Access to Information Act and Privacy Act
Annual Report 2005-2006

Annual Report, PDF Format 356 KB

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Table of Contents

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Preface

The Access to Information Act and the Privacy Act (Revised Statutes of Canada, Chapter A-1, 1985) were proclaimed on July 1, 1983. This is the twenty-third year of operation of the Access to Information Act and the Privacy Act.

The Access to Information Act gives Canadian citizens and permanent residents a broad right of access to information contained in government records, subject to certain specific and limited exceptions. The Privacy Act extends to individuals, the right of access to information about themselves held by the government, again subject to specific and limited exceptions. The law also protects the individual's right to privacy by preventing others from having access to personal information and gives individuals substantial control over its collection and use.

Section 72 of both the Access to Information Act and 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 intended to describe how the Office of the Registrar of Lobbyists administered its responsibilities, from February 6, 2006, when it first became a stand-alone organization, to March 31, 2006.

About the Organization

Recent History of the Office of the Registrar of Lobbyists

In May of 2004, the Lobbyists Registration Act was amended by Bill C-4, An Act to Amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and Other Acts in Consequence, Statutes of Canada (S.C.) 2004, c. 7, which created the new positions of Ethics Commissioner and Senate Ethics Officer. The function of Registrar of Lobbyists subsequently became separate from that of the Ethics Commissioner, who would now report directly to Parliament. Until February of 2006, the Registrar of Lobbyists reported to Parliament through the Registrar General of Canada, who is the Minister of Industry.

On February 6, 2006, the Office of the Registrar of Lobbyists (ORL) was transferred from Industry Canada to the Treasury Board portfolio as a stand-alone organization.

Responsibility for Information and Privacy Rights

The President of the Treasury Board has delegated authority to exercise full powers under the Access to Information Act and the Privacy Act to the Registrar of Lobbyists and to the Access to Information and Protection of Personal Information (ATIP) Coordinator.

The ATIP Coordinator is responsible for the development, coordination and implementation of effective policies, guidelines and procedures to manage the organization's compliance with the above Acts. The Coordinator makes decisions on the disposition of access requests; promotes awareness of the legislation to ensure organizational responsiveness to the obligations imposed on the government; monitors and advises on compliance with the Acts, regulations, procedures and policies; and acts as spokesperson for the organization in dealings with the Treasury Board Secretariat, the Information and Privacy Commissioners, and other government departments and agencies.

The ATIP Coordinator is responsible for conducting consultations with other governments and other federal departments. The ORL collects, under the Lobbyists Registration Act, an appreciable amount of information from registrants and lobbyists. This information is largely available on its Web site at www.orl-bdl.gc.ca. In the event of requests for information related to possible administrative reviews and investigations conducted under the LRA, the Office will undertake appropriate notification and consultation procedures with interested parties before disclosing any records. The ORL will, on occasion, convey personal information to federal investigative agencies in keeping with the provisions of the Privacy Act.

The Coordinator is the point of contact on issues involving the collection of personal information and privacy.

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Annual Report 2005-06

Introduction / Highlights

On February 6, 2006, the Office of the Registrar of Lobbyists (ORL) was transferred from Industry Canada to the portfolio of the President of the Treasury Board, as a stand-alone organization. Therefore, this annual report for the ORL, as a separate organization, covers only the period between February 6, 2006, and March 31, 2006. During this period, the ORL did not receive any requests under the Access to Information Act or the Privacy Act. The data relating to the period between April 1, 2005, and February 5, 2006, can be found in the Industry Canada Annual Report for 2005-2006.

Fees

The Access to Information Act (ATIA) authorizes fees for certain activities related to the processing of formal requests under the Act. In addition to a $5 application fee, search, preparation and reproduction charges may also apply. The current fee structure is specified in the Access to Information Regulations. No fees are imposed for reviewing records, overhead or shipping costs. Moreover, in accordance with section 11 of the ATIA, no fees are charged for the first five hours required to search for a record or prepare any part of it for disclosure. No fees are applicable under the Privacy Act.

The Access to Information Act permits the waiving of fees when deemed to be in the public interest. In accordance with Treasury Board guidelines, the ORL will consider waiving fees under $25.

For fees over $25, the organization will examine fee waiver requests on a case-by-case basis. In considering such requests, the organization will take into account costs in processing each access application and the degree of public benefit to be derived from the release of the accessible information.

Information Holdings

The ORL is now responsible for providing a full accounting of information holdings to the Treasury Board Secretariat and ensure that updates are provided on a timely basis for inclusion in the Info Source publications.

The Info Source publications contain a description of the classes of institutional records held by the ORL. The ORL does not have any exempt banks. For 2005-2006, information may be found in the following publications, under Industry Canada - Controllership and Administration Sector (CAS):

• 2005–2006 Info Source — Sources of Federal Government Information
• 2005–2006 Info Source — Sources of Federal Employee Information

Info Source can be obtained through public and academic libraries or it may be viewed online on the Treasury Board Secretariat website.

Website

Address: www.orl-bdl.gc.ca. This site allows the user to access and search the Registry of Lobbyists, as well as to obtain reports and other information on lobbying. It also contains links to various organizations of interest.

Reading Room

A reading room is available at our office situated on the 10^th Floor at 255 Albert Street, Ottawa, Ontario.

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Part I - Access to information

Statistical Report

On February 6, 2006, the Office of the Registrar of Lobbyists (ORL) was transferred from Industry Canada to the portfolio of the President of the Treasury Board, as a stand-alone organization. Thus, as of that date, the ORL is subject to the same reporting requirements as any other government organization, with respect to the above-noted annual statistical report.

The ORL did not receive any Access to Information requests during the brief period from February 6, 2006, to March 31, 2006.

Education and Training Activities

There were two training sessions offered to ORL staff in April of 2006, one in English and one in French, with six staff members attending each session. In the new fiscal year, the ORL is planning to adopt a new software system to track requests and process documents efficiently and train at least two individuals in its use.

Complaints and Appeals

There were no complaints or appeals during the above period.

Appeals to the Federal Court

There were no appeals filed during the above period.

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Part II - Privacy

Statistical Report

On February 6, 2006, the Office of the Registrar of Lobbyists (ORL) was transferred from Industry Canada to the portfolio of the President of the Treasury Board, as a stand-alone organization. Thus, as of that date, the ORL is subject to the same reporting requirements as any other government organization, with respect to the above-noted annual statistical report.

The ORL did not receive any Privacy requests from February 6, 2006, to March 31, 2006.

There were no Preliminary Privacy Impact Assessments (PPIAs) or Privacy Impact Assessments (PIAs) initiated, specifically:

Complaints and Appeals

There were no complaints or appeals during the above period.

Appeals to the Federal Court

There were no appeals filed during the above period.

Data Matching and Sharing Activities

There were no data matching and sharing activities during the above period.

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Appendix I - 2005-2006 Report on the Access to information act

• PDF Format - 22 KB

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Appendix II - 2005-2006 Report on the Privacy act

• PDF Format - 20 KB