Statutory Review 2020

ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT, 2015 Statutory Review 2020 The Honourable David B. Orsborn, Committee Chair June 2021 VOLUME 1: THE REPORT VOLUME 2: APPENDICES ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT, 2015 2020 STATUTORY REVIEW VOLUME 2: APPENDICES The Honourable David B. Orsborn, Committee Chair Submitted to: The Honourable John Hogan, Q.C. Minister of Justice and Public Safety and Attorney General for the Province of Newfoundland and Labrador June 2021 TABLE OF CONTENTS TABLE OF CONTENTS Appendix A: Terms of Reference ...................................................................................... 1 Appendix B: Amendment to Terms of Reference .............................................................. 3 Appendix C: Parties Who Provided Written Submissions ................................................. 5 Appendix D: Recommendations in Written Submissions .................................................. 9 Appendix E: ATIPPA Review Hearing Schedule ............................................................. 71 Appendix F: ATIPP Coordinator Anonymous Survey Responses ..................................... 77 Appendix G: Opening Comments – January 18, 2021 .................................................. 119 Appendix H: The Role and Responsibilities of the ATIPP Coordinator ......................... 123 Appendix I: Summary of Section 39(1) OIPC Reports .................................................. 127 Appendix J: Sample of ATIPP Requests, Jan 3 – April 3, 2019 ..................................... 133 Appendix K: Draft Recommended Amendments .......................................................... 147 Appendix L: Summary of Recommendations .............................................................. 173 Appendix M: Statutory Review Committee Staff and Support Services ........................ 201 VOLUME 2 PAGE i Intentionally Left Blank PAGE ii ACCESS TO INFOR MATION AND PROTECTIO N OF PRIVACY STATUTO RY REVIEW 2020 APPENDICES APPENDIX A: TERMS OF REFERENCE The Access to Information and Protection of Privacy Act, SNL2002, c. A-1.1 (“ATIPPA”) was proclaimed into force on January 17, 2005, with the exception of Part IV. Part IV was subsequently proclaimed on January 16, 2008. In 2010, the first legislative review of ATIPPA resulted in amendments that came into force on June 27, 2012. A second legislative review was initiated in 2014 and resulted in the adoption of the Access to Infor- mation and Protection of Privacy Act, 2015, SNL2015, c.A-1.2 (“ATIPPA, 2015”) in June 2015. Pursuant to section 117 of ATIPPA, 2015, the Minister of Justice and Public Safety, as Minister responsible for the Act, is required to refer the legislation to a committee for the purpose of: (1) undertaking a comprehensive review of the provisions and operation of the Act or part of it after the expiration of not more than 5 years after the coming into force of the Act or part of it and every 5 years thereafter; and (2) to review the list of provisions in Schedule A to determine the necessity for their continued inclusion in Sched- ule A. The Committee shall terminate its work and deliver its final report to the Minister of Jus- tice and Public Safety on or before March 31, 2021. Review Committee (“Committee”) The Committee reviewing the legislation shall consist of retired Supreme Court Justice David B. Orsborn who shall complete the review independent of the Government of New- foundland and Labrador. Mandate: The comprehensive review of the provisions and operation of the ATIPPA, 2015 will in- clude, but will not be limited to, an examination of the following issues: • Public and public body experience in using and administering the ATIPPA, 2015 to access information in the custody or control of public bodies in Newfoundland and Labrador and opportunities for improvement; • Whether there are any categories or types of information (personal information or otherwise) that require greater protection than the ATIPPA, 2015 currently provides; VOLUME 2 PAGE 1 APPENDICES • Public body response times for access requests and whether the current ATIPPA, 2015 requirements for response and administrative times are effective; • An examination of exceptions to access as set out in Part II, Division 2 of the Act; • Whether there are any additional uses or disclosures of personal information that should be permitted under the Act; • An examination of the complaints process to the Office of the Information and Privacy Commissioner; • An examination of the request for extensions/disregards process to the Office of the Information and Privacy Commissioner; • Whether the current Cost Schedule set in accordance with subsection 25(6) of ATIPPA, 2015 is effective; • Whether there are any entities which would not appear to meet the definition of “public body” but which should be subject to the ATIPPA, 2015; • Whether the provisions of the ATIPPA, 2015 are effective for local government bodies; and • Consideration of Recommendations 3, 4, and 16 arising from the Report issued by the Honourable Richard D. LeBlanc, Commissioner of the Commission of In- quiry Respecting the Muskrat Falls Project, dated March 5, 2020, and report on conclusions with respect to those recommendations. Stakeholders: The Committee may receive written submissions and/or conduct consultations with interested parties, including but not limited to the Office of the Information and Privacy Com- missioner,; the general public,; media,; public bodies,, including local government bodies; and, ATIPP Coordinators. Public consultation sessions may be scheduled, at the discretion of the Committee. In consultation with the Communications and Public Engagement Branch, consideration will be given to the use of alternate methods of consultation that promote the engagement of interested parties, regardless of regional location (e.g. online surveys, etc). PAGE 2 ACCESS TO INFORM ATION AND PROTECTION OF PRIVACY STATUTOR Y REVIEW 2020 APPENDICES APPENDIX B: AMENDMENT TO TERMS OF REFERENCE VOLUME 2 PAGE 3 APPENDICES INTENTIONALLY LEFT BLANK PAGE 4 ACCESS TO INFORM ATION AND PROTECTION OF PRIVACY STATUTOR Y REVIEW 2020 APPENDICES APPENDIX C: PARTIES WHO PROVIDED WRITTEN SUBMISSIONS ATIPP Office (Department of Justice and Public Safety) Canadian Bar Association, Newfoundland and Labrador Centre for Law and Democracy City of Corner Brook City of Mount Pearl City of St. John’s College of the North Atlantic Commissioner for Legislative Standards Department of Children, Seniors and Social Development Department of Education Department of Environment, Climate Change and Municipalities Department of Finance Department of Fisheries, Forestry and Agriculture Department of Health and Community Services Department of Immigration, Skills and Labour Department of Industry, Energy and Technology Department of Justice and Public Safety Department of Tourism, Culture, Arts and Recreation Department of Transportation and Infrastructure Digital Government and Service NL Executive Council Heavy Civil Association of Newfoundland and Labrador Hollett, Edward Innu Nation Kavanagh, Kenneth Lane, Paul Law Society of Newfoundland and Labrador Memorial University VOLUME 2 PAGE 5 APPENDICES Nalcor Energy Newfoundland and Labrador English School District Newfoundland and Labrador Employers’ Council Newfoundland and Labrador Veterinarian Medical Association Newfoundland Aquaculture Industry Association Office of the Chief Information Officer Office of the Chief Electoral Officer Office of the Child and Youth Advocate Office of the Citizen’s Representative Office of the Information and Privacy Commissioner Office of the Information Commissioner of Canada Office of the Speaker, House of Assembly Oil and Gas Co. Oleynik, Anton Progressive Conservative Party of Newfoundland and Labrador Royal Newfoundland Constabulary Stanley, G. Todd Town of St. George’s Supplemental Submissions and Responses Memorial University – Dec 18, 2020 Supplemental Submission Executive Council – Jan 5, 2021 Response to Letter Newfoundland and Labrador English School District – Jan 7, 2021 Response to OIPC Submission Department of Education – Jan 13, 2021 Response to OIPC Submission Memorial University – Feb 12, 2021 Response to Letters Newfoundland and Labrador Veterinarian Medical Association – Feb 15, 2021 Supplemental Submission Dr. Anton Oleynik – Feb 17, 2021 Supplemental Submission Heavy Civil Association of NL – Feb 19, 2021 Response to s. 39 Letter PAGE 6 ACCESS TO INFORM ATION AND PROTECTION OF PRIVACY STATUTOR Y REVIEW 2020 APPENDICES Office of the Information and Privacy Commissioner – Mar 4, 2021 Response to s. 39 Letter Office of the Chief Information Officer – Mar 8, 2021 Response to Format Letter College of the North Atlantic – Mar 9, 2021 Response to s. 39 Letter Centre for Law and Democracy – Mar 19 2021 Response to s. 39 Letter Department of Justice and Public Safety, ATIPP Office – May 3, 2021 Supplemental Submission Office of the Information and Privacy Commissioner – May 14, 2021 Supplemental Submission VOLUME 2 PAGE 7 APPENDICES INTENTIONALLY LEFT BLANK PAGE 8 ACCESS TO INFORM ATION AND PROTECTION OF PRIVACY STATUTOR Y REVIEW 2020 APPENDICES APPENDIX D: RECOMMENDATIONS IN WRITTEN SUBMISSIONS Definitions [s. 2] “Business day” and “Holiday”: o (See also Department of Tourism, Culture, Arts and Recreation Recommendation 4 in Time limit for final response recommendations below) o Executive Council Recommendation 1: Expand the definition

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