2020‑2021 Annual Report on the Privacy Act

©Her Majesty the Queen in Right of Canada, represented by the Military Police Complaints Commission of Canada, 2021.

Catalogue No. DP2‑4E | ISSN: 2369‑1816

Table of Contents

  1. Introduction
  2. Organizational Structure
  3. Delegation Order
  4. Privacy Act Statistics
  5. Training and Awareness
  6. Institutional Policies and Procedures
  7. Complaints, Audits and Investigations
  8. Monitoring
  9. Privacy Breaches
  10. Privacy Impact Assessments (PIAs)
  11. Disclosure

1. Introduction

Purpose of the Privacy Act

The Privacy Act (PA) protects the privacy of individuals with respect to personal information about themselves held by a government institution and provides individuals with a right of access to that information.

The Annual Report to Parliament on the PA is prepared and tabled in Parliament in accordance with section 72 of the PA.

Military Police Complaints Commission of Canada

The Mandate

The Military Police Complaints Commission of Canada (MPCC) provides independent civilian oversight of the Canadian Armed Forces (CAF) Military Police (MP) and carries out its quasi-judicial functions pursuant to the powers conferred under Part IV of the National Defence Act.

The MPCC reviews and investigates complaints concerning MP conduct and investigates allegations of interference in MP investigations. The MPCC reports its findings and makes recommendations directly to the MP and national defence leadership.

The Mission

The mission of the MPCC is to promote and ensure the highest standards of conduct of MP in the performance of policing duties, and to discourage interference in any MP investigation.

2. Organizational Structure

The Organization

The Military Police Complaints Commission of Canada (MPCC) is a micro‑agency consisting of 29 planned full‑time equivalents with an ongoing annual budget of $4.7M.

As Deputy Head, the Chairperson is supported by the Senior General Counsel and Director General, the Senior Director of Corporate Services, the General Counsel and Senior Director of Operations, up to four part-time Governor‑in‑Council (GIC) appointed Commission Members, MPCC personnel and consultants.

The MPCC did not provide services related to privacy to other government institutions and was not party to any services agreements with other government institutions under section 73.1 of the Privacy Act.

MPCC Access to Information and Privacy (ATIP) Program

The MPCC ATIP program provides services/products under the Access to Information Act (ATIA) and PA, but also provides services/products during the phases of large Public Interest Hearings (PIH) and investigations. Furthermore, the MPCC continues to utilize an Access to Information and Privacy Framework‑Plans and Strategies encompassing documented processes and management accountability to strengthen the integrity of the ATIP program. 

MPCC Access to Information and Privacy Coordinator and Personnel

The ATIP Coordinator for the MPCC is the Senior Director of Corporate Services (SDCS) who is supported by the Senior Planning & Administration Coordinator (SPAC) and the Administrative Services Officer. The MPCC also engages an ATIP consultant, as required. As such, PA requests are a shared responsibility between two delegated salaried employees, an assistant who provides administrative support and the Offices of Primary Interest (i.e. Operations, Registrar, Finance, the Records and Information Management Officer, etc.) who also perform ATIP duties in addition to their regular workload.

The main activities of the individual handling PA requests are the following;

  • Handles assigned cases, analyzes purpose/history of request, interprets legislation and determines information that may be disclosed, exempted and excluded;
  • Provides advice and consultation to requesters and third party stakeholders and MPCC management and employees, responds to questions and concerns and ensures that they have a clear understanding of legislation and MPCC policies and procedures for handling requests and other PA related issues, including document security classification;
  • Conducts research and consultations with other departments and third parties to prepare responses to requesters;
  • Analyzes and provides recommendations in the preparation of exhibits for disclosure during a PIH in accordance with PA legislation, Open Court Principles and other related policies and procedures; and
  • Prepares reports for MPCC management on PA requests, other PA related issues, including statistical reports, Annual Reports for submission to Parliament and Info Source.

The MPCC does not have any regional offices.

3. Delegation Order

Pursuant to section 73 of the PA, the Chairperson appointed the SDCS, the SPAC and the Administrative Services Officer with the duty to exercise certain powers and to perform duties and functions under the PA and Regulations. (Appendix A – Privacy Act Delegation Order).

4. Privacy Act Statistics

During this review period, the MPCC received ten (10) PA requests and closed eight (8) requests. Two (2) requests were carried-forward to the next fiscal year.

No documents were disclosed for any of the eight (8) PA requests closed as no records existed.

The MPCC responded to eight (8) of the PA requests within the legislated 30‑day timeline.

As a small micro-organization, COVID‑19 related measures did not impact the MPCC's ability to fulfil its Privacy Act responsibilities.

For additional information, please refer to Appendix B and Appendix C.

Extensions

No extension was used under Section 15 of the PA due to external consultations.

Consultations from Other Institutions

No consultation from other government departments was received.

Multi-Year Trends

Due to the generally small numbers of requests, it is difficult to extrapolate trends. The number of requests in 2016‑17 was very low. No Privacy Requests were received by the MPCC in 2017‑18 and in 2018‑19. The MPCC received only five (5) Privacy Requests in 2019‑20. The number of requests increased significantly during the current reporting period 2020‑21.

Number of requests received 2016-17 to 2020-21

Alternate format

Number of requests received 2016‑17 to 2020‑21
2016‑17 2017‑18 2018‑19 2019‑20 2020‑21
4 0 0 5 10

5. Training and Awareness

In 2020‑21, the MPCC implemented a learning directive aimed at providing managers and employees a common understanding of the MPCC's expectations regarding learning development. The objective of the directive is to help build a skilled, well-trained and professional workforce, strengthen organizational leadership, and adopt leading-edge practices to encourage innovation and continuous improvement in performance. The directive requires the completion of two mandatory online courses on privacy through the Canada School of Public Service, Access to Information and Privacy Fundamentals (I015) and Fundamentals of Information Management (I301).

6. Institutional Policies and Procedures

During the reporting period, the MPCC accepted requests using the Government of Canada's ATIP Online Request Portal that provides a centralized point of access for the public for a faster, easier and more convenient way to submit access to information or privacy requests.

The MPCC continued to use a manual Tickler system (time limit reminder) to more efficiently respond to files within legislative deadlines and a weekly review of current files. Procedures for processing Access to Information were updated and provided to staff during ATIP training sessions.

Handling of Formal Requests

The MPCC has adopted the following process to handle formal requests:

  1. Receive and acknowledge receipt of the privacy request;
  2. Create a file and register the request including capturing and updating the information in the Report on the PA;
  3. Review the request and determine next steps;
  4. Gather and review all documents including redacting the information if required;
  5. Validate and approve the release of the information; and
  6. Audits.

Furthermore, several of the PA requests received are intended for the Department of National Defence (DND) and are received by the MPCC in error. As a result, in consultation with DND, the MPCC has developed a process to transfer the requests directly to DND without requiring the requestor to resubmit the request.

7. Complaints, Audits and Investigations

Fourteen (14) complaints, which were outstanding from 2016‑17, were abandoned by the Office of the Privacy Commissioner of Canada. No audits were conducted and no appeals concerning ATIA requests with the MPCC were filed in Federal Court during the reporting period. No Privacy Complaints were received by MPCC during the reporting period.

8. Monitoring

All ATIP requests are monitored by the SDCS/ATIP Coordinator throughout the year and information such as the statistics and time to process PA requests are captured in an ATIP report. This monitoring occurs from the receipt to the closure of all PA requests.

On a quarterly basis, the SDCS/ATIP Coordinator submits ATIP reports (i.e. ATIA and PA Annual Reports and Statistical Reports, Info Source, Personal Information Bank, etc.) to the Executive Committee as a standing agenda item. The Executive Committee consists of the Chairperson (Deputy Head), the Senior General Counsel and Director General, the SDCS/ATIP Coordinator and the General Counsel and Senior Director of Operations. The report is tabled, discussed and approved at these quarterly meetings.

9. Privacy Breaches

No material privacy breach occurred at the MPCC during the reporting period.

10. Privacy Impact Assessments (PIAs)

No PIA were conducted during the reporting period.

11. Disclosure

The MPCC has not disclosed any personal information pursuant to subsection 8(2)(m) of the PA.

Appendix A – Privacy Act Delegation Order

Access to Information Act and Privacy Act Delegation Order

The Chairperson of the Military Police Complaints Commission of Canada, 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 Military Police Complaints Commission of Canada, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders.

Hilary McCormack
Chairperson
Military Police Complaints Commission of Canada

Signed in Ottawa, Ontario, Canada this 15th day of May, 2019

Privacy Act
Provision Description Chairperson Senior Director of Corporate Services Senior Planning and Administration Coordinator Administrative Services Officer
8(2)(e) Disclose to investigative body no no
8(2)(j) Disclosure for research or statistical purposes no no
8(2)(m) Disclosure in the public interest or in the interest of the individual no no
8(4) Copies of requests under paragraph 8(2)(e)
8(5) Notice of disclosure under paragraph 8(2)(m) no no
9(1) Record of disclosures no no
9(4) Consistent uses no no
10 Personal information banks no no
14 Notice where access requested
15 Extension of time limits no no
16(1)(a)(b) Where access refused no no
17(2)(b) Language of access
17(3)(b) Access in an alternative format
Exemption Provisions of the Privacy Act
Provision Description Chairperson Senior Director of Corporate Services Senior Planning and Administration Coordinator Administrative Services Officer
18(2) Exemption – Exempt banks no no
19(1) Exemption – Personal information obtained in confidence no no
19(2) Exemption – Where disclosure authorized no no
20 Exemption  - Federal-provincial affairs no no
21 Exemption  - International affairs and defence no no
22 Exemption - Law enforcement and investigations no no
22.3 Exemption - Public Servants Disclosure Protection Act no no
23 Exemption - Security clearances no no
24 Exemption - Individuals sentenced for an offence no no
25 Exemption - Safety of individuals no no
26 Exemption - Information about another individual no no
27 Exemption - Solicitor-client privilege no no
28 Exemption - Medical record no no
Other Provisions of the Privacy Act
Provision Description Chairperson Senior Director of Corporate Services Senior Planning and Administration Coordinator Administrative Services Officer
33(2) Right to make representations no no
35(1)(b) Notice of actions to implement recommendations of Commissioner
35(4) Access to be given to complainant
36(3)(b) Notice of actions to implement recommendations of Commissioner concerning exempt banks
51(2)(b) Special rules for hearings no no
51(3) Ex parte representations no no
72 Annual report to Parliament no no
Privacy Regulations
Provision Description Chairperson Senior Director of Corporate Services Senior Planning and Administration Coordinator Administrative Services Officer
9 Examination of information
11(2) Notification that correction to personal information has been made
11(4) Notification that correction to personal information has been refused
14 Examination in presence of medical practitioner or psychologist no no

Dated at the City of Ottawa this 15th day of May, 2019

Hilary McCormack
Chairperson
Military Police Complaints Commission of Canada

Appendix B – 2020‑21 Privacy Act Statistical Report

Name of institution: Military Police Complaints Commission of Canada

Reporting Period: 2020‑04‑01 to 2021‑03‑31

Section 1: Requests Under the Privacy Act

1.1 Number of requests

Number of Requests Under the Privacy Act
Type of Requests Number of Requests
Received during reporting period 10
Outstanding from previous reporting period 0
Total 10
Closed during reporting period 8
Carried over to next reporting period 2

Section 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time

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 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 7 1 0 0 0 0 0 8
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 7 1 0 0 0 0 0 8

2.2 Exemptions

Exemptions
Section Number of Requests Section Number of Requests Section Number of Requests
18(2) 0 22(1)(a)(i) 0 22.4 0
19(1)(a) 0 22(1)(a)(ii) 0 23(a) 0
19(1)(b) 0 22(1)(a)(iii) 0 23(b) 0
19(1)(c) 0 22(1)(b) 0 24(a) 0
19(1)(d) 0 22(1)(c) 0 24(b) 0
19(1)(e) 0 22(2) 0 25 0
19(1)(f) 0 22.1 0 26 0
20 0 22.2 0 27 0
21 0 22.3 0 27.1 0
28 0

2.3 Exclusions

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

Format of information released
Paper Electronic Other
0 0 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Relevant pages processed and disclosed
Number of Pages Processed Number of Pages Disclosed Number of Requests
0 0 0
2.5.2 Relevant pages processed and disclosed by size of requests
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
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 Closed requests

2.6.1 Number of requests closed within legislated timelines
Number of requests closed within legislated timelines
Requests Requests closed within legislated timelines
Number of requests closed within legislated timelines 8
Percentage of requests closed within legislated timelines (%) 100

2.7 Deemed refusals

2.7.1 Reasons for not meeting legislated timelines
Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines Principal Reason
Interference with Operations / Workload External Consultation Internal Consultation Other
0 0 0 0 0
2.7.2 Requests closed beyond legislated timelines (including any extension taken)
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 Timelines 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

2.8 Requests for translation

Requests for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Section 3: Diclosures Under Subsections 8(2) and 8(5)

Diclosures Under Subsections 8(2) and 8(5)
Paragraph 8(2)(e) Paragraph 8(2)(m) Subsection 8(5) Total
0 0 0 0

Section 4: Requests for Correction of Personal Information and Notations

Requests for Correction of Personal Information and Notations
Disposition for Correction Requests Received Number
Notations attached 0
Requests for correction accepted 0
Total 0

Section 5: Extensions

5.1 Reasons for extensions and disposition of requests

Reasons for extensions and disposition of request
Number of Requests Where an Extension Was Taken 15(a)(i) Interference With Operations 15(a)(ii) Consultation 15(b)
Translation 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

5.2 Length of extensions

Length of extensions
Number of Requests Where an Extension Was Taken 15(a)(i) Interference With Operations 15(a)(ii) Consultation 15(b)
Translation 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) Interenal External
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 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Section 6: Consultations Received From Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and other organizations

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
Carried over to the next reporting period 0 0 0 0

6.2 Recommendations and completion time for consultations received from other Government of Canada institutions

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 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

6.3 Recommendations and completion time for consultations received from other organizations

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 Ddays 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

Section 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

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

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 8: Complaints and Investigations Notices Received

Complaints and Investigations Notices Received
Section 31 Section 33 Section 35 Court action Total
0 0 0 0 0

Section 9: Privacy Impact Assessments (PIAs) and Personal Information Banks (PIBs)

9.1 Privacy Impact Assessements

Privacy Impact Assessments
Number of PIAs 0

9.2 Personal Information Banks

Personal Information Banks
Personal Information Banks Active Created Terminated Modified
0 0 0 0

Section 10: Material Privacy Breaches

Material Privacy Breaches
Number of material privacy breaches reported to TBS 0
Number of material privacy breaches reported to OPC 0

Section 11: Resources Related to the Privacy Act

11.1 Costs

Costs
Expenditures Amount
Salaries $4,456
Overtime $0
Goods and Services
  • Professional services contracts - $1,762
  • Other - $0
$1,762
Total $6,218

11.2 Human Resources

Human Resources
Resources Person Years Dedicated to Privacy Activities
Full-time employees 0.040
Part-time and casual employees 0.000
Regional staff 0.000
Consultants and agency personnel 0.004
Students 0.000
Total 0.044

Appendix C – 2020‑21 Privacy Act Supplemental Report

Name of institution: Military Police Complaints Commission of Canada

Reporting period: 2020‑04‑01 to 2021‑03‑31

Section 1: Capacity to Receive Requests

1.1 Number of weeks the MPCC was able to receive ATIP requests through the different channels.

Receipt of requests by channel
Method of receipt Number of Weeks
Able to receive requests by mail 52
Able to receive requests by email 52
Able to receive requests through the digital request service 52

Section 2: Capacity to Process Records

2.1 Number of weeks the MPCC was able to process paper records in different classification levels.

Paper records processing
Classification No Capacity Partial Capacity Full Capacity Total
Unclassified Paper Records 0 0 52 52
Protected B Paper Records 0 0 52 52
Secret and Top Secret Paper Records 0 0 52 52

2.2 Number of weeks the MPCC was able to process electronic records in different classification levels.

Electronic records processing
Classification No Capacity Partial Capacity Full Capacity Total
Unclassified Electronic Records 0 0 52 52
Protected B Electronic Records 0 0 52 52
Secret and Top Secret Electronic Records 0 0 52 52
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