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Legal Services Directorate

Legal Services Directorate Profile

Director: Julia Barss

  • Julia Barss has been General Counsel since 2018 and first joined the OPC in May 2015 as Senior Counsel and Director of Legal Services.

Executive Assistant: Jessica Gray

Personnel

  • Total FTEs: 17
    • 1 LC-02
    • 2 LP-03s
    • 4 LP-02s
    • 7 LP-01s
    • 1 AS-02
    • 1 AS-01
    • 1 EC-04
Note: These figures do not include the ATIP Program.
  • Vacant FTEs:
    • 2 indeterminate LP-03 and 1 LP-01 are on leave. Not all positions will be backfilled as the Directorate does not have the necessary funding.

Organizational Chart (2 levels)

Legal Services Directorate Organizational Chart

Head Legal Services and General Counsel [LC-02], Julia Barss

  • Team Leader, Senior Legal Counsel [LP-03], Regan Morris (note 1: on secondment) (note 2: replaced by Jennifer Poirier on secondment)
  • Team Leader, Senior Legal Counsel [LP-03], Sarah Speevak (note 1: on leave) (note 2: replaced by Louisa Garib acting)
  • Director, Access to Information and Privacy [PM-06], Denis Vaillancourt

Role

  • The Legal Services Directorate reports directly to the Privacy Commissioner.
  • The Directorate provides legal advice in relation to PIPEDA and Privacy Act investigations and audits, and in support of other operational activities across the OPC. It represents the OPC in litigation matters before the courts and in negotiations with other parties.
  • The Directorate also includes OPC’s Access to Information and Privacy (ATIP) Program.

Key Activities

  • Litigation and providing litigation support.
  • Providing legal advice:
    • To the Privacy Commissioner on legal matters;
    • To members of the Compliance Sector on investigations and audits;
    • To the Government Advisory and Business Advisory directorates on their advisory activities;
    • To the Policy, Research and Parliamentary Affairs Directorate regarding draft guidance, and bills before Parliament;
    • To the Communications Directorate, as well as legal support, on communications products, speaking engagements, information centre requests; and
    • Throughout the OPC on various corporate matters, including legal advice on responding to ATIP requests.
  • Providing weekly duty counsel services for ordinary matters, such as media releases.
  • Revising and publishing PIPEDA interpretation bulletins.
  • The Directorate recorded 327 requests for legal consultation in the 2021 calendar year on a wide range of matters.

Priorities

  • 2022-2023 Operational Plan
  • High priority litigation files
  • Law reform related matters, including work related to transitioning to an adjudicative structure
  • Supporting the Compliance Sector on key high-profile investigations


Access to Information and Privacy Program

Director: Denis Vaillancourt

  • Denis Vaillancourt has been with the OPC since August 2019 and as ATIP Director since May 2021.

Personnel

  • Total FTEs: 3
    • 1 PM-06
    • 1 PM-05
    • 1 PM-04
  • Vacant FTEs:
    • 0 vacancies

Role

  • While the Access to Information Act and the Privacy Act came into force on July 1, 1983, the OPC only became subject to these Acts on April 1, 2007. The OPC’s Access to Information and Privacy (ATIP) team processes information requests submitted under these Acts and offers guidance and training to OPC employees. See: Guidance on section 21 of the Access to Information Act on the OPC Intranet site.
  • In 2018, the ATIP Program joined the Legal Services Directorate as part of the reorganization. Previously, the Director of ATIP reported to the Commissioner.
  • In November 2021, Commissioner Therrien signed a revised delegation instrument under the Privacy Act to reflect the division of certain responsibilities as between the ATIP Director and the Chief Privacy Officer (CPO). All of the Commissioner’s access-related powers, duties and functions under the Privacy Act are delegated to the ATIP Director.
  • Commissioner Therrien most recently signed a delegation instrument under the Access to Information Act in October 2020 confirming that all of the Commissioner’s access-related powers, duties and functions under the Access to Information Act are also delegated to the ATIP Director.

Key Activities

  • Process requests submitted under both Acts,as well as consultation requests received from other government departments in relation to requests pursuant to the Acts.
  • Prepare and review monthly proactive disclosure of completed access to information requests and briefing note lists (Open Government Portal).

Priorities

  • Prepare Annual Reports on the Access to Information Act and the Privacy Act to Parliament, requiring the Commissioner’s approval in fall 2022.
  • Eventual purchase of new ATIP request processing software to replace outdated software that is currently being used for which maintenance will no longer be provided by current supplier. This new purchase is pending both the completion of the solicitation process being conducted by the Treasury Board of Canada Secretariat and Public Services and Procurement Canada, as well as necessary funding. It is expected to be completed during Fiscal Year 2022-2023.
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