format
  • determining if the giving of access in an alternative format to a person with a sensory disability is necessary and reasonable
12(3) X X
7. Invoking exemptions
  • determining whether or not to invoke the following exemptions to refuse access and exercising discretion where appropriate:
  (Not delegated)
a) information obtained in confidence 13  
b) federal-provincial affairs 14
c) international affairs and defence 15
d) law enforcement and investigations 16
e) safety of individuals 17
f) economic interests of Canada 18
g) personal information 19
h) third party information 20
i) advice 21
j) testing procedures, tests and audits 22
k) solicitor-client privilege 23
l) statutory prohibitions 24
8. Severance
  • determining if exempt information can reasonably be severed from otherwise releasable information
25 (Not delegated)
9. Information to be published
  • determining whether to refuse to disclose information that will be published within 90 days of the request
26 (Not delegated)
10. Third party notification
  • written notice to third parties of intent to disclose information that relates to them and extend time limits
27(1)(4) X X
11. Third party notification - representations
  • review third party representations and decide whether or not to disclose records and give written notice of the decision to the third party and waive requirement to submit representations in writing
28(1)(2)(4) (Not delegated)
12. Disclosure on recommendation of the Information Commissioner
  • written notification to the requester and third party(s) regarding the decision to disclose following a recommendation by the Information Commissioner
29(1) (Not delegated)
13. Advise Information Commissioner of third party involvement
  • advise the Information Commissioner of any third party that was notified under subsection 27(1), or would have been notified if the Agency had intended to disclose the record
33 X X
14. Right to make representations
  • make representations to the Information Commissioner in the course of an investigation of a complaint
35(2) ATIP Coordinator, General Counsel, Counsel and program staff may provide information in the course of an investigation.
15. Notice to Information Commissioner of action taken or proposed
  • where appropriate, provide notice to the Commissioner of any action taken or proposed to be taken to implement recommendations, or reasons why no such action will be taken
37(1)(b) (Not delegated)
16. Access to be given to complainant
  • where decision was made to provide access, provide access
37(4) X X
17. Notice to third party (application to Federal Court for review)
  • upon being given notice of an application to Federal Court for review under section 41 or 42, give written notice of the application to third party(s)
43(1) X  
18.Notice to applicant (application to Federal Court by third party)
  • give written notice of the application to requester
44(2) X  
19. Special rules for hearings
  • for an application under section 41 or 42 relating to refusal to disclose (or appeal) by reason of 13(1)(a) or (b) or 15 (international affairs or defence), the institution concerned can request that the application can be heard and determined in the National Capital Region, and can request to make representations ex parte
52(2)(3) X  
20. Exempted information severed from manuals
  • decision to refuse to disclose parts of manuals in accordance with exemption criteria
71(2) (Not delegated)
21. Annual Report
  • submit Annual Report to Parliament
72(1) (Not delegated)
22. Responsibilities under sections 6 and 8 of the Access to Information Regulations: 77  
  • subsection 6(1): consent to process an access request transferred from another government institution within time limits set out in the AIA.
X X
  • subsection 8(1): determining that the requester's preference for copies is not practical pursuant to 8(1)(a)(b) and that records must be examined
X X
  • subsection 8(2): determining that the requester's preference for examining records is not practical pursuant to 8(2)(a)(b) and that copies will be provided
X X
  • subsection 8(3): provide reasonable facilities and time for examination and ensure fees have been paid
X X

Table 2: Delegation of Authority - Privacy
ActionSection of the PrivacyActAuthority Delegated to
General CounselAccess to Information and Privacy Coordinator
1. Disclosure of personal information
  • authorize the disclosure of personal information for research purposes and in the public interest or the interest of the individual
8(2)(j)(m)   (Not delegated)
2. Requests from investigative bodies
  • retain a copy of the requests and the disclosed records
8(4)   X
3. Notify Privacy Commissioner of 8(2)(m) disclosures
  • notify Commissioner of public interest disclosures and disclosure which would clearly benefit individuals to whom the information relates
8(5) (Not delegated)
4. Retain record of disclosures
  • retain a record of use or disclosure of personal information where the use or disclosure is not included in InfoSource, and attach the record to the personal information
9(1)   X
5. Notify Privacy Commissioner of consistent use
  • notify Commissioner of consistent use or disclosure where the use or disclosure is not included in InfoSource and update in next publication
9(4) (Not delegated)
6. Include personal information in Personal Information Banks
  • include all personal information under the control of the Agency in Personal Information Banks
10   X
7. Respond to requests for access
  • give written notice to requesters, who are not Agency employees or their agents, as to whether or not access to the records will be given and provide access if access is to be given
  • give written notice to requesters, who are Agency employees or their agents, as to whether or not access to the records will be given and provide access if access is to be given
14 X  
8. Extension of time limits
  • extend time limits for responding to requests for access
15 X X
9. Language of access
  • decide whether to translate information
17(2)(b) X X
10. Access in an alternative format
  • determine if the giving of access in an alternative format to a person with a sensory disability is necessary and reasonable
17(3)(b) X X
11. Exempt banks
  • Refuse to disclose information contained in an exempt bank
18(2) (Not delegated)
12. Invoking exemptions:
  • determine whether or not to invoke the following exemptions, for requests not filed by Agency employees or their agents, to refuse access and exercising discretion where appropriate:
  X  
a) personal information obtained in confidence 19(1)(2)
b) federal-provincial affairs 20
c) international affairs and defence 21
d) law enforcement and investigation 22
e) information prepared by an investigative body for security clearances 23
f) information collected by the Canadian Penitentiary Services, National Parole Services or National Parole Board 24
g) safety of individuals 25
h) personal information about other individuals 26
i) solicitor-client privilege 27
j) medical records 28
13. Receive notice of investigations
  • receive notice of investigations by the Privacy Commissioner
31 X  
14. Right to make representations
  • make representations to the Privacy Commissioner during investigation
33(2) ATIP Coordinator, General Counsel, Counsel and program staff may provide information in the course of an investigation.
15. Privacy Commissioner's Report
  • receive Commissioner's report of findings, give notice of action taken
35(1) X  
16. Access to be given to complainant
  • give complainant access to information after 35(1)(b) notice
35(4) X X
17. Review of exempt banks
  • receive Commissioner's findings of investigation of exempt bank
36(3) (Not delegated)
18. Compliance investigation
  • receive report of Privacy Commissioner's findings after compliance investigations of sections 4 to 8
37(3) (Not delegated)
19. Special rules for hearings
  • request that Section 51 court hearings be held in NCR
51(2)(b) X  
20. Representations in hearings
  • request and be given right to make representations in Sec. 51 hearings
51(3) X  
21. Annual Report
  • submit Annual Report to Parliament
72(1) (Not delegated)
22. Responsibilities under sections 9, 11, 13 and 14 of the Privacy Regulations   77    
  • section 9: provide reasonable facilities and time for examination of information
X X
  • subsection 11(2): upon receipt of Correction Request Form, provide notification to individual that correction has been made and provide notifications in 11(2)(b) and (c)
X  
  • subsection 11(4): where a request for correction is refused, attach notification to the personal information that a correction was refused and provide notifications in 11(4)(b)(c) and (d)
X  
  • subsection 13(1): authorize the disclosure of medical records to a qualified medical practitioner or psychologist for opinion as to whether disclosure would be contrary to the best interests of the individual
X  
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