2021-2022 Annual Report on the Administration of the Privacy Act

Table of Contents

• Introduction
  • Purpose
  • Institutional Mandate
• Organizational Structure
• Delegation of Authority
• Performance
  • COVID-19 Impacts and Operational Measures
  • Annual Statistical Report
• Operating Costs
• Training and Awareness
• Policies, Guidelines, Procedures and Initiatives
• Key Issues and Actions Taken on Complaints
• Monitoring Compliance
• Material Privacy Breaches
• Privacy Impact Assessments
• Public Interest Disclosures
• Annex A – Annual Statistical Report on the Privacy Act
• Annex B – Delegation of ATIP Authority

Introduction

Purpose

The Privacy Act (Revised Statutes of Canada, 1985, Chapter A-1) was proclaimed on July 1, 1983.

The purpose of the Privacy Act is "to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution and that provide individuals with a right of access to that information." The law also protects an individual's privacy by preventing others from having access to that personal information and allows an individual specific rights concerning the collection and use of their information.

Section 72 of the Privacy Act requires that the head of every government institution prepare for submission to Parliament an annual report on the administration of the Act within the institution during each financial year.

This annual report is tabled in Parliament pursuant to section 72 of the Privacy Act and describes how the Federal Economic Development Agency for Northern Ontario (FedNor) administered its responsibilities for the reporting period.

Institutional Mandate

FedNor is the Government of Canada's economic development organization for Northern Ontario, and as such, it is key to helping deliver on the federal government's Prosperity and Growth Strategy for Northern Ontario.

Through its programs and services, and through its financial support of projects that lead to job creation and economic growth, FedNor works with businesses and community partners to build a stronger Northern Ontario.

FedNor has two main funding vehicles, the Northern Ontario Development Program (NODP), which focuses on community economic development, and the Regional Economic Growth through Innovation (REGI) program, which focuses on business scale-up and productivity, and regional innovation ecosystems.

Through the Community Futures Program, FedNor also supports a network of 24 Community Futures Development Corporations (CFDCs) across Northern Ontario. These locally driven CFDCs provide business financing and services, as well as support for community-based economic development projects.

Also, as the need is determined and priorities change, FedNor delivers other Government of Canada programs designed to contribute to economic development in Northern Ontario. Recent examples include the Economic Development Initiative (EDI) for Official Language Minority Communities, Women Entrepreneurship Strategy, as well as the Steel and Aluminum Initiative.

In addition to its efforts through these funding vehicles, FedNor is strongly focused on outreach and collaboration efforts that engage community leaders and stakeholders as we work to better meet the current and future needs of Northern Ontario. FedNor does this by identifying and actively leading important files including the emerging Ring of Fire mining development – considered a multigenerational mining opportunity that could re-shape Northern Ontario's economy – as well as by collaborating with our federal partners to ensure Northerners have full access to the wide slate of programs and services offered by the Government of Canada.

In short, FedNor is your federal partner in Northern Ontario.

On August 12, 2021, FedNor ceased to operate as a program of Innovation, Science and Economic Development Canada, and became a fully independent agency of the Government of Canada, lead by the Hon. Patty Hajdu, Minister of Indigenous Services and Minister for the Federal Economic Development Agency for Northern Ontario. At the time of this report, FedNor is also lead and supported by an Interim President.

For more information on the Agency's organizational mandate letter commitments, see the ministers' mandate letters section of the Prime Minister's website.

Organizational Structure

Since the establishment of FedNor as a fully independent agency of the Government of Canada on August 12, 2021, Access to Information and Privacy (ATIP) Services has been part of FedNor's Corporate Services office, located in Sudbury, Ontario, where one employee is responsible for coordinating ATIP functions, as one of multiple corporate services responsibilities.

ATIP Services is responsible for the implementation and management of programs and services relating to the administration of the Access to Information Act and the Privacy Act for the Agency. Specifically, ATIP Services makes decisions on the disposition of ATI and privacy requests; promotes awareness of the legislation to ensure departmental responsiveness to statutory obligations; monitors and advises on departmental compliance with the Acts, regulations, procedures, and policies; and represents ISED on ATIP matters when dealing with the Treasury Board of Canada Secretariat (TBS), the Office of the Information Commissioner of Canada, the Office of the Privacy Commissioner of Canada, the Privy Council Office, and other government institutions. ATIP Services is also responsible for consulting with other federal departments and third parties with respect to ATIP requests.

Section 96 of the Access to Information Act permits institutions reporting to the same minister to enter into agreements with each other for the purpose of sharing ATIP resources and capacity. However, FedNor currently has no such agreements in place. However, a memorandum of understanding is in place with Innovation, Science and Economic Development Canada for the ongoing fulfilment of certain ATIP reporting functions, during FedNor's transition to a fully independent Agency.

Delegation of Authority

FedNor's enabling legislation identifies its head as being the Deputy Minister / President. In addition to managing the institution and overseeing management of its personnel, the Deputy Minister / President is responsible for the application of the Privacy Act (PI). As at March 31, 2022, the Deputy Minister / President had not delegated any authority to other individuals.

Performance

FedNor received no requests under the Privacy Act during the reporting period. Further, as FedNor was only established as a fully independent operating agency of the Government of Canada on August 12, 2021, the Agency had no requests carried-in from the previous year. Therefore, there is nil information to report for the following reporting components prescribed by the Treasury Board of Canada Secretariat (TBS):

• Responses Within Legislated Timelines;
• Multi-Year Trends;
• Requests Carried-in From 2020-2021 and Carried-out to 2022-2023;
• Three-Year Overview of Sources and Subjects of Requests;
• Completion Times for Closed Requests;
• Disposition of Requests;
• Nature of Information Requested;
• Exemptions and Exclusions;
• Extensions; and
• Consultations Completed for Other Institutions.

COVID-19 Impacts and Operational Measures

FedNor's ATIP Services were not affected by the COVID-19 pandemic during the reporting period.

Annual Statistical Report

The TBS prescribes requirements for annual statistical reports on the Privacy Act, which must comprise part of the corresponding annual reports to Parliament. FedNor's Annual Statistical Report on the Privacy Act is attached to this report as Annex A.

Operating Costs

The cost of delivering FedNor's Privacy program and services for 2021–2022 was $1,168, all of which were salary costs, representing 0.02 full-time employees when averaged over the year.

Training and Awareness

FedNor did not conduct any ATIP training and awareness activities during the reporting period.

Policies, Guidelines, Procedures, and Initiatives

FedNor did not develop any new policies, guidelines or procedures or undertake any new initiatives pertaining to ATIP during the reporting period.

Key Issues and Actions Taken on Complaints

As FedNor neither carried-in any outstanding requests from the previous year under the Privacy Act, nor received any new requests during the current reporting period, there is nil information to report on complaints.

No audits relating to the administration of the Privacy Act were conducted during the reporting period.

Monitoring Compliance

In consideration of having received no requests under the Privacy Act since becoming a fully independent agency of the Government of Canada on August 12, 2021, FedNor is in the process of developing strategies and plans pertaining to ATIP compliance.

Material Privacy Breaches

No material breaches of privacy that required reporting to the Privacy Commissioner of Canada or to the TBS occurred during the reporting period.

Privacy Impact Assessments

FedNor completed no Privacy Impact Assessments during the reporting period.

Public Interest Disclosures

Paragraph 8(2)(m) of the Privacy Act gives heads of institutions the discretion to disclose personal information where disclosure would clearly benefit the individual to whom the information pertains or when the interest in public disclosure clearly outweighs the privacy of the concerned individual.

FedNor made no such disclosures during the reporting period.

Annex A – Annual Statistical Report on the Privacy Act

Name of institution: Federal Economic Development Agency for Northern Ontario

Reporting period: 2021-08-12 to 2022-03-31

Section 1: Requests Under the Privacy Act

Section 2: Informal Requests

Section 3: Requests Closed During the Reporting Period

3.5 Complexity

3.7 Deemed refusals

Section 6: Extensions

Section 7: Consultations Received From Other Institutions and Organizations

Section 8: Completion Time of Consultations on Cabinet Confidence

Section 10: Privacy Impact Assessments (PIAs) and Personal Information Banks (PIBs)

Section 11: Privacy Breaches

Section 12: Resources Related to the Privacy Act

Annex B – Delegation of ATIP Authority

Not applicable:

FedNor's enabling legislation identifies its head as being the Deputy Minister / President. In addition to managing the institution and overseeing management of its personnel, the Deputy Minister / President is responsible for the application of the Privacy Act (PI). As at March 31, 2022, the Deputy Minister / President had not delegated any authority to other individuals.