Exam questions

Question 1

What is the definition of third party

Answer 1

Any person, group of persons or organization other than the person who made the request or a government institution

Question 2

List 5 “Central agencies” and actors/agencies who are involved with the ATIP act

Answer 2

1. Justice Canada
2. President and Treasury Board of Canada Secretariat
3. Information Commissioner
4. Privacy Commissioner
5. Federal Supreme Courts of Canada
6. Parliament

Question 3

Describe the roles and responsibilities of Justice Canada in regard to the administration of the ATIP Act.

Answer 3

Drafts legislation and provides legal advice to designated Minister (President of Treasury Board) and heads of institutions

Question 4

Describe the roles and responsibilities of TBS in regard to the administration of the ATIP Act.

Answer 4

Provides administrative and policy advice to the designated Minister and the heads of institutions on the Act

Question 5

Describe the roles and responsibilities of the OIC/OPC in regard to the administration of the ATIP Act.

Answer 5

Investigate complaints made pursuant to the Acts and represents the applicants in court challenges

Question 6

Describe the roles and responsibilities of the Federal/Supreme court in regard to the administration of the ATIP Act.

Answer 6

Final authority on the interpretation of the Acts with respect to cases brought before the courts

Question 7

Describe the roles and responsibilities of parliament in regard to the administration of the ATIP Act.

Answer 7

Develops, amends and proclaims legislation; reviews annual reports submitted by the information/Privacy Commissioners and institutions

Question 8

When is a notice made pursuant to S.27 of the ATIA required ?

Answer 8

Section 27 : When the institution has received a formal ATI request for records under its control and documents or portion of documents concerns or originates from a third party and the institution does not have sufficient information to support the exemption of that information under S.20(1) Third party information and the 3rd party can be located.

Question 9

When is a notice made pursuant to S.28 of the ATIA required ?

Answer 9

When, after receiving representations from the third party pursuant to S.27 of the Act the institution does not have sufficient ground to justify exempting the information under S.20(1)

Question 10

What information do S.27(3 of the ATI Act require federal institutions to state in their notices made to third parties

Answer 10

Contents of notice - Consultation letter

27(3) A notice given under subsection (1) shall include

(a) a statement that the head intends to release information described in subsection (1);
(b) a description of the contents of the record
(c) a statement that the third party may, within twenty days after the notice is given, make representations as to why the record or part thereof should not be disclosed.

Question 11

What information do 28(3) of the ATI Act require federal institutions to state in their notices made to third parties

Answer 11

Contents of notice of decision to disclose

(3) A notice given under S.28(1)(b) of a decision to disclose a record shall include
(a) a statement that the third party is entitled to request a review of the decision under section 44 within twenty days after the notice is given
(b) a statement that the person who requested access to the record will be given access unless, within twenty days after the notice is given, a review of the decision is requested under section 44.

Question 12

Who has the right to file a formal request under the ATIA act ?

Answer 12

1. Canadian Citizen
2. Permanent resident within the meaning of the immigration Act
3. All individual who are present in Canada and all corporation that are present in Canada

Question 13

Who has the right to file a formal request under the Privacy act ?

Answer 13

1. Canadian Citizen
2. Permanent resident within the meaning of the immigration Act
3. All individual who are present in Canada

Question 14

The ATI Act provides redress mechanism to applicant and their representatives. What are they ?

Answer 14

Redress mechanism : Section 30 of the ATI act

1. The right to file a complaint with the Information Commissioner of Canada
2. The right to seek a court Review (Federal court/ Supreme court of Canada)

Question 15

When is it permissible for applicants or their representatives to use the ATI Act redress mechanism ?

Answer 15

When :

1. Information Commissioner : an applicant can file a complaint under S.30 (1) for (a to F)
   (a) refused access to a record requested
   (b) required to pay an amount under section 11 that they consider unreasonable;
   (c) unreasonable time limits extension pursuant to S.9
   (d) not been given access to a record in the official language requested under S.12(2), or not been given access in that language within an appropriate period of time
   (d. 1) not been given access to a record in an alternative format under S.12(3), or not been given access within an appropriate period of time
   (e) any publication or bulletin referred to in S.5
   (f) any other matter relating to requesting or obtaining access to records
2. Federal/Supreme court : applicant can file a notice of motion to the federal Court/ appeal to the Supreme Court of Canada

Question 16

The Privacy Act authorizes the Privacy Commissioner to conduct a variety of investigations. What is he authorized to investigate ?

Answer 16

A) Complaints under S.29(1)(a to h) : the Privacy Commissioner shall investigate complaints from individuals who:

(a) allege that personal information about themselves has been used or disclosed otherwise than in accordance with section 7 or 8;
(b) have been refused access to personal information requested under subsection 12(1);
(c) allege that they are not being accorded the rights to which they are entitled under subsection 12(2) or that corrections of personal information requested under paragraph 12(2)(a) are being refused without justification;
(d) unreasonable time limit extension under S.15
(e) have not been given access to personal information in the official language requested by the individuals under subsection 17(2);
(e. 1) have not been given access to personal information in an alternative format pursuant to a request made under subsection 17(3);
(f) have been required to pay a fee that they consider inappropriate;
(g) in respect of the index referred to in subsection 11(1); or
(h) in respect of any other matter relating to
(i) the collection, retention or disposal of personal information by a government institution,
(ii) the use or disclosure of personal information under the control of a government institution, or
(iii) requesting or obtaining access under subsection 12(1) to personal information.

B) Exempt bank S.36(1) : The Privacy Commissioner may, from time to time at the discretion of the Commissioner, carry out investigations of the files contained in personal information banks designated as exempt banks under section 18.

C) Compliance of S.4 to S.8 of the Privacy Act.

S.4 :No personal information shall be collected by a government institution unless it relates directly to an operating program or activity of the institution.

S.8:Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be disclosed by the institution except in accordance with this section.

Question 17

Describe the power of the Information Commissioner to receive a complaint ?

Answer 17

Information commissioner S.36 :

a) 36.1 (1) Power to make binding order in respect of a record under complaints
b) 36 (1) Powers to carry out investigations
c) 36(2) Power to Access to records including Protected information — solicitors, advocates and notaries
d) Power to grant witness fees

Question 18

Describe the power of the Privacy Commissioner to receive a complaint ?

Answer 18

Privacy Commissioner S.34(1) (a to f) Privacy act:

34 (1) The Privacy Commissioner has under this Act the power to:

(a) to summon and enforce the appearance of persons and compel them to give oral or written evidence on oath
(b) to administer oaths;
(c) to receive and accept evidence and other information
(d) to enter any premises occupied by any government institution on satisfying any security requirements
(e) to converse in private with any person in any premises entered
(f) to examine or obtain copies of or extracts from books or other records containing any matter relevant to the investigation.

Question 19

What is the difference between mandatory and discretionary exemptions of the ATI act ?

Answer 19

Mandatory exemptions :

1. use the phrase “the head of the institution shall refuse to disclose”
2. all mandatory exemptions except 24 (statutory prohibitions) provide for circumstances which permits government institutions to release the information if conditions are met: 20(1) if 3rd party consent or if the information is available publicly

Discretionary exemptions :

1. Use the phrase “The head on the government institution may refuse to disclose”
2. Where such exemptions apply to the information requested, government institutions are legally entitled to refuse access to it
3. D-E provides government institutions with an option to disclose the information when they feel no injury will result from disclosure or when they are of the opinion that the interest in disclosing the information outweighs any injury which could result from disclosure.

Question 20

List ATI discretionary exemptions

Answer 20

14, 15(1), 16(1) &(2), 17, 18, 21(1), 22, 23 and 26

Question 21

Provide a brief description of a mandatory exemption under the ATI act ?

Answer 21

Mandatory exceptions (exemptions) are situations where the head is not allowed to exercise discretion
in denying access to information. The head hears evidence and makes findings of fact as to whether the
requested record falls within the class of exception (exemption). If the record falls within this description
the head must refuse access. Mandatory exception (exemptions) clauses contain phrases such as ‘the
head must…’ or ‘the head shall…’ deny access. two common mandatory exceptions
(exemptions) at use at shared services Canada are: 19(1) Personal information and 20(a.b or c) Third Party Information

Question 22

Provide a brief description of a discretionary exemption under the ATI act ?

Answer 22

The head of the government institution has discretion whether to apply the exemption.
The head has the final decision to allow access or not. Two steps are required when dealing with discretionary exceptions (exemptions).

First, the head must determine if the information requested falls into one of the categories of exceptions (exemptions). If it does not, then access is allowed and the process stops there. However, if the information falls into one of the categories of exceptions (exemptions) the head must then take a further step and decide if, given all the circumstances, access should be permitted. There are many situations where the head of a public body is allowed to exercise discretion in deciding whether an access request will be granted. The following list is not exhaustive, but provides examples of common types of information where granting access is at the discretion of the head of the public body: 16(2) Security, 21 (1) Operations of Government (Advice, etc), 22 Testing procedures, tests and audits, 23 Protected information — solicitors, advocates and notaries

Question 23

List ATI mandatory exemptions for i) ATI and ii) privacy act

Answer 23

I) ATI : S.13(1), S.16(3), S.19(1), S. 20(1) & S 24(1)

II) Privacy: S.19 and S.22

Question 24

Which Sections of the Privacy act constitute a “Code of Fair Information Management Practices”

Answer 24

S. 4, 5, 6, 7 and 8 of the Privacy Act

Question 25

A personal info index is publish under S.11 of the Privacy Act. describe the provisions of S.11

Answer 25

Personal Information Index

11 (1) The designated Minister shall cause to be published on a periodic basis not less frequently than once each year, an index of

(a) all personal information banks setting forth, in respect of each bank,
(i) the identification and a description of the bank, the registration number assigned to it by the designated Minister pursuant to paragraph 71(1)(b) and a description of the class of individuals to whom personal information contained in the bank relates,
(ii) the name of the government institution that has control of the bank,
(iii) the title and address of the appropriate officer to whom requests relating to personal information contained in the bank should be sent,
(iv) a statement of the purposes for which personal information in the bank was obtained or compiled and a statement of the uses consistent with those purposes for which the information is used or disclosed,
(v) a statement of the retention and disposal standards applied to personal information in the bank, and
(vi) an indication, where applicable, that the bank was designated as an exempt bank by an order under section 18 and the provision of section 21 or 22 on the basis of which the order was made; and
(b) all classes of personal information under the control of a government institution that are not contained in personal information banks, setting forth in respect of each class
(i) a description of the class in sufficient detail to facilitate the right of access under this Act, and
(ii) the title and address of the appropriate officer for each government institution to whom requests relating to personal information within the class should be sent.

Question 26

Identify the type of Personal info that the privacy act require to be in the personal information bank

Answer 26

Personal Information Banks

10 (1) The head of a government institution shall cause to be included in personal information banks all personal information under the control of the government institution that

(a) has been used, is being used or is available for use for an administrative purpose; or
(b) is organized or intended to be retrieved by the name of an individual or by an identifying number, symbol or other particular assigned to an individual.

Question 27

A publication and bulletin are published under S.5(1)&(2) of the ATIA. Describe those Sections

Answer 27

Publication on government institutions

5 (1) The designated Minister shall cause to be published, on a periodic basis not less frequently than once each year, a publication containing

(a) a description of the organization and responsibilities of each government institution,
(b) a description of all classes of records under the control of each government institution
(c) a description of all manuals used by employees of each government institution
(d) the title and address of the appropriate officer for each government institution to whom requests for access to records under this Part should be sent.

Marginal note:Bulletin

(2) The designated Minister shall cause to be published, at least twice each year, a bulletin to bring the material contained in the publication published under subsection (1) up to date and to provide to the public other useful information relating to the operation of this Act.

Question 28

What report must the OIC and the OPC submit to parliament

Answer 28

Special report to parliament referring to and commenting on any matter within the scope of the powers, duties and functions of the commissioner.

A) under the ATI S. 38 & 39 OIC has to submit an annual report no later than 15 days after the house is sitting on September 1s

B) under the Privacy act S. 38 & 39 OPC has to submit an annual report no later than 15 days after the house is sitting on September 1s

Question 29

The annual reports must be submitted to what frequency ?

Answer 29

1. Annual report must be submitted each year

2. Special report may be submitted before the next annual report and under certain conditions

Question 30

Describe a reading room under duty to assist

Answer 30

Provide appropriate location in the government institution where you can examine the requested information

Question 31

Mandate of SSC

Answer 31

Shared Services Canada (SSC) delivers digital services to Government of Canada organizations. We provide modern, secure and reliable IT services so federal organizations can deliver digital programs and services that meet Canadians needs.

Question 32

What are transitory records and how do the ATIP acts apply to these records ?

Answer 32

Transitory records are records that :

1. are not used to initiate or continue a departmental activity
2. Do not provide comments on an activity which requires actions
3. do not request an opinion on activity of interest to institutions

These record can be destroyed at anytime unless they are relevant to a current ATIP request. In latter case they must be kept and used to respond to request

Question 33

What information can be disclosed or protected when dealing with a request for all records pertaining to a very large contract ?

Answer 33

1. Contract :

disclosed :

a) standard contract clauses
b) total bid price

protected (20(1) ):

a) Unit prices and rates 20(1)(c)
b) clauses that would disclose information subject to protection in the bid documents

Tendering document (RFP) :

RFP are normally disclosed, there might be some cases where exemptions apply to elements of the RFP like 16(2)(c) - specific revealing software or 15 national defence

Bid document :
protected :
A) Likely to contain information subject to S.20
B) personal info such as attached resume

Disclosed;
A) information originating from the tendering document cannot be disclosed
B) information that his public (3rd party advertising or press release)

C) information about an individual performing service under contract for the GC that relate to service performed (contractor) including - term of contract - name of individual - opinions/vies given while performing services

Question 34

What information is excluded from the application of the ATI act ?

Answer 34

69 (1) This Part does not apply to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing,

(a) Memoranda
(b) Discussion papers
(c) Agenda and records of Cabinet deliberations
(d) Records of communications between ministers
(e) Records to brief ministers
(f) Draft legislation
(g) records that contain information referred to in paragraphs (a) to (f).

Question 35

What does the ATI act prescribe regarding time limits, including time extension ?

Answer 35

1. must respond within 30 days after the request is received.
2. transfer the request within 15 days after the request is received

extension under S.9(1)

3. 9(1)(a) - can extend if the request is for large number of records or necessitates a search through a large number of records and meeting the original time limit would interfere with operations
4. 9(1)(b) - consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit, or
5. 9(1)(c) - notice of the request is given pursuant to subsection 27(1) Notice to third parties regarding records that contains S.20 Third party information

Question 36

Define “non-personal information” as described in the privacy act

Answer 36

S. 3 (3(j) to 3(m)of the privacy act :

(j) information employee of a government institution that relates to the position or functions of the employee
(iv) the name of the individual on a document prepared by the individual in the course of employment, and
(v) the personal opinions or views of the individual given in the course of employment,
(j. 1) the fact that an individual is or was a ministerial adviser or a member of a ministerial staff, as those terms are defined in subsection 2(1) of the Conflict of Interest Act, as well as the individual’s name and title,
(k) information about an individual who is or was performing services under contract for a government institution that relates to the services performed, including the terms of the contract, the name of the individual and the opinions or views of the individual given in the course of the performance of those services,
(l) information relating to any discretionary benefit of a financial nature, including the granting of a licence or permit, conferred on an individual, including the name of the individual and the exact nature of the benefit, and
(m) information about an individual who has been dead for more than twenty years; 

Question 37

Describe the provision of section 8(2) of the Privacy act where personal information may be disclosed

Answer 37

(2) Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed
(a) for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose;
(b) for any purpose in accordance with any Act of Parliament or any regulation made thereunder that authorizes its disclosure;
(c) for the purpose of complying with a subpoena or warrant issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information;
(d) to the Attorney General of Canada for use in legal proceedings involving the Crown in right of Canada or the Government of Canada;
(e) to an investigative body specified in the regulations, on the written request of the body, for the purpose of enforcing any law of Canada or a province or carrying out a lawful investigation, if the request specifies the purpose and describes the information to be disclosed;
(f) under an agreement or arrangement between the Government of Canada or any of its institutions and the government of a province, the council of the Westbank First Nation, the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act, the council of a participating First Nation as defined in section 2 of the Anishinabek Nation Education Agreement Act, the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the purpose of administering or enforcing any law or carrying out a lawful investigation;
(g) to a member of Parliament for the purpose of assisting the individual to whom the information relates in resolving a problem;
(h) to officers or employees of the institution for internal audit purposes, or to the office of the Comptroller General or any other person or body specified in the regulations for audit purposes;
(i) to the Library and Archives of Canada for archival purposes;
(j) to any person or body for research or statistical purposes if the head of the government institution
(i) is satisfied that the purpose for which the information is disclosed cannot reasonably be accomplished unless the information is provided in a form that would identify the individual to whom it relates, and
(ii) obtains from the person or body a written undertaking that no subsequent disclosure of the information will be made in a form that could reasonably be expected to identify the individual to whom it relates;
(k) to any aboriginal government, association of aboriginal people, Indian band, government institution or part thereof, or to any person acting on behalf of such government, association, band, institution or part thereof, for the purpose of researching or validating the claims, disputes or grievances of the aboriginal peoples of Canada;
(l) to any government institution for the purpose of locating an individual in order to collect a debt owing to Her Majesty in right of Canada by that individual or make a payment owing to that individual by Her Majesty in right of Canada; and
(m) for any purpose where, in the opinion of the head of the institution,
(i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure, or
(ii) disclosure would clearly benefit the individual to whom the information relates.

Question 38

What does the privacy act and related policies states about the collection, retention, accuracy, disposal and use of personal information ?

Answer 38

Privacy act on the A-Collection, Retention Disposal and B- protection of Personal Information S.4 to S.8 :

A-Collection, Retention Disposal

4 Collection of personal information :

No personal information shall be collected by a government institution unless it relates directly to an operating program or activity of the institution.

Personal information to be collected directly :

5 (1) A government institution shall, wherever possible, collect personal information that is intended to be used for an administrative purpose directly from the individual to whom it relates except where the individual authorizes otherwise or where personal information may be disclosed to the institution under subsection 8(2).

Individual to be informed of purpose:

5 (2) A government institution shall inform any individual from whom the institution collects personal information about the individual of the purpose for which the information is being collected.

Exception

(3) Subsections (1) and (2) do not apply where compliance therewith might
(a) result in the collection of inaccurate information; or
(b) defeat the purpose or prejudice the use for which information is collected.

Retention of personal information used for an administrative purpose:

6 (1) Personal information that has been used by a government institution for an administrative purpose shall be retained by the institution for such period of time after it is so used as may be prescribed by regulation in order to ensure that the individual to whom it relates has a reasonable opportunity to obtain access to the information.

Accuracy of personal information:

(2) A government institution shall take all reasonable steps to ensure that personal information that is used for an administrative purpose by the institution is as accurate, up-to-date and complete as possible.

Disposal of personal information

(3) A government institution shall dispose of personal information under the control of the institution in accordance with the regulations and in accordance with any directives or guidelines issued by the designated minister in relation to the disposal of that information.

B-Protection of Personal Information

Use of personal information:

7 Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be used by the institution except

(a) for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose; or
(b) for a purpose for which the information may be disclosed to the institution under subsection 8(2).