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PLSRB Privacy Act Annual report - 2013-2014

PRIVACY ACT
ANNUAL REPORT

PUBLIC SERVICE LABOUR
RELATIONS BOARD
2013-2014


June 27, 2014

The Honourable Shelly Glover, P.C., M.P.
Minister of Canadian Heritage and Official Languages
House of Commons
Ottawa, K1A 0A6

Dear Minister,

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, 2013 to March 31, 2014, for submission to Parliament.

Yours sincerely,

David Paul Olsen
Acting Chairperson


TABLE OF CONTENTS


ANNUAL REPORT
PRIVACY ACT
APRIL 1, 2013 TO MARCH 31, 2014

INTRODUCTION

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.

The PSLRB came into being on April 1, 2005, with the enactment of the Public Service Labour Relations Act, replacing the Public Service Staff Relations Board, which had existed since 1967, when collective bargaining was first introduced in the federal public service.

The PSLRB's mandate was amended on December 12, 2013, when Bill C-4: Economic Action Plan 2013 Act No. 2 received royal assent. Specifically, the legislation eliminated the PSLRB's compensation analysis and research services.

The PSLRB's two main services are as follows: 

  • adjudication - hearing and deciding grievances, complaints and other labour relations matters; and
  • mediation - helping parties reach collective agreements, manage their relations under collective agreements and resolve disputes without resorting to a hearing.

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 the following:

  • 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.

STATISTICAL REPORTS / EXPLANATION

The PSLRB did not process any official Privacy Act requests during the review period.

The PSLRB processed two consultation requests that originated from other government institutions. The documents that were part of the consultation requests were fully disclosed.  

SUPPORTING DOCUMENTATION

Organization of Activities and Delegation Instrument

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.

Implementation

A reading area is located in the PSLRB 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 (PIBs) of the PSLRB and of the former Public Service Staff Relations Board are registered with the Treasury Board. Records contained in PIBs are disposed of in accordance with schedules approved by Library and Archives Canada.

Institutional Policies

PSLRB case files containing correspondence exchanged between the parties are available to the public for consultation at the PSLRB'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 on its website.

During the year, the PSLRB did not implement any new or revised privacy-related policies, guidelines or procedures.

Training

During the reporting period, the PSLRB did not provide any training activities related to privacy.

Complaints, Investigations and Audits

As of March 31, 2014, there were no complaints, audits or investigations concluded against the PSLRB under the Act.

Appeals to the Federal Court

There were no appeals to the Federal Court during the period under review for privacy requests.

Disclosures under Paragraphs 8(2)(f),(g) and (m) of the Privacy Act

The coordinator for the Act, after consulting with the Chairperson, is authorized to approve disclosures under those paragraphs. No such requests were received in 2013-2014.

Exempt Banks

There were no denials of access under subsection 18(2) of the Act.

Use and Disclosure

As part of the formal review and registration process of PIBs 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 or obtained.

Privacy Impact Assessments

No privacy impact assessments or preliminary privacy impact assessments were completed during the review period.


Statistical Report on the Privacy Act


Privacy Act
Designation Order

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 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 May 24, 2013.

Acting Chairperson

*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".


Privacy Act Designation Order

ATTACHMENT

Item
#
DESCRIPTION OF AUTHORITY PA
SECTION
CHAIRPERSON* EXECUTIVE DIRECTOR OF
THE BOARD*
ATIP COORDINATOR*
  PRIVACY ACT  
  DISCLOSURE  
1. Disclose to investigative body 8(2)(e) F F N
2. Disclose for research and statistics 8(2)(j)(i) & (ii) F F F
3. Disclose in public interest or benefit to individual 8(2)(m)(i) & (ii) F F N
4. Retain record of requests and of disclosures for investigations 8(4) F F F
5. Notify Privacy Commissioner of 8(2)(m) disclosures 8(5) F F F
6. Retain record of disclosures not yet published 9(1) 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
  PERSONAL INFORMATION BANKS  
8. Include personal information in Personal Information Banks
(PIBs) descriptions
10(1)(a) & (b) F F F
9. Produce Index of Personal Information (Info Source) entries 11 F F F
  ACCESS  
10. Notify where access
granted/refused
14 F F F
11. Extend time limits 15 F F F
12. Notify where access refused 16(1)(a) & (b) F F F
13. Obtain/provide translation or not 17(2)(b) F F F
14. Obtain/provide alternative format or not 17(3)(b) F F F
  EXEMPTIONS  
15. Refuse access – Exempt bank 18(2) F F F
16. Refuse access – Confidential information 19(1)(a) to (d) F F N
17. Disclose confidential information 19(2)(a) & (b) F F N
18. Refuse access – Federal-provincial affairs 20 F F N
19. Refuse access – International affairs and defence 21 F F N
20. Refuse access – Law
enforcement and investigations
22(1)(a) to (c) F F N
21. Refuse access – Information received from RCMP acting as a provincial or municipal entity 22(2) F F N
22. Refuse access – Security clearances 23(a) & (b) F F N
23. Refuse access – Individual
under sentence
24(a) & (b) F F N
24. Refuse access – Safety of individuals 25 F F N
25. Refuse access – Another individual's personal information 26 F F F
26. Refuse access – Solicitor-client privilege 27 F F F
27. Refuse access – Medical
records
28 F F F
  COMPLAINTS  
28. Make representations to Privacy Commissioner 33(2) F F F
29. Respond to Privacy Commissioner's request to disclose information previously exempted 35(1)(b) F F F
30. Give access to complainant 35(4) F F F
31. Respond to Privacy
Commissioner on the review of exempt banks
36(3)(b) F F F
32. Request for court hearing in National Capital Region 51(2)(a) F F F
33. Make Ex Parte representations
to court
51(3) F F F
  EXCLUSIONS  
34. Refuse access – Excluded
information
69 & 70 F F F
  OTHER  
35. Prepare annual report to Parliament 72(1), (2) &
(3)
F F F
36. Delegate authority by Head of institution 73 F n/a n/a
  PRIVACY REGULATIONS  
37. Provide facilities for examination 9(a) F F F
38. Set time for examination 9(b) F F F
39. Correct personal information 11(2) F F F
40. Refuse to correct personal information 11(4) F F F
41. Disclose information relating to physical or mental health (advice of medical practitioner or by psychologist) 13(1) F F F
42. Require examination in person
of information relating to
physical or mental health (advice of medical practitioner or by psychologist)
14 F F F

* "F" = Full Authority
* "N" = No Authority. To be obtained from the next level up.