2020-2021 Report on the Administration of the Privacy Act

Annual Reports on the Administration of the Privacy Act

Annual Report to Parliament
April 1, 2020 - March 31, 2021

ISSN 2369-064X

Contents

Message from the Chair

Chairperson Chris McNeil

On behalf of the Veterans Review and Appeal Board, I am pleased to present the 2020-21 annual report to Parliament on the administration of the Privacy Act.

This legislation gives Canadian citizens the right to access and correct personal information held by the Government of Canada. It also protects the individual’s right to privacy by strictly controlling how the government collects, uses, discloses and disposes of this information.

In 2020-21, the Board’s Access to Information and Privacy (ATIP) Unit experienced an increase in formal access requests and a decrease in privacy requests. Formal access requests increased to 12 from 8 in 2019-20, and formal privacy requests decreased to 21 from 50 in 2019-20. The Board has fully adapted to working and operating remotely during the COVID-19 pandemic.

During the past fiscal year, we had full capacity to receive and respond to access to information and personal information requests while meeting legislated timelines.

The Board’s ATIP Unit continued to make efforts to ensure that staff work with the assurance of privacy at the forefront of everything they do.

The VRAB ATIP Unit successfully held two virtual ATIP training sessions for 27 new employees and Board Members.

In 2020-21, the Board continued to provide applicants with an independent avenue of appeal for their disability benefits decisions. In fulfilling this mandate, we are committed to protecting individual rights and developing our capacity in matters of access to information and privacy.

Sincerely,

Chairperson Chris McNeil's signature

Christopher J. McNeil

Chairperson

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The Veterans Review and Appeal Board

Our Objective

The Veterans Review and Appeal Board (the VRAB, the Board) is an independent, administrative tribunal created in 1995. The Board provides an appeal program for service-related disability decisions made by Veterans Affairs Canada (VAC, the Department). This program gives applicants two levels of redress for disability benefits decisions and Critical Injury Benefit decisions. The Board also hears final appeals on War Veterans Allowance applications. The Board’s objective is to ensure that Canada’s Veterans, Canadian Armed Forces, and Royal Canadian Mounted Police Members, and their families receive the disability benefits to which they are entitled.

How We Work

The Board operates at arm’s-length from the Department to ensure a fair appeal process for applicants. Our work is governed by the Veterans Review and Appeal Board Act and delivered by up to 25 Members appointed by the Governor in Council and approximately 70 staff in 2019-20. Our daily work involves conducting hearings in locations across Canada and issuing written decisions for applicants.

Our Hearing Program

The Board provides applicants with two levels of redress: a review hearing and a subsequent appeal hearing if they remain dissatisfied. Our hearings are non-adversarial, which means no one argues against the Veteran. Applicants have access to free case preparation and representation at their hearing by the Bureau of Pensions Advocates (a unique organization of lawyers within VAC). Service Officers from the Royal Canadian Legion also provide free representation. Applicants can also hire a private representative at their own cost or represent themselves before the Board.

The review hearing is the first and only opportunity in the disability adjudication process for applicants to appear before the decision makers and tell their story (provide testimony). We hold review hearings in locations across Canada, where applicants give oral testimony, bring forward witnesses and new information, and present arguments in support of their case. If applicants are not satisfied with their review decision, they can request an Appeal Hearing. The Appeal Hearing is a further opportunity for applicants, through their representative, to submit new information and arguments. Appeal hearings are usually held at the Board’s Head Office in Charlottetown, Prince Edward Island. Due to COVID-19 protocols, hearings are currently being held via video and teleconference.

Our Commitment

The Board is committed to upholding the principles of the Privacy Act while providing applicants with a fair and timely appeal process for disability benefits decisions.

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Introduction

The Privacy Act protects the privacy of individuals with respect to personal information held by a government institution and provides individuals with a right of access to that information. This Act also protects against unauthorized disclosure of that personal information. In addition, it strictly controls how the government will collect, use, disclose, and dispose of any personal information.

Section 72 of the Privacy Act requires that the Head of every government institution prepare an Annual Report on the Administration of the Privacy Act for submission to Parliament during each fiscal year.

Mandate

The Veterans Review and Appeal Board has full and exclusive jurisdiction to hear, determine and deal with all applications for review and appeal that may be made to the Board under the Pension Act, the Veterans Well-being Act - Part 3, the War Veterans Allowance Act and other Acts of Parliament. All matters related to appeals under this legislation are authorized under the Veterans Review and Appeal Board Act.

This Board also adjudicates duty related pension applications under the authority of the Royal Canadian Mounted Police Pension Continuation Act and the Royal Canadian Mounted Police Superannuation Act.

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Fulfilling its Responsibilities under the Privacy Act

The Access to Information and Privacy (ATIP) unit is under the Director, Strategic and Corporate Services who acts on behalf of the Chairperson of the Board to oversee the administration of the Privacy Act.

The Board’s ATIP unit positions include a Deputy Coordinator, a Coordinator, and Senior ATIP Officer. The Board has full responsibility for the administration of the Privacy Act.

Duties of the ATIP unit include:

  • Process requests for information submitted under the Privacy Act in accordance with the legislation, regulations and Treasury Board of Canada Secretariat (TBS) policies, directives and guidelines;
  • Provide the VRAB managers and staff with advice and guidance regarding the interpretation and application of the Privacy Act, and related TBS policies, directives and guidelines;
  • Develop policies, procedures and guidelines for the administration of the Act and related TBS policies and guidelines;
  • Complete Preliminary and Full Privacy Impact Assessments (PIA) as required;
  • Coordinate the resolution of any complaints against the VRAB made to the Privacy Commissioner under the Privacy Act;
  • Promote awareness to ensure employees understand their roles and responsibilities and the Board fulfills its obligations under the Act;
  • Manage privacy breaches and inform the Office of the Privacy Commissioner (OPC) and TBS of all material privacy breaches;
  • Respond to parliamentary written questions on privacy;
  • Review contracts with third parties using TBS guidance documents;
  • Update the VRAB’s Information about Programs and Information Holdings (formerly known as Info Source) chapter on the VRAB website in accordance with the TBS directive; and
  • Prepare the Annual report to Parliament and the Annual Statistical Report on the Administration of the Privacy Act.

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Service Agreements Under Section 73.1 of the Privacy Act

The Veterans Review and Appeal Board had no service agreements under Section 73.1 of the Privacy Act in 2020-21.

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Delegation Order

In September 2020, the Chair of the Veterans Review and Appeal Board delegated his authority for the purposes of the Act. A copy of the signed delegation instrument that took effect on September 1, 2020 is included as Annex 1.

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Highlights of the Statistical Report

The Statistical Report supports oversight, accountability and transparency by providing data on the performance of the Government of Canada‘s access to information and privacy programs.

The following summary provides an overview of the Statistical Report (Annex 2) on the administration of the Privacy Act for the reporting period of April 1, 2020 and March 31, 2021.

The Veterans Review and Appeal Board had no late cases; nor did the Board require extensions due to COVID-19. There was no impact on the VRAB’s ability to fulfill our Access to Information Act responsibilities. No mitigation measures were implemented.

Requests under the Privacy Act

During the 2020-21 reporting period, the VRAB received 21 requests under the Privacy Act. The Board completed all 21 requests during the reporting period. This represents a decrease of 29 requests completed (-58%) compared to last year’s total of 50. The numbers in the table below illustrate privacy requests over the last five years.

Overview of privacy requests for the last five years
Overview of privacy requests for the last five years
  2016-17 2017-18 2018-19 2019-20 2020-21
Received 31 46 32 48 21
Outstanding 2 0 5 2 0
Closed 33 41 35 50 21
Carried Over 0 6 2 0 0

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Requests Closed During the Reporting Period

Disposition and Completion Time

The following two tables illustrate the disposition and completion time of the 21 requests that were completed in 2020-21 with information disclosed in accordance with the provisions of the legislation.

Disposition of Requests Closed
Disposition of Requests Closed
  Number
All Disclosed 6
Disclosed in Part 7
No Records Exist 7
Request Abandoned 1

 

Completion Time of Requests Closed
Completion Time of Requests Closed
  Number
1-15 days 4
16-30 days 3
31-60 days 0

Exemptions

An exemption is a provision under the Privacy Act that authorizes the Head of the institution or delegate to refuse to disclose records in response to a privacy request.

The following table identifies the number of requests to which specific types of exemptions were applied:

Number of Requests by Exemption Type
  2018-2019 2019-2020 2020-2021
Subsection 22(1)(b) Law enforcement investigation 3 0 0
Section 26 information about another individual 14 8 7
Section 27 solicitor-client privilege 1 0 0

Exclusions

Pursuant to sections 69 and 70 of the Privacy Act, the Act does not apply to:

  • library or museum material preserved solely for public reference;
  • material placed in the Library and Archives of Canada;
  • personal information that is publicly available; or
  • confidences of the Queen’s Privy Council.

No exclusions were cited during the 2020-21 reporting period.

Format of Information Released

For requests where information is disclosed, the requester has the right to ask for the information in the format of their choice. During the reporting period six requests were released in whole or in part on paper, 11 were released on CDs and 10 were released under other formats (i.e. digital recordings).

Complexity

During the reporting period, the ATIP unit processed a total of 2,822 pages and disclosed 2,821 pages. This represents a decrease of 5,145 pages processed (-65%) compared to last year’s total of 7,967 pages processed. The following table provides an overview of relevant pages processed and disclosed over the last four years:

Relevant Pages Processed and Disclosed by Fiscal Year
  Number of pages processed Number of pages disclosed Number of requests
2017-2018 10,956 10,925 29
2018-2019 9,239 9,198 31
2019-2020 7,976 6,946 50
2020-2021 2,822 2,821 21

Deemed Refusals

Deemed refusal is when a government institution fails to give access to any personal information requested within the time limits set out in the Act. During the reporting period, the VRAB met all statutory deadlines on requests.

Requests for Translation

In 2020-21, the VRAB did not receive any requests for translation. This is consistent with the previous fiscal year, where no requests requiring translation were received.

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Disclosures Under Subsection 8(2) and 8(5)

During the reporting period the VRAB did not have any disclosures under paragraph 8(2)(e) or 8(2)(m). Therefore, the VRAB had no requirement to notify the Privacy Commissioner under subsection 8(5) of the Privacy Act.

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Requsts for Correction of Personal Information and Notations

In 2020-21, the VRAB did not receive any requests for correction of personal information and/or notations.

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Extensions

The Privacy Act allows institutions to extend the original 30-day time limit under certain, specific circumstances as provided under Section 15 of the Act.

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Consultations Received from Other Institutions and Organizations

The VRAB received one consultation during the reporting period from other Government of Canada institutions. This consultation was completed within 45 days.

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Completion Time of Consultations on Cabinet Confidences

In 2020-21, the VRAB had no consultations on Cabinet Confidences; therefore, there were no requests with legal services or the Privy Council Office for review and recommendation on the application of Section 70 of the Privacy Act.

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Resources Related to the Privacy Act

In 2020-21, the VRAB spent a total of $51,795 administering the Privacy Act. Staff salaries accounted for $54,334 and other administrative costs (representing goods and services) amounted to $2,539. During the reporting period the VRAB dedicated 0.682 person years to privacy activities.

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Training and Awareness

In 2020-21, the VRAB ATIP unit held two ATIP training session for 27 new employees and Board Members. Since its inaugural year in 2013-14, ATIP training has become a key orientation component for all new employees, whether they are indeterminate, term or casual. The training session deals with the appropriate use and protection of personal information, steps to take if a privacy breach occurs, duty to assist, Need to Know principle and employee obligations under the Access to Information Act and the Privacy Act. The Senior ATIP Analyst conducts this training.

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Policies, Guidelines, Procedures and Initiatives

In support of the Government of Canada's ongoing commitment to transparency, openness and accessibility, the Board continued to post summaries of completed ATI requests to open.canada.ca.

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Complaints, audits and Investigations

The VRAB did not receive any complaints nor were there any audits or investigations concluded during the reporting period.

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Monitoring Compliance

The VRAB ATIP unit monitors all requests for information in Access Pro Case Management. This software allows for the inputting and tracking of requests. The Senior ATIP Officer monitors all requests received in the ATIP unit and provides the Coordinator with a weekly status/progress report.

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Material Privacy Breaches

The Board is pleased to note that there were no material privacy breaches during the 2020-21 reporting period.

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Privacy Impact Assessments

During the 2020-21 reporting period, there were no Privacy Impact Assessments completed.

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Public Interest Disclosures

There were no disclosures made under paragraph 8(2)(m) of the Privacy Act during the 2020-2021 reporting period.

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Annex 1 – Delegation Order

Delegation Order – Access to Information Act and Privacy Act

The Chairperson, Veterans Review and Appeal Board, pursuant to Section 73 of the Access to Information Act and section 73 of the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Chairperson as the head of the Veterans Review and Appeal Board, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders.

Schedule by Position
  Access to Information Act and Regulations Privacy Act and Regulations
Director General Full authority Full authority
ATIP Coordinator Full authority Full authority
ATIP Deputy Coordinator Full authority Full authority
Senior ATIP Officer Sections of the Act: 4(2.1), 7(a), 7(b), 8(1), 9, 11(2)(3)(4)(5)(6), 12(2)(b),12(3)(b), 13, 16, 17, 19, 20, 21, 22, 22.1, 23, 24, 25, 26. Sections of the Regulations: 6(1), 7(2), 7(3) Sections of the Act: 14(a), 14(b), 15, 17(2)(b), 17(3)(b), 18(2), 19, 22, 23, 24, 25, 26, 27, 28. Sections of the Regulations: 9, 11(2), 11(4)

Dated, at the City of Charlottetown, this first day of September, 2020.

Chairperson Chris McNeil's signature

Christopher J. McNeil

Chairperson, Veterans Review and Appeal Board

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Annex 2 – Statistical Report on the Privacy Act

TBS/SCT 350-63

Name of institution:
Veterans Review and Appeal Board

Reporting period:
From 2020-04-01 to 2021-03-31


Section 1: Requests under the Privacy Act

1.1 Number of requests

  Number of requests
Received during reporting period 21
Outstanding from previous reporting period 0
Total 21
Closed during reporting period 21
Carried over to next reporting period 0

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Section 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 2 4 0 0 0 0 0 6
Disclosed in part 0 7 0 0 0 0 0 7
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 7 0 0 0 0 0 0 7
Request abandoned 1 0 0 0 0 0 0 1
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 10 11 0 0 0 0 0 21

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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
22.4 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 7
27 0
27.1 0
28 0

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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

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2.4 Format of information released

Paper Electronic Other
2 11 0

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2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Number of pages processed Number of pages disclosed Number of requests
2822 2821 14

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2.5.2 Relevant pages processed and disclosed by size of requests
Disposition 1-100 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 5 51 1 269 0 0 0 0 0 0
Disclosed in part 1 99 4 1326 2 1076 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 1 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 7 150 5 1595 2 1076 0 0 0 0

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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

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2.6 Closed requests

2.6.1 Number of requests closed within legislated timelines
  Requests closed within legislated timelines
Number of requests closed within legislated timelines 21
Percentage of requests closed within legislated timelines (%) 100

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2.7 Deemed refusals

2.7.1 Reasons for not meeting statutory deadline
Number of requests closed past the statutory timelines Principal reason
Interference with operations / workload External consultation Internal consultation Other
0 0 0 0 0

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2.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of days past legislated timelines Number of requests past legislated timeline where no extension was taken Number of requests past legislated timeline where an extension was taken Total
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 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

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2.8 Requests for translation

Translation requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

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Section 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

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Section 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

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Section 5: Extensions

5.1 Reasons for extensions and disposition of requests

Number of requests where an extension was taken 15(a)(i) Interference with operations 15 (a)(ii) Consultation 15(b) Translation purposes or conversion
Further review required to determine exemptions Large volume of pages Large volume of requests Documents are difficult to obtain Cabinet confidence section (Section 70) External Internal
0 0 0 0 0 0 0 0 0

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5.2 Length of extensions
Number of requests where an extension was taken 15(a)(i) Interference with operations 15 (a)(ii) Consultation 15(b) Translation purposes or conversion
Length of Extensions Large volume of pages Large volume of requests Documents are difficult to obtain Cabinet Confidence Section (Section 70) External Internal
1 to 15 days 0 0 0 0 0 0 0 0
16 to 30 days 0 0 0 0 0 0 0 0
31 days or greater n/a n/a n/a n/a n/a n/a n/a 0
Total 0 0 0 0 0 0 0 0

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Section 6: Consultations received from other institutions and organizations

6.1 Consultations received from other government 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 7 1151 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 7 1151 0 0
Closed during the reporting period 7 1151 0 0
Carried over to the next reporting period 0 0 0 0

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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 4 3 0 0 0 0 0 7
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 4 3 0 0 0 0 0 7

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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

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Section 7: Completion time of consultations on Cabinet confidences

7.1 Requests with Legal Services

Number of days 1-100 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

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7.2 Requests with Privy Council Office

Number of days 1-100 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

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Section 8: Complaints and investigations notices received

Section 31 Section 33 Section 35 Court action Total
0 0 0 0 0

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Section 9: Privacy impact Assessments (PIA) and Personal Information Banks (PIB)

9.1 Privacy Impact Assessments

Number of PIA(s) completed 0

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9.2 Personal information banks

  Active Created Terminated Modified
Personal information banks 0 0 0 0

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Section 10: Material privacy breaches

Number of material privacy breaches reported to TBS 0
Number of material privacy breaches reported to OPC 0

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Section 11: Resources related to the Privacy Act

11.1 Costs

Expenditures Amount
Salaries   $51,795
Overtime   0
Goods and services   $2,539
Professional services contracts
0  
Other
$2,539  
Total   $54,334

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11.2 Human resources

Resources Person Years Dedicated to Privacy Activities
Full-time employees 0.682
Part-time and casual employees 0
Regional staff 0
Consultants and agency personnel 0
Students 0
Total 0.682

Note: Enter values to three decimal places.

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Contact Us

This publication can be made available in alternate formats upon request. For further information or to obtain additional copies please contact:

VRAB ATIP Coordinator’s Unit

By mail

PO Box 9900
Charlottetown, PE
C1A 8V7

Visit our website at:

www.vrab-tacra.gc.ca

Send us a secure message:

My VAC Account

In Canada and the United States

Call us toll free at
1-800-450-8006 (English)
1-877-368-0859 (French)

TDD/TYY:

1-833-998-2060

From all other locations

Call us collect at
0-902-566-8751 (English)
0-902-566-8835 (French)

Fax:

1-855-850-4644

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