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Annual Report on the Administration of the

Access to Information Act

and the Privacy Act for 2014-2015

Canadian Transportation Agency Annual Report on the Administration of the Access to Information Act

And the Privacy Act for 2014-2015

1

Table of contents

Section I: Annual report on the Administration of the Access to Information Act ............. 1

1. Introduction ......................................................................................................................... 2

2. Organization of Agency responsibilities related to the Administration of the Access to Information Act ................................................................................................................... 2 Informal requests ............................................................................................................................................................... 3

3. Delegation of Authority ....................................................................................................... 3

4. Interpretation of the statistical summary report ................................................................... 3

5. Training .............................................................................................................................. 8

6. Institutional policies, guidelines and procedures ................................................................ 8

7. Key issues .......................................................................................................................... 8

8. Time monitoring .................................................................................................................. 8

Section II: Annual Report on the Administration of the Privacy Act .................................... 9

1. Introduction ......................................................................................................................... 9

2. Organization of Agency responsibilities related to the administration of the Privacy Act .. 10 Formal and informal interface ......................................................................................................................................... 10 Implementation of the Privacy program .......................................................................................................................... 10

3. Delegation of Authority ..................................................................................................... 10

4. Explanation of the statistical summary report ................................................................... 11

5. Training ............................................................................................................................ 11

6. Institutional policies, guidelines and procedures ............................................................... 11

7. Key issues ........................................................................................................................ 11

8. Time monitoring ................................................................................................................ 11

9. Material Privacy Breaches ................................................................................................ 11

10. Privacy Impact Assessments ......................................................................................... 11

11. Disclosure pursuant to paragraph 8(2)(m) ...................................................................... 11

Appendix A: Statistical Report on the Access to Information Act .......................................... 12

Appendix B: Statistical Report on the Privacy Act ............................................................... 20

Appendix C: Signed Delegation of Authority ......................................................................... 27

Appendix D ............................................................................................................................ 28 Table 1: Delegation of Authority – Access to Information ............................................................................................... 28 Table 2: Delegation of Authority – Privacy ....................................................................................................................... 31

Section I: Annual report on the Administration of the Access to Information Act



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1. Introduction 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 under the control of a federal government institution, except in limited and specific circumstances.

Section 72 of the ATIA requires that the head of every government institution 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, 2014 to March 31, 2015.

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 involving air, rail and marine modes of transportation 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 licenses, 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.

2. Organization of Agency responsibilities related to the Administration of the Access to Information Act

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

At the Agency, the Access to Information and Privacy (ATIP) Coordinator shares delegated authority with the General Counsel. Information Services staff support the Coordinator with respect to the processing of requests on a part-time basis, as required.

The Coordinator receives and administers all formal requests. Each request is then forwarded to the Director of the office of primary interest (OPI), who is the subject matter expert. The OPI collects the records with the assistance of the Information Services' staff. The review and analysis of the records is carried out jointly by the Agency Coordinator, subject matter experts and Legal Services Directorate.



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The Coordinator prepares responses to formal requests and routes them through the General Counsel and the Chair for approval. A copy is provided to the Communications Directorate for information. Each application has an individual case file, and administrative actions are recorded in the ATIP corporate system, AccessPro. The Coordinator manages any interdepartmental and third party consultations.

Informal requests

The appropriate directorate handles the majority of information requests through informal release mechanisms as 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 dispute proceeding unless the person filing the document makes a claim for confidentiality and it is accepted by the Agency.

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

3. Delegation of Authority

The Chair delegates responsibilities to Agency employees. The ATIP Coordinator for the Agency shares delegated authority with the General Counsel of the Agency. A copy of the Delegation of Authority, indicating what duties have been delegated and to whom, is attached as Appendix D, Table 1.

4. Interpretation of the statistical summary report

Attached as Appendix A is the form entitled “Statistical 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, 2013 to March 31, 2014, the Agency received 20 new ATIA requests. This represents a decrease of ten requests over the previous year. Eight requests were outstanding from 2013-2014, resulting in a total of 28 active requests. Eight requests were carried over to 2014-2015.

In addition, the Agency processed twenty-seven informal requests during the 2014-2015 reporting period, compared to 41 informal requests in 2013-2014.



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

Reporting period Requests received Requests completed

2014-2015 28 22

2013-2014 30 25

2012-2013 12 10

2011-2012 23 27

2010-2011 13 10



5

13

23

12

30

20

0

5

10

15

20

25

30

35

2010/2011 2011/2012 2012/2013 2013/2014 2014/2015

Re

qu

est

s re

ceiv

ed

ATIA Requests



6

76,92%

96,43%

76,92% 75,76%

78,57%

70%

75%

80%

85%

90%

95%

100%

2010/2011 2011/2012 2012/2013 2013/2014 2014/2015

Completed ATIA Requests



7

3,7%

10,0% 3,7%

40,00%

18,52% 30,00% 64,00%

68,18%

15,38%

17,86%

23,08% 54,55% 107,14%

7,7%

57,1%

15,4% 39,4% 50,0%

7,41% 10,00% 16,00%

13,64%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

2010/2011 2011/2012 2012/2013 2013/2014 2014/2015

Analysis of Exemptions

S. Art. 13(1)( e) S. Art. 16(2) S. Art. 19(1) S. Art. 20(1)

S. Art 21(1) S. Art 22 S. Art 23 S. Art 26



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5. Training

No formal training was provided for this reporting period. However, ad-hoc recommendations, awareness and one-on-one assistance were provided to OPIs.

6. Institutional policies, guidelines and procedures

The Agency did not implement any new or revised Access to Information related policies, guidelines or procedures during the reporting period.

7. Key issues

No issues were raised from complaints and investigations. No complaints were received during the 2014-2015 reporting period. One complaint from reporting period 2012-2013 is currently under investigation.

8. Time monitoring

The Agency's internal procedures for each ATIA request includes a tracking form that is provided to the OPI when the request is routed for information retrieval. Employees retrieving the information indicate the time spent to retrieve and copy the relevant information, as well as time spent providing recommendations for disclosure. The forms are placed on each file. The Agency's corporate ATIP system tracks administrative activities and time. Case status updates are provided to the Agency Management Committee (MC) on a monthly basis and actioned as required.



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Section II: Annual Report on the Administration of the Privacy Act

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, 2014 to March 31, 2015.

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 air, rail and

marine transportation services, rates, fees and charges, terms and

conditions of carriage, as well as accessibility matters.

Accessibility: to ensure Canada's national transportation system is

accessible to all persons, particularly those with disabilities.



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

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

At the Agency, the Access to Information and Privacy (ATIP) Coordinator shares delegated authority with the General Counsel. Information Services staff support the Coordinator with respect to the processing of requests on a part-time basis, as required.

The Coordinator receives and administers all requests and determines who should process the request and locate the records. The review and analysis of the records is carried out jointly by the Agency's Coordinator and Legal Services Directorate.

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, and administrative actions are recorded in the ATIP corporate system, AccessPro. The Coordinator manages any consultations required.

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 respect to the implementation of the privacy program. The Agency has case in the Federal Court of Appeal regarding the treatment of personal information on the public record. The focus for the ATIP Coordinator 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 D, Table 2.



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4. Explanation of the statistical summary report The form entitled Statistical Report on the Privacy Act, is attached as Appendix B. There was one formal request for personal information during the reporting period. The Agency does not maintain many Personal Information Banks and the number of formal requests for personal information is usually low. Therefore, there are no trends to observe.

5. Training No formal training was provided for this reporting period. However, ad-hoc recommendations, awareness and one-on-one assistance were provided to OPIs.

6. Institutional policies, guidelines and procedures

The Agency did not implement any new or revised privacy related policies, guidelines or procedures during the reporting period.

7. Key issues

The Agency received one complaint during this reporting period.

8. Time monitoring

The Agency's internal procedures for each PA request includes a tracking form that is provided to the designated official when the request is routed for information retrieval. Employees retrieving the information indicate the time spent to retrieve and copy the relevant information, as well as time spent providing recommendations for disclosure. The forms are placed on each file. The Agency's corporate ATIP system tracks administrative activities and time. Case status updates are provided to the Agency Management Committee (MC) on a monthly basis and actioned as required.

9. Material Privacy Breaches No material privacy breaches were identified during the reporting period.

10. Privacy Impact Assessments

No Privacy Impact Assessments were completed during the reporting period.

11. 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.



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Appendix A: Statistical Report on the Access to Information Act

Statistical Report on the Access to Information Act

Name of institution: Canadian Transportation Agency

Reporting period: 2014-04-01 to 2015-03-31

Part 1: Requests Under the Access to Information Act

1.1 Number of requests

Number of Requests

Received during reporting period 20

Outstanding from previous reporting period 8

Total 28

Closed during reporting period 22 Carried over to next reporting period 6

1.2 Sources of requests

Source Number of Requests

Media 1

Academia 0

Business (private sector) 18

Organization 0

Public 1

Decline to Identify 0

Total 20

1.3 Informal 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

11 7 4 4 0 1 0 27

Note: All requests previously recorded as “treated informally” will now be accounted for in this section only.

TBS/SCT 350-63 (Rev. 2011/03)



13

Section

Number

of

Requests

Section

Number

of

Requests

Section

Number

of

Requests

Section

Number

of

Requests

13(1)(a) 0 16(2) 0 18(a) 1 20.1 0

13(1)(b) 0 16(2)(a) 0 18(b) 0 20.2 0

13(1)(c) 0 16(2)(b) 0 18(c) 0 20.4 0

13(1)(d) 0 16(2)(c) 0 18(d) 0 21(1)(a) 6

13(1)(e) 0 16(3) 0 18.1(1)(a) 0 21(1)(b) 7

14 0 16.1(1)(a) 0 18.1(1)(b) 0 21(1)(c) 1

14(a) 0 16.1(1)(b) 0 18.1(1)(c) 0 21(1)(d) 0

14(b) 0 16.1(1)(c) 0 18.1(1)(d) 0 22 0

15(1) 1 16.1(1)(d) 0 19(1) 15 22.1(1) 0

15(1) - I.A.* 1 16.2(1) 0 20(1)(a) 1 23 3

15(1) - Def.* 1 16.3 0 20(1)(b) 14 24(1) 1

15(1) - S.A.* 1 16.4(1)(a) 0 20(1)(b.1) 0 26 0

16(1)(a)(i) 0 16.4(1)(b) 0 20(1)(c) 14 16(1)(a)(ii) 0 16.5 0 20(1)(d) 2

16(1)(a)(iii) 0 17 0 16(1)(b) 0 16(1)(c) 1

16(1)(d) 0

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 0 0 0 0 0 0 0 0

Disclosed in part 0 7 3 2 0 4 2 18

All exempted 0 0 0 0 0 0 0 0

All excluded 0 0 0 0 0 0 0 0

No records exist 3 1 0 0 0 0 0 4

Request transferred 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 3 8 3 2 0 4 2 22

2.2 Exemptions

* I.A.: International Affairs Def.: Defence of Canada S.A.: Subversive Activities



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2.3 Exclusions

2.4 Format of information released

Disposition Paper Electronic Other Formats

All disclosed 0 0 0

Disclosed in part 16 2 0

Total 16 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 0 0 0


All exempted 0 0 0

All excluded 0 0 0

Request abandoned 0 0 0

Neither confirmed nor

denied

0

0

0

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 0 0 0 0 0 0 0 0 0 0 Disclosed in

part 8 229 3 691 1 592 6 6309 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 8 229 3 691 1 592 6 6309 0 0

Section

Number of

Requests

Section

Number of

Requests

Section

Number of

Requests

68(a) 0 69(1) 0 69(1)(g) re (a) 0

68(b) 0 69(1)(a) 0 69(1)(g) re (b) 0

68(c) 0 69(1)(b) 0 69(1)(g) re (c) 0

68.1 0 69(1)(c) 0 69(1)(g) re (d) 0

68.2(a) 0 69(1)(d) 0 69(1)(g) re (e) 0

68.2(b) 0 69(1)(e) 0 69(1)(g) re (f) 0

69(1)(f) 0 69.1(1) 0



15

2.5.3 Other complexities

Disposition

Consultation

Required

Assessment of

Fees

Legal Advice

Sought

Other

Total

All disclosed 0 0 0 0 0

Disclosed in

part 8 0 0 0 8

All exempted 0 0 0 0 0

All excluded 0 0 0 0 0

Request

abandoned 0 0 0 0 0


0 0 0 0 0

Total 8 0 0 0 8

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

7 1 3 1 2

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 1 0 1

16 to 30 days 0 0 0

31 to 60 days 0 0 0

61 to 120 days 0 2 2

121 to 180 days 0 1 1

181 to 365 days 1 1 2

More than 365 days 0 1 1

Total 2 5 7

2.7 Requests for translation

Translation Requests Accepted Refused Total

English to French 0 0 0

French to English 0 0 0

Total 0 0 0



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Part 3: Extensions

Part 4: Fees

3.1 Reasons for extensions and disposition of requests

Disposition of Requests Where

an Extension Was Taken

9(1)(a)

Interference With

Operations

9(1)(b)

Consultation

9(1)(c)

Third-Party

Notice

Section 69

Other

All disclosed 0 0 0 0

Disclosed in part 4 0 4 4

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 4 0 4 4

3.2 Length of extensions

Length of Extensions

9(1)(a)

Interference With

Operations

9(1)(b)

Consultation

9(1)(c)

Third-Party

Notice

Section 69

Other

30 days or less 3 0 1 0

31 to 60 days 0 0 1 2

61 to 120 days 1 0 2 2

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 4 0 4 4

Fee Type

Fee Collected Fee Waived or Refunded Number of

Requests

Amount

Number of

Requests

Amount

Application 22 $110 0 $0

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 0 $0

Total 22 $110 0 $0



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Part 5: Consultations Received From Other Institutions and Organizations

5.1 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 reporting period 2 8 7 172

Outstanding from the previous reporting period

0 0 1 9

Total 2 8 8 181

Closed during the reporting

period 2 8 8 181

Pending at the end of the

reporting period 0 0 0 0

5.2 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

16 to

31 to

61 to

121 to

181 to

More

Total

Than

30 60 120 180 365 365

Days Days Days Days Days Days Days

Disclose entirely 2 0 0 0 0 0 0 2

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 2 0 0 0 0 0 0 2


organizations

Recommendation


1 to 15

16 to

31 to

61 to

121 to

181 to

More

Total

Than

30 60 120 180 365 365


Disclose entirely 5 2 0 0 0 0 0 7

Disclose in part 1 0 0 0 0 0 0 1

Exempt entirely 0 0 0 0 0 0 0 0

Exclude entirely 0 0 0 0 0 0 0 0


Other 0 0 0 0 0 0 0 0

Total 6 2 0 0 0 0 0 8



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Part 6: Completion Time of Consultations on Cabinet Confidences

Part 7: Complaints and Investigations

Part 8: Court Action

6.1 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

6.2 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

Section 32 Section 35 Section 37 Total

0 0 0 0

Section 41 Section 42 Section 44 Total

0 0 0 0



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Part 9: Resources related to the Access to Information Act

9.1 Costs

Expenditures Amount

Salaries $39,475

Overtime $2,402

Goods and Services $119,879

• Professional services contracts $113,879 • Other $6,000

Total $161,756

9.2 Human Resources

Resources

Person Years Dedicated

to Access to Information

Activities

Full-time employees 0.50

Part-time and casual employees 0.00

Regional staff 0.00

Consultants and agency personnel 0.75

Students 0.00

Total 1.25

Note: Enter values to two decimal places.



20

Appendix B: Statistical Report on the Privacy Act

Statistical Report on the Privacy Act

Name of institution: Canadian Transportation Agency

Reporting period: 2014-04-01 to 2015-03-31

Part 1: Requests Under the Privacy Act

Number of Requests

Received during reporting period 1

Outstanding from previous reporting period 0

Total 1

Closed during reporting period 1

Carried over to next reporting period 0

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 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 0 0 0 0 0 0 0 0 Neither confirmed nor

denied

0

0

0

0

0

0

0

0

Total 1 0 0 0 0 0 0 1

TBS/SCT 350-63 (Rev. 2014/03)



21

2.2 Exemptions

Section

Number of

Requests

Section

Number of

Requests

Section

Number of

Requests

18(2) 0 22(1)(a)(i) 0 23(a) 0

19(1)(a) 0 22(1)(a)(ii) 0 23(b) 0

19(1)(b) 0 22(1)(a)(iii) 0 24(a) 0

19(1)(c) 0 22(1)(b) 0 24(b) 0

19(1)(d) 0 22(1)(c) 0 25 0

19(1)(e) 0 22(2) 0 26 0

19(1)(f) 0 22.1 0 27 0

20 0 22.2 0 28 0

21 0 22.3 0

2.3 Exclusions

Section

Number of

Requests

Section

Number of

Requests

Section

Number of

Requests

69(1)(a) 0 70(1) 0 70(1)(d) 0

69(1)(b) 0 70(1)(a) 0 70(1)(e) 0

69.1 0 70(1)(b) 0 70(1)(f) 0

70(1)(c) 0 70.1 0

2.4 Format of information released

Disposition Paper Electronic Other formats

All disclosed 0 0 0


Total 0 0 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 0 0 0


All exempted 0 0 0

All excluded 0 0 0

Request abandoned 0 0 0


denied

0

0

0

Total 0 0 0



22

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 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

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 0 0 0 0 0 0 0 0 0 0

2.5.3 Other complexities

Disposition

Consultation

Required

Legal Advice

Sought

Interwoven

Information

Other

Total

All disclosed 0 0 0 0 0

Disclosed in

part 0 0 0 0 0

All exempted 0 0 0 0 0

All excluded 0 0 0 0 0

Request

abandoned 0 0 0 0 0

Neither

confirmed nor

denied

0

0

0

0

0

Total 0 0 0 0 0

2.6 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



23

2.6.2 Number of days past deadline

2.6 Requests for translation

Translation Requests Accepted Refused Total

English to French 0 0 0

French to English 0 0 0

Total 0 0 0

Part 3: Disclosures under Subsections 8(2) and 8(5)

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

0 0 0 0

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 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

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



24

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 0 0 0 0

Total 0 0 0 0

Part 6: Consultations Received from Other Institutions and Organizaitons

6.1 Consultations received from other Government of Canada institutions and other

organizations

Consultations

Other

Government of

Canada

Institutions

Number of Pages

to Review

Other

Organizations

Number of Pages

to Review

Received during the reporting

period 0 0 0 0

Outstanding from 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


Government of Canada institutions

Recommendation


1 to 15

16 to 30

31 to 60

61 to

121 to

181 to

More

Total

Than

120 180 365 365




All exempted 0 0 0 0 0 0 0 0

All excluded 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



25


organizations

Recommendation

Number of days required to complete consultation requests

1 to 15

16 to 30

31 to 60

61 to

121 to

181 to

More

Total

Than

120 180 365 365

Days Days Days Days Days Ddays Days



All exempted 0 0 0 0 0 0 0 0

All excluded 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



26

Part 8: Complaints and Investigations Notices Received

Section 31 Section 33 Section 35 Court action Total

1 0 0 0 1

Part 9: Privacy Impact Assessments (PIAs)

Number of PIA(s) completed 0

Part 10: Resources Related to the Privacy Act

10.1 Costs

Expenditures Amount

Salaries $25,473

Overtime $0

Goods and Services $13,499

• Professional services contracts $13,499 • Other $0

Total $38,972

10.2 Human Resources

Resources

Person Years Dedicated

to Privacy Activities

Full-time employees 0.25

Part-time and casual employees 0.00

Regional staff 0.00

Consultants and agency personnel 0.00

Students 0.00

Total 0.25

Note: Enter values to two decimal places.



27

Appendix C: Signed 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.

Original signed by:

Geoffrey C. Hare

Chairman and Chief Executive Officer

Date: June 15, 2009



28

Appendix D

Table 1: Delegation of Authority – Access to Information

Action

Section of the Access

to Information

Act

Authority Delegated to

General Counsel

Access 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



29

Action


to Information

Act


General Counsel


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



30

Action


to Information

Act


General Counsel


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


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



31

Table 2: Delegation of Authority – Privacy

Action

Section of the

Privacy Act


General Counsel


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


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


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



32

Action

Section of the

Privacy Act


General Counsel


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


18. Compliance investigation

receive report of Privacy Commissioner’s findings after compliance investigations of sections 4 to 8


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



33

Action

Section of the

Privacy Act


General Counsel


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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