Annual Report on the Administration of the Privacy Act for 2015-2016

Table of Contents

1. Introduction

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, 2015 to March 31, 2016.

The Canadian Transportation Agency (Agency) is an independent, quasi-judicial tribunal and regulator with the powers of a superior court.

The Agency has three core mandates:

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

To help advance these mandates, we have three tools at our disposal:

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

2. Organization of Agency responsibilities related to the administration of the Privacy Act

The Chair and Chief Executive Officer of the Agency is responsible for the administration of the PA and compliance with the Act, its Regulation and Policy.

During this reporting period, the Access to Information and Privacy (ATIP) Unit was positioned in the Secretariat and Registrar Services Directorate and included the Coordinator and one full time ATIP Analyst.

In general, all files were processed by the Analyst. Agency staff actively participated in the retrieval and review of records as required by the request ("need to know" basis only). All final releases were reviewed by Legal Services prior to their approval by the Coordinator. Each application had an individual case file, and all actions were recorded in the ATIP corporate system, PrivaSoft AccessPro.

Formal and informal interface

Informal requests were referred to the Coordinator when it was suspected that the records contained personal information that qualified for exemption.

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

Implementation of the privacy program

The focus for the ATIP Coordinator was to continue to foster awareness about the Act and policy requirements for the collection, use, disclosure, retention, and disposal of personal information. As of October 2015, this became a shared responsibility with the Director of Information Management.

In 2015-2016, two privacy impact assessments (PIA) were conducted. The resulting action plans included training, awareness, monitoring and updating of information sharing agreements.

Since a Federal Court of Appeal decision (see "Key Issues"), requests for records related to adjudication decisions are processed informally and released in their entirety unless a claim for confidentiality has been made and accepted during the dispute process. If a claim for confidentiality has been made, the records will be reviewed by the ATIP Unit prior to release.

As a result of the decision, all privacy notices and personal information collection statements were updated to advise our clients that personal information provided during the course of an adjudication process would form part of the public record. The external website and Info Source were also updated to include this information.

3. Key issues

Federal Court of Appeal Decision

Decision No. 2015 FCA 140: Lukács vs Canadian Transportation Agency et al.

On June 5, 2015, the Federal Court of Appeal issued a judgement that affects the processing of requests made under the PA. The Court concluded that submissions and documents that are accepted as filed must be made publicly available upon request, without redaction.

The Agency has always carefully balanced its responsibility with respect to privacy rights and the open court principle. As a government body, the Agency is legally obligated under the PAto protect the personal information of Canadians.

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

In the past, the Agency redacted from the public record personal and sensitive information such as social insurance numbers, credit card information, passport numbers and personal addresses, before the information was released to the public.

As a result of the court's decision, any submissions or documents filed with the Agency as part of its formal adjudication process are made part of the public record without redaction, unless a claim for confidentiality has been made to and accepted by the Agency.

4. Delegation of authority

As of October 2015, the Chair and CEO delegated partial authority to the ATIP Coordinator and to the General Counsel. The Director of Information Management held the delegated authority for sections 9 and 10 and the ATIP Analyst held the delegated authority for section 14. A copy of the October 2015 delegation order is attached as Appendix B. The previous delegation order is attached as Appendix C.

All delegation orders were signed in the City of Gatineau.

5. Explanation of the statistical summary report

Attached as Appendix A is the form entitled “Statistical Report on the Privacy Act,” which provides statistical data on formal requests under the PAreceived by the Agency.

There was one formal request for personal information during this reporting period. The request was completed within 60 days and required partial translation. A total of 2,880 pages were reviewed and 2,455 pages were released in part or completely. Exemptions 26 and 27 were applied. This is consistent with previous years.

6. Training

No formal training was provided for this reporting period. However, ad hoc recommendations and one-on-one assistance were provided to OPIs. Awareness training for Agency staff was offered as a result of the PIAs that were conducted and the Federal Court of Appeal decision.

7. Institutional policies, guidelines and procedures

The Agency revised its policies, guidelines and procedures in response to the Federal Court of Appeal's decision Lukács vs Canadian Transportation Agency et al. In light of this decision, requests for records related to adjudication decisions are processed informally and released in their entirety unless a claim for confidentiality was made and accepted during the process. Requests for access to these records can be made to any Branch of the Agency and are frequently received by the Communications Directorate either by telephone or by e-mail at info@otc-cta.gc.ca. The ATIP Unit provides consultation services and advice as required.

The Agency privacy notice and personal information collection statements were revised accordingly, as was the external website.

8. Complaints

There were no complaints received. There is one open complaint from the previous fiscal year. The complainant alleges that the Agency contravened the use and disclosure provisions of the PA when it disclosed a personal e-mail address in the c.c. field of its e-mails to over 100 persons involved with an adjudication dispute with an airline. The complainant is of the view that such a practice has highly negative impacts on the privacy of individuals and the security of their individual data systems, and it creates a potential financial hardship for them. All information in response to the complaint, including explanations on why personal information may be shared amongst complainants during an adjudication process record, was provided to the Office of the Privacy Commissioner (OPC) in April 2015. Further to this, the OPC was advised of the Federal Court of Appeal Decision No. 2015-FCA-140 in June 2015. Results of the OPC investigation into this complaint are pending.

9. Time monitoring

The Agency's corporate ATIP system, PrivaSoft AccessPro, tracked all administrative activities and set due dates in order to meet statutory timelines. Due dates for all actions were communicated to staff. All actions were also detailed in a separate tracking tool. Processing time was not otherwise monitored except by Legal Services in support of their internal processes. Case status updates were provided to Executive Committee on a monthly basis and actioned as required.

10. Material privacy breaches

No material privacy breaches were identified during the reporting period. 

11. Privacy Impact Assessments

Two PIAs were conducted during the reporting period. One was conducted on the web forms used to collect personal information and the other was on a new case management system (Microsoft Dynamics CRM) that was recently implemented at the Agency. The PIA for the case management system was completed and submitted to the Office of the Privacy Commissioner and Treasury Board Secretariat. A summary is posted on the Agency's website. The other PIA has been completed since the end of the reporting period.

12. 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 PA.

Appendix A: Statistical Report on the Privacy Act

Name of institution: Canadian Transportation Agency

Reporting period: 2015-04-01 to 2016-03-31

Part 1 – Requests Under the Privacy Act

  Number of Requests
Received during reporting period 2
Outstanding from previous reporting period 1
Total 3
Closed during reporting period 2
Carried over to next reporting period 1

Part 2 – Requests Closed During the Reporting Period

2.1 Disposition and completion time
Disposition of Requests Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More than 365 Days Total
All disclosed 1 0 0 0 0 0 0 1
Disclosed in part 0 0 1 0 0 0 0 1
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 1 0 1 0 0 0 0 2
2.2 Exemptions
Section Number of Requests
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 0
19(1)(d) 0
19(1)(e) 0
19(1)(f) 0
20 0
21 0
22(1)(a)(i) 0
22(1)(a)(ii) 0
22(1)(a)(iii) 0
22(1)(b) 0
22(1)(c) 0
22(2) 0
22.1 0
22.2 0
22.3 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 1
27 1
28 0
2.3 Exclusions
Section Number of Requests
69(1)(a) 0
69(1)(b) 0
69.1 0
70(1) 0
70(1)(a) 0
70(1)(b) 0
70(1)(c) 0
70(1)(d) 0
70(1)(e) 0
70(1)(f) 0
70.1 0
2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 0 1 0
Disclosed in part 0 1 0
Total 0 2 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Disposition of Requests Number of Pages Processed Number of Pages Disclosed Number of Requests
All disclosed 19 19 1
Disclosed in part 2880 2455 1
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
Neither confirmed nor denied 0 0 0
Total 2899 2474 2
2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
All disclosed 1 19 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 1 2455 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 1 19 0 0 0 0 1 2455 0 0
2.5.3 Other complexities
Disposition Consultation Required Legal Advice Sought Interwoven Information Other Total
All disclosed 0 1 1 0 2
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 0 1 1 0 2

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
0 0 0 0 0
2.6.2 Number of days past deadline
Number of Days Past Deadline Number of Requests Past Deadline Where No Extension Was Taken Number of Requests Past Deadline Where An Extension Was Taken Total
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 0 0
2.7 Requests for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 1 0 1
Total 1 0 1

Part 3 – Disclosures Under Subsections 8(2) and 8(5)

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

Part 4 – Requests for Correction of Personal Information and Notations

Disposition for Correction Requests Received Number
Notations attached 0
Requests for correction accepted 0
Total 0

Part 5 – Extensions

5.1 Reasons for extensions and disposition of requests
Disposition of Requests Where an Extension Was Taken 15(a)(i) Interference With Operations 15(a)(ii) Consultation 15(b) Translation or Conversion
Section 70 Other
All disclosed 0 0 0 0
Disclosed in part 1 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 1 0 0 0
5.2 Length of extensions
Length of extensions 15(a)(i) Interference with operations 15(a)(ii) Consultation 15(b) Translation purposes
Section 70 Other
1 to 15 days 0 0 0 0
16 to 30 days 1 0 0 0
Total 1 0 0 0

Part 6 – Consultations Received from Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and organizations
Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during the reporting period 1 19 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 1 19 0 0
Closed during the reporting period 1 19 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 of Canada institutions
Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More than 365 Days Total
All disclosed 1 0 0 0 0 0 0 1
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
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
6.3 Recommendations and completion time for consultations received from other organizations
Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More than 365 Days Total
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 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
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

7.1 Requests with Legal Services
Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0
7.2 Requests with Privy Council Office
Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

Part 8 – Complaints and Investigations Notices Received

Section 31 Section 33 Section 35 Court Action Total
0 0 0 0 0

Part 9 – Privacy Impact Assessments (PIAs)

Number of PIA(s) completed 1

Part 10 – Resources related to the Privacy Act

10.1 Costs
Expenditures Amount
Salaries $50,291
Overtime $0
Goods and Services $1,770
Professional services contracts $1,370
Other $400
Total $52,061
10.2 Human Resources
Resources Person Years Dedicated to Privacy Activities
Full-time employees 0.64
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.03
Total 0.67

Note: Enter values to two decimal places.

Appendix B: October 2015 Delegation Order

Canadian Transportation Agency

Delegation Order

Access to Information Act, Access to Information Regulations, Privacy Act and Privacy Regulations

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

Scott Streiner

Chairman and Chief Executive Officer

Date: 2015-10-09

Section of the PrivacyAct Description Authority Delegated to
    General Counsel Access to Information and Privacy Coordinator ATIP Analyst IM/IT Director
8(2)(j)(m) Disclosure of personal information
  • authorize the disclosure of personal information for research purposes and in the public interest or the interest of the individual
X X    
8(4) Requests from investigative bodies
  • retain a copy of the requests and the disclosed records
X X    
8(5) 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
X X    
9(1) 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
X X    
9(4) 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
      X
10 Include personal information in Personal Information Banks
  • include all personal information under the control of the Agency in Personal Information Banks
      X
14(a) Notice where access requested
  • give written notice to individuals, as to whether or not access to the records will be given and provide access if access is to be given
X X X  
14(b) Giving access to the record X X    
15 Extension of time limits
  • extend time limits for responding to requests for access
X X X  
17(2)(b) Language of access
  • decide whether to translate information
X X    
17(3)(b) Access in an alternative format
  • determine if the giving of access in an alternative format to a person with a sensory disability is necessary and reasonable
X X    
18(2) Exempt banks
  • Refuse to disclose information contained in an exempt bank
X X    
  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 X    
19(1)(2) Personal information obtained in confidence X X    
20 Federal-provincial affairs X X    
21 International affairs and defence X X    
22 Law enforcement and investigation X X    
23 Information prepared by an investigative body for security clearances X X    
24 Information collected by the Canadian Penitentiary Services, National Parole Services or National Parole Board X X    
25 Safety of individuals X X    
26 Personal information about other individuals X X    
27 Solicitor-client privilege X X    
28 Medical records X X    
31 Receive notice of investigations
  • receive notice of investigations by the Privacy Commissioner
X X    
33(2) Right to make representations
  • make representations to the Privacy Commissioner during investigation
X X    
35(1) Privacy Commissioner's Report
  • receive Commissioner's report of findings, give notice of action taken
X X    
35(4) Access to be given to complainant
  • give complainant access to information after 35(1)(b) notice
X X    
36(3) Review of exempt banks
  • receive Commissioner's findings of investigation of exempt bank
X X    
37(3) Compliance investigation
  • receive report of Privacy Commissioner's findings after compliance investigations of sections 4 to 8
X X    
51(2)(b) Special rules for hearings
  • request that Section 51 court hearings be held in NCR
X X    
51(3) Representations in hearings
  • request and be given right to make representations in Section 51 hearings
X X    
72(1) Annual Report
  • submit Annual Report to Parliament
X X    
77 Responsibilities under sections 9, 11, 13 and 14 of the Privacy Regulations   X X    
9 Provide reasonable facilities and time for examination of information X X    
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 X    
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 X    
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 X    

Appendix C: Previous Delegation Order

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

Action Section of the PrivacyAct Authority Delegated to
General Counsel Access 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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