© Minister of Public Works and Government Services Canada 2011
Published by the Public Service Labour Relations Board
Cat. No. SR2-3/2011
This publication is also available on the PSLRB website at:
June 2, 2011
The Honourable James Moore, P.C., M.P.
Minister of Canadian Heritage and Official Languages
House of Commons
Ottawa, K1A 0A6
I am pleased to submit to you, pursuant to section 72 of the Privacy Act, the Privacy Annual Report of the Public Service Labour Relations Board, covering the period from April 1, 2010 to March 31, 2011, for submission to Parliament.
Casper M. Bloom, Q.C., Ad. E.
The purpose of the Privacy Act (“the Act”) is to extend the 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.
This report was prepared in accordance with subsection 72(1) of the Act, which states the following: “ The head of every government institution shall prepare for submission to Parliament an annual report on the administration of this Act within the institution during each financial year.”
This annual report will be tabled in Parliament in accordance with subsection 72(2) of the Act, which states the following: “Every report prepared under subsection (1) shall be laid before each House of Parliament within three months after the financial year in respect of which it is made or, if that House is not then sitting, on any of the first fifteen days next thereafter that it is sitting.”
The Public Service Labour Relations Board (PSLRB) is an independent quasi-judicial tribunal responsible for administering the collective bargaining and grievance adjudication systems in the federal public service.
In accordance with its mandate under the Public Service Labour Relations Act (PSLRA), which was enacted on April 1, 2005, the PSLRB provides the following three main services: adjudication, mediation, and compensation analysis and research.
By resolving labour relations issues in an impartial manner, the PSLRB contributes to a productive and efficient workplace that ultimately benefits Canadians through the smooth delivery of government programs and services.
A proceeding before the PSLRB may involve a grievance adjudication, an arbitration, a conciliation through a Public Interest Commission, a mediation, an application for certification, a revocation of certification, a displacement, an unfair labour practice complaint, an identification of a position or positions as having duties of a managerial or confidential nature, an essential services agreement, a determination of successor rights, an enforcement of obligations of the employer or of an employee organization, or a complaint of disciplinary action or discrimination that resulted from one or more federal employees exercising workplace health and safety rights under Part II of the Canada Labour Code.
The PSLRB received five requests from individuals during the period under review. Three were fully disclosed. The PSLRB was unable to process the remaining two requests, as the information requested did not exist. All requests were completed within 30 days. The PSLRB also processed six consultation requests that originated from other federal institutions. The documents that were part of the consultation requests were fully disclosed.
No requests for translation, corrections or notations were received during the review period.
The Chairperson has appointed the head of records and mail as the coordinator under the Act. The coordinator refers all requests received by the PSLRB to the appropriate branch for review and reporting before rendering a decision. The Chairperson is consulted if necessary. The coordinator dedicated approximately 2% of a person-year to administering the Act, updating the Government of Canada publication, Info Source, and preparing reports.
A reading area is located in the PSLRB’s Records Office. A copy of Info Source is available for reference, as are privacy request forms, a copy of the PSLRB’s Subject Classification Manual and other relevant publications.
All Personal Information Banks of the former Public Service Staff Relations Board and the PSLRB are registered with the Treasury Board. Records contained in Personal Information Banks are disposed of in accordance with schedules approved by Library and Archives Canada.
All requests for personal information were processed free of charge.
PSLRB case files containing correspondence exchanged between the parties are available to the public for consultation at the PLSRB’s premises with appropriate notice. Exhibits filed at a hearing are also available to the public for consultation at the PSLRB’s premises with appropriate notice, once the decision on the merits of the case has been rendered or the PSLRB has otherwise closed its case file. PSLRB decisions are available electronically on its website.
Information about the Act is incorporated into the PSLRB’s orientation program for new employees and covers topics such as the following:
Thirteen employees attended an orientation session for new employees held on January 25, 2011.
As of March 31, 2011, there were no complaints against the PSLRB under the Act.
While the full text of the PSLRB’s decisions are posted on its website as a means to balance the open court principle and the privacy concerns of individuals availing themselves of their rights under the PSLRA, the PSLRB has voluntarily introduced measures that restrict global search engines from accessing full-text decisions posted on its website. It has also modified its website and administrative letters opening case files to notify individuals who initiate proceedings that its decisions are posted in full on its website.
There were no appeals to the Federal Court during the period under review with respect to privacy requests.
The coordinator for the Act, after consulting with the Chairperson, is authorized to approve disclosures under those paragraphs. No such requests were received in 2010-2011.
There were no denials of access under subsection 18(2) of the Act.
As part of the formal review and registration process of Personal Information Banks for the PSLRB, information bank managers are informed of the requirement to ensure that information contained in banks is directly related to an existing government program or activity and that the use of personal information is consistent with the purpose for which it is compiled/obtained.
No Privacy Impact Assessments or Preliminary Privacy Impact Assessments were completed during the period under review.
BY THIS ORDER made pursuant to section 73* of the Privacy Act, I hereby designate the persons holding the positions of Executive Director of the Board, Director, Corporate Services and Access to Information and Privacy Coordinator to exercise or perform the powers, duties and functions of the head of a government institution under the Act, as specified in the attachment, insofar as they may be exercised or performed in relation to the Public Service Labour Relations Board, effective from April 1, 2007.
*73. The head of a government institution may, by order, designate one or more officers or employees of that institution to exercise or perform any of the powers, duties or functions of the head of the institution under this Act that are specified in the order.
1980-81-82-83, c. III, Sch. II "73".
|DESCRIPTION OF AUTHORITY||PA
|CHAIRPERSON*||EXECUTIVE DIRECTOR OF
|DIRECTOR CORPORATE SERVICES*||ATIP COORDINATOR*|
|1.||Disclose to investigative body||8(2)(e)||F||F||N||N|
|2.||Disclose for research and statistics||8(2)(j)(i) & (ii)||F||F||F||F|
|3.||Disclose in public interest or benefit to individual||8(2)(m)(i) & (ii)||F||F||N||N|
|4.||Retain record of requests and of disclosures for investigations||8(4)||F||F||F||F|
|5.||Notify Privacy Commissioner of 8(2)(m) disclosures||8(5)||F||F||F||F|
|6.||Retain record of disclosures not yet published||9(1)||F||F||F||F|
|7.||Notify Privacy Commissioner of consistent use and include statement on use in next Index (Info Source)||9(4)||F||F||F||F|
|PERSONAL INFORMATION BANKS|
|8.||Include personal information in Personal Information Banks
|10(1)(a) & (b)||F||F||F||F|
|9.||Produce Index of Personal Information (Info Source) entries||11||F||F||F||F|
|10.||Notify where access
|11.||Extend time limits||15||F||F||F||F|
|12.||Notify where access refused||16(1)(a) & (b)||F||F||F||F|
|13.||Obtain/provide translation or not||17(2)(b)||F||F||F||F|
|14.||Obtain/provide alternative format or not||17(3)(b)||F||F||F||F|
|15.||Refuse access - exempt bank||18(2)||F||F||F||F|
|16.||Refuse access - confidential information||19(1)(a) to (d)||F||F||N||N|
|17.||Disclose confidential information||19(2)(a) & (b)||F||F||N||N|
|18.||Refuse access - federal-provincial affairs||20||F||F||N||N|
|19.||Refuse access - international affairs and defence||21||F||F||N||N|
|20.||Refuse access - law
enforcement and investigations
|22(1)(a) to (c)||F||F||N||N|
|21.||Refuse access - information received from RCMP acting as a provincial or municipal entity||22(2)||F||F||N||N|
|22.||Refuse access - security clearances||23(a) & (b)||F||F||N||N|
|23.||Refuse access - individual
|24(a) & (b)||F||F||N||N|
|24.||Refuse access - safety of individuals||25||F||F||N||N|
|25.||Refuse access - another individual’s personal information||26||F||F||F||F|
|26.||Refuse access - solicitor-client privilege||27||F||F||F||F|
|27.||Refuse access - medical
|28.||Make representations to Privacy Commissioner||33(2)||F||F||F||F|
|29.||Respond to Privacy Commissioner's request to disclose information previously exempted||35(1)(b)||F||F||F||F|
|30.||Give access to complainant||35(4)||F||F||F||F|
|31.||Respond to Privacy
Commissioner on the review of exempt banks
|32.||Request for court hearing in National Capital Region||51(2)(a)||F||F||F||F|
|33.||Make Ex Parte representations
|34.||Refuse access - excluded
|69 & 70||F||F||F||F|
|35.||Prepare annual report to Parliament||72(1), (2) &
|36.||Delegate authority by head of institution||73||F||n/a||n/a||n/a|
|37.||Provide facilities for examination||9(a)||F||F||F||F|
|38.||Set time for examination||9(b)||F||F||F||F|
|39.||Correct personal information||11(2)||F||F||F||F|
|40.||Refuse to correct personal information||11(4)||F||F||F||F|
|41.||Disclose information relating to physical or mental health (advice of medical practitioner or by psychologist)||13(1)||F||F||F||F|
|42.||Require examination in person
of information relating to
physical or mental health (advice of medical practitioner or by psychologist)
* "F" = Full Authority
* "N" = No Authority. To be obtained from the next level up.