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Provincial and Territorial Partnerships

Table of Contents

Federal, Provincial and Territorial Partnerships

Cooperation with Alberta, British Columbia, and Quebec

Biographies of the Provincial and Territorial Commissioners

Federal, Provincial and Territorial Partnerships

Lead Directorate: Policy, Research and Parliamentary Affairs Directorate

Purpose

  • The Federal, Provincial and Territorial (FPT) Information and Privacy Commissioners collaborate on public-sector and private-sector compliance, public education and policy matters. Both the OPC and the federal Office of the Information Commissioner participate.

Background

  • FPT Annual Meeting: FPT Commissioners hold an annual meeting to identify and discuss issues of mutual interest and share updates from their respective jurisdictions. At the annual meeting, the Commissioners traditionally issue a joint statement or resolution on the state of privacy and access. At the 2021 meeting, held virtually, the Commissioners released a joint resolution on Reinforcing Privacy and Access to Information Rights During and After a Pandemic.
  • FPT Monthly Meetings: FPT Commissioners meet monthly to discuss issues of interest and outline shared concerns or support on certain issues. Recent meetings have covered open banking, health privacy, and access to information during the pandemic. The Chair rotates annually and is currently held by the Office of the Information and Privacy Commissioner of Newfoundland and Labrador.
  • FPT Commissioners will occasionally jointly issue guidance, allowing for a consistent approach across jurisdictions to address current privacy compliance challenges. Most recently, in May 2022, the FPT offices issued joint guidance on police use of facial recognition technology (FRT).
  • The OPC has also jointly issued guidance with one or more of its provincial/territorial colleagues; for example, the OPC and the Offices of the Information and Privacy Commissioners of Alberta and British Columbia published guidance for organizations on obtaining meaningful consent in 2018 (Guidelines for obtaining meaningful consent). These offices had previously published joint guidance on developing a privacy management program in 2012 (Getting Accountability Right with a Privacy Management Program).

Current OPC Participation

  • FPT Annual Meeting: The Commissioner traditionally attends the meeting, accompanied by their Chief of Staff and other senior officials. The OPC is represented in the planning of the Meeting by the Deputy Commissioner, Policy and Promotion.
  • FPT Monthly Meetings: The OPC is represented on these calls by the Commissioner and/or the Deputy Commissioner, Policy and Promotion. Other OPC staff may attend depending on subject matter.

Next steps

  • There are no monthly meetings scheduled for July or August 2022. The 2022 FPT Annual Meeting is being planned to take place from September 19 to 21, 2022 in St John’s, Newfoundland, hosted by the Office of the Information and Privacy Commissioner of Newfoundland and Labrador. The OPC expects to send five attendees to the conference.

Further reading

  • Annual Meetings of Federal, Provincial and Territorial Commissioner, Process for Joint Resolutions
  • Agenda for the 2021 FPT Virtual Meeting of the Information and Privacy Commissioners

Cooperation with Alberta, British Columbia, and Quebec

Lead Directorates:

  1. Compliance Sector
  2. Policy, Research and Parliamentary Affairs Directorate

Purpose

Current OPC Participation

  • Both the PSP Forum and the DECF meet on a quarterly basis.
  • The PSP Forum is chaired by a member appointed by agreement, rotating on a bi-annual basis, with the current chair position held by OIPC AB. A Senior Policy and Research Analyst from the Policy, Research and Parliamentary Affairs Directorate lead the OPC’s participation. A Senior Advisor from PIPEDA Compliance also participates regularly, while other OPC employees participate as necessary.
  • The DECF is currently chaired by the OPC. Meetings are typically attended by OPC directors, managers and/or investigators from the Compliance sector, depending on subject matter.

Next steps

  • The next meeting of the DECF is scheduled for June 2022.
  • The next meeting of the PSP Forum is scheduled for August 2022.

Biographies of the Provincial and Territorial Commissioners

Jill Clayton, Information and Privacy Commissioner (Alberta)

Biography

Jill Clayton

Commissioner Jill Clayton was appointed Alberta’s Information and Privacy Commissioner in 2012, and re-appointed to a second five-year term in 2017 and chose not to seek a third term. Her term expired on January 31, 2022 but she will stay in office until her successor, Diane McLeod-McKay (the current Information and Privacy Commissioner of Yukon) takes over on August 1, 2022.

As Commissioner, Ms. Clayton oversees and enforces the administration of the Freedom of Information and Protection of Privacy Act, the Health Information Act and the Personal Information Protection Act.

On the access to information side of her responsibilities, Commissioner Clayton has focused on reducing delays in access to information responses, advocating for a culture that supports transparency as a cornerstone to a strong democracy, and ensuring that effective records management programs are in place to support the proper functioning of Alberta's access to information laws.

On the privacy side, Commissioner Clayton has focused on prioritizing and promoting accountability in data governance, transparency through privacy breach notification, promoting knowledge about privacy rights in Alberta's education system, and, more recently, ethical assessments in tech innovations that involve the collection, use or disclosure of personal or health information.

She joined the Alberta office in 2004 as a Director and then Assistant Commissioner. She was primarily responsible for oversight of the Personal Information Protection Act, Alberta’s private sector privacy law. In particular, she developed the office’s procedures and decision making processes for mandatory breach reporting and notification in the private sector, which came into force in 2010. Prior to that she worked as a privacy consultant in the health care, oil and gas, telecommunications and non-profit sectors.

Michael McEvoy, Information and Privacy Commissioner (British Columbia)

Biography

Michael McEvoy

Commissioner Michael McEvoy was appointed to a six-year term as BC’s Information and Privacy Commissioner by unanimous motion of the Legislative Assembly in 2018. In this capacity, he provides independent oversight and enforcement of BC's access and privacy laws, including the Freedom of Information and Protection of Privacy Act (FIPPA), which applies to public bodies, and the Personal Information Protection Act (PIPA), which applies to the private sector.

Since his appointment, Commissioner McEvoy has led a series of investigations aimed at strengthening access to information and protection of privacy, ranging from a report on how BC’s political parties collect and use the personal information of BC voters to an examination of the massive health data breach by LifeLabs. He also oversees the Office’s efforts to educate BC organizations about their privacy obligations under PIPA.

Commissioner McEvoy chairs the governing committee of the Asia Pacific Privacy Authorities (APPA), which brings privacy and data protection regulators together across the Asia Pacific region.

Commissioner McEvoy joined the BC OIPC in 2007, adjudicating more than 50 inquiries under provincial access and privacy law before his appointment as Deputy Commissioner in 2013. He was a public school trustee for 12 years, a role that included two terms as President of the British Columbia School Trustees' Association and one as President of the Canadian School Boards' Association. He has chaired Greater Victoria’s United Way campaign and presently serves on the board of the Victoria Conservatory of Music.

Commissioner McEvoy earned a Juris Doctorate from the University of Manitoba in 1985 and a Bachelor of Arts in 1980 from the University of Winnipeg. He has been a member of the Law Society of British Columbia since 1986.

Jill Perron, Ombudsman (Manitoba)

Biography

Jill Perron

Commissioner Jill Perron was sworn in as Manitoba’s Ombudsman for a six-year term on May 28, 2019. In this role, Commissioner Perron investigates complaints and reviews compliance with access to information and protection of privacy rights under the Freedom of Information and Protection of Privacy Act (FIPPA) and the Personal Health Information Act (PHIA).

Prior to this appointment, she was the Assistant Deputy Minister in the Department of Families, where she provided executive leadership to the Child and Youth Services Division and served as the Director of Child and Family Services and was a Board Member of the Manitoba Housing Renewal Corporation. Previously, she served as the Acting Assistant Deputy Minister of Manitoba Housing and Community Development, where she led the development of policy and strategic initiatives working in collaboration with federal and municipal governments, diverse local communities and their residents.

She has over 24 years of experience in public service, eight of which were spent in the Office of the Children’s Advocate (now called the Manitoba Advocate for Children and Youth) and Manitoba Ombudsman.

She holds a Master of Public Administration degree from the University of Winnipeg, as well as a Bachelor of Social Work degree and a Bachelor of Arts degree from the University of Manitoba.

Marie-France Pelletier, Ombud (New Brunswick)

Biography

Marie-France Pelletier

Marie-France Pelletier was appointed to a seven-year term as New Brunswick Ombud on January 1, 2022. She oversees the Right to Information and Protection of Privacy Act and the Personal Health Information Privacy and Access Act, a role that was performed by the Office of the Integrity Commissioner until June 2019.

An experienced public sector executive, she worked in the administrative justice sector for over 13 years prior to her appointment as Ombud. She was appointed as the first CEO of the Administrative Tribunals Support Service of Canada where she established a service delivery organization specialized in the field of administrative justice. In addition to her work as a tribunal administrator, she is an accomplished adjudicator, having served in some of Canada’s largest administrative tribunals, more recently at the Tribunals Ontario Landlord and Tenant Board and previously as the Executive Vice-Chairperson of the Parole Board of Canada.

She has been working in federal and provincial governments for nearly 30 years. In New Brunswick, her work as Deputy Chief of Staff and then Deputy Minister of Policy and Priorities focused on advancing social policy initiatives, such as governance reforms in the health and education sectors, as well as leading the first review of the Official Languages Act in 40 years.

She holds a law degree from the Université de Moncton and is a member of the Law Society of New Brunswick and the Canadian Bar Association. She served as a member of the Board of Governors of the Université de Moncton and chaired its governance committee. She also served on the Council of Canadian Administrative Tribunals (CCAT) Board as Vice-Chairperson.

Michael Harvey, Information and Privacy Commissioner (Newfoundland and Labrador)

Biography

Michael Harvey

Commissioner Michael Harvey was appointed to a six-year term as the Information and Privacy Commissioner for Newfoundland and Labrador effective August 5, 2019. He oversees both the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015) and the Personal Health Information Act (PHIA).

Prior to his appointment, he joined the Government of Newfoundland and Labrador in January 2006. Since then, his time had been divided between Executive Council (Intergovernmental Affairs Secretariat and Cabinet Secretariat) and line departments (Departments of Children, Youth and Family Services, and Health and Community Services).

His first executive appointment was in 2012 as Executive Director of Planning and Coordination in Cabinet Secretariat. In early 2015, he was seconded from that role to another within Cabinet Secretariat to lead a transition team drawn together to spearhead Government’s acceptance of the recommendations of the 2014 Statutory Review of the Access to Information and Protection of Privacy Act. These recommendations involved the passage of an entirely new Act, the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015) through the House of Assembly and an associated, public-sector wide, change management exercise.

Mr. Harvey was appointed as Assistant Deputy Minister of Policy, Planning and Performance Management in the Department of Health and Community Services in August 2015. His duties included the ongoing statutory review of the Personal Health Information Act. He also worked extensively on Government’s eHealth agenda, including promoting and facilitating the development of the Newfoundland and Labrador Centre for Health Information (NLCHI) Data Warehouse and Data Lab, increasing data analytics capacity for clinical decision-making and decision support, and advancing virtual care.

Mr. Harvey has lectured in political science and public administration at Memorial University, the University of Guelph and the University of Toronto. He is a graduate of Memorial University, with an Honours Bachelor of Arts degree in Political Science; has a Master of Arts degree in Political Studies from Queen’s University; and holds an Executive Certificate in Conflict Management from the University of Windsor, Faculty of Law/Stitt Feld Handy Group.

Andrew Fox, Information and Privacy Commissioner (Northwest Territories)

Biography

Andrew Fox

Commissioner Andrew Fox was appointed to a five-year term as the Information and Privacy Commissioner as of November 23, 2020. He is the second person to occupy the office, following Ms. Elaine Keenan Bengts who served in the position from its inception in 1997 until retiring in 2020. Commissioner Fox oversees the Access to Information and Protection of Privacy Act and the Health Information Act.

After graduating law school at the University of Alberta in 1992, he moved to the Northwest Territories first to work in Inuvik for the Gwich’in Tribal Council. He later articled with the Yellowknife firm of Cooper Peach and Gullberg and was called to the bar in 1994. After 2 years as an associate, Mr. Fox worked as a criminal defense counsel and clinic director with Northwest Territories Legal Services Board, first in Inuvik and later in Yellowknife. In 2002, he joined the federal prosecution service, and in 2004 transferred to a civil litigation position with the federal Department of Justice, continuing in that position until November 2020.

Tricia Ralph, Information and Privacy Commissioner (Nova Scotia)

Biography

Tricia Ralph

Commissioner Tricia Ralph was appointed as the Information and Privacy Commissioner in March 2020 for a term of five years. In her role she oversees the Freedom of Information and Protection of Privacy Act, the Municipal Government Act, the Personal Health Information Act and the Privacy Review Officer Act.

She was legal counsel for the Information and Privacy Commissioner of the Northwest Territories and Nunavut in 2019. Prior to that, she worked as a legal and legislative advisor for the Department of Education, Culture and Employment in the Northwest Territories. She provided legal advice on access and privacy issues to all government departments, including on the implementation of the Health Information Act.

Commissioner Ralph holds a Bachelor of Laws and Masters of Health Administration from Dalhousie University, as well as a Bachelor of Science from Trent University. She is a member of the Nova Scotia Barristers' Society.

Graham Steele, Information and Privacy Commissioner (Nunavut)

Biography

Graham Steele

Commissioner Graham Steele was appointed Nunavut’s Information and Privacy Commissioner in January 2021 for a five-year term. In this role, he oversees the Access to Information and Protection of Privacy Act (ATIPPA).

Previously, Commissioner Steele was a lawyer in private practice, then in government, before being elected to the Nova Scotia House of Assembly in 2001. He served in the House for twelve years, including four years as a cabinet minister. After leaving politics, he was a professor of business law at Dalhousie. He has written extensively on a variety of legal topics, including on politics and the political process.

Throughout his career, Commissioner Steele has been involved in access and privacy issues. He was an access administrator within government, then a frequent applicant. He also argued several access cases in court. As a minister, he was responsible for his department’s administration of the access law.

Steele graduated with a Bachelor of Arts from the University of Manitoba and was recipient of the Governor General's Silver Medal. Steele received a Rhodes Scholarship and attended St Edmund Hall, Oxford University, graduating with a degree in philosophy, politics, and economics

Patricia Kosseim, Information and Privacy Commissioner (Ontario)

Biography

Patricia Kosseim

Commissioner Patricia Kosseim was appointed Information and Privacy Commissioner for five years on July 1, 2020. She oversees Ontario privacy legislation, in particular the Freedom of Information and Protection of Privacy Act, the Municipal Freedom of Information and Protection of Privacy Act and the Personal Health Information Protection Act.

Prior to joining the IPC, she was counsel in Osler’s Privacy and Data Management Group where she provided strategic advice to clients on matters of privacy, data governance, and access law. She also led a number of thought leadership initiatives as national co-leader of Osler’s AccessPrivacy knowledge platform.

Previously, she served as Senior General Counsel and Director General at the OPC for more than a decade. During that period, she was responsible for advancing a number of major cases before the federal courts and the Supreme Court of Canada; advising on privacy investigations; appearing before parliamentary committees on significant legislative bills; developing national and international policies; leading a national research funding program; and, overseeing a technology analysis team and laboratory. Between 2008 and 2010, she was on Executive Interchange with Genome Canada. Prior to joining the OPC, she spent five years building and leading the Ethics Office of the Canadian Institutes of Health Research. She began her career in Montreal in a large national law firm, practicing in the areas of health law, civil litigation, human rights, privacy, and labour and employment.

Commissioner Kosseim has published and spoken extensively on matters of privacy law, health law, and ethics. She has taught part-time at the University of Ottawa Faculty of Law and has held many professional appointments and board memberships, including as a member of the Board of Governors of the Ottawa Hospital; chair of the Board of Directors of the Ottawa Hospital Research Institute; vice-chair of the Research Integrity Committee of les Fonds de recherche du Quebec; member of the National DNA Databank Advisory Committee; and member of various expert working groups of the Organization for Economic Co-operation and Development.

Commissioner Kosseim obtained her business and law degrees from McGill University in Montreal, and a Master’s Degree in Medical Law and Ethics from King’s College, University of London. She is a member of the Law Society of Ontario, as well as the Barreau du Québec.

Denise N. Doiron, Information and Privacy Commissioner (Prince Edward Island)

Biography

Denise N. Doiron

Commissioner Denise Doiron was appointed the Information and Privacy Commissioner for PEI for a term of five years effective June 23, 2020. She oversees the Freedom of Information and Protection of Privacy Act and the Health Information Act.

A lawyer with over 22 years practice experience within government, she has been closely involved in access to information and protection of privacy issues throughout her career, dating back to when the Freedom of Information and Protection of Privacy Act was being prepared to be rolled out across the provincial government. She worked on the implementation team and was involved in getting the legislation ready for proclamation.

She served two years as the Public Trustee, Public Guardian and Official Guardian for Prince Edward Island, from 2009 to 2011. She also served as General Counsel at Health PEI, PEI's provincial health authority, where, among her other duties, she also consulted on the creation and implementation of the Health Information Act and provided guidance to the health authority on various privacy and information access issues.

Commissioner Doiron obtained a Bachelor of Laws from the University of New Brunswick in 1995 and a Bachelor of Science from the University of Prince Edward Island in 1992. She has been a member of the Prince Edward Island Law Society since 1997.

Diane Poitras, President of the Commission d’accès à l’information (Québec)

Biography

Diane Poitras

Mme. Poitras was appointed to a five-year term as President of the Commission d’accès à l’information du Québec (CAI) in 2019. In her current capacity, she oversees the Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information and the Act Respecting the Protection of Personal Information in the Private Sector. Prior to this position, she worked at the CAI as interim President, Vice-Chair, administrative judge, and in the legal department. At the time of her appointment as an administrative judge at the CAI, Mme Poitras was part of the Legal Services branch of the Tribunal administratif du Québec.

Her other previous roles included Advisor to the Minister responsible for the Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information; and Responsible for access and protection of personal information at the Commission de la santé et de la sécurité du travail.

She is the principal author of the Guide pratique sur l’accès et la protection de l’information, which was the winner of the 2008 Quebec Bar Foundation legal competition award (“Repertoire” category). She has also taught at the École nationale d'administration publique and at the Université du Québec à Montréal.

The Association of Access to Information and Privacy Professionals presented her with the Hommage award in 2011. She has been a member of the Quebec Bar since 1986.

Ronald J. Kruzeniski, Information and Privacy Commissioner (Saskatchewan)

Biography

Ronald J. Kruzeniski

In 2018 Commissioner Ronlad Kruzeniski was re-appointed as the Information and Privacy Commissioner of Saskatchewan for a five year period. He was first appointed in 2014. He oversees the Freedom of Information and Protection of Privacy Act (FOIP), the Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP), and the Health Information Protection Act (HIPA).

Previously, he was in private legal practice in Regina for 16 years. He also practiced law in the Ministry of Justice and in 1995 was appointed the Public Guardian and Trustee. In addition, he served as Chief Commissioner of the Human Rights Commission.

He has been involved in various senior volunteer roles over the years including the Alzheimer Society of Saskatchewan, the Canadian Bar Association National Elder Law Section, the Public Legal Education Association of Saskatchewan, the Saskatchewan Legal Aid Commission, the Law Society of Saskatchewan, the Regina Catholic School Board, the Campion College Board of Regents, the Regina Public Library Board and the Saskatchewan School Boards Association.

He is a recipient of the Saskatchewan Volunteer Medal, the Canadian Bar Association Community Service Award, and the recipient of the Saskatchewan Centennial Medal.

Commissioner Kruzeniski obtained a Bachelor of Administration and a Law degree from the University of Saskatchewan. He was called to the Saskatchewan Bar in 1973. He was appointed Queen’s Counsel in 1984.

Diane McLeod-McKay, Information and Privacy Commissioner (Yukon)

Biography

Diane McLeod-McKay

Commissioner Diane McLeod-McKay was appointed Yukon's first full-time Ombudsman and Information and Privacy Commissioner in June 2013 and reappointed to a second term in November 2017. On August 1, 2022, she will become Alberta’s Information and Privacy Commissioner. Her successor in Yukon has not been announced yet.

In August 2016, as Information and Privacy Commissioner of Yukon, she became responsible for overseeing compliance with the Health Information Privacy and Management Act (HIPMA), in addition to her existing responsibilities under the Access to Information and Protection of Privacy Act (ATIPP).

In June 2015, she became Yukon's first Public Interest Disclosure Commissioner under the Public Interest Disclosure of Wrongdoing Act, in addition to her other roles.

In September 2011, she joined the Information and Privacy Commissioner of Alberta's Office as the Director of the Personal Information Protection Act, where she served until taking her position in Yukon in 2013. Prior to this position, she spent several years at the Calgary Health Region where she was responsible for Legal Services as well as Information and Privacy.

After relocating to British Columbia in 2004, she worked as an information, privacy and security consultant for the Government of British Columbia. After becoming a lawyer, she focused her practice on advising the private, public and health sectors on their responsibilities for compliance with access and privacy legislation. She has been called to the British Columbia bar, Alberta bar, and Yukon bar.

Throughout her career she has participated on many committees advocating for the protection of privacy, including the Canadian Bar Association Access and Privacy Section and the Vancouver Island Clinical Research Ethics Board.

Commissioner McLeod-McKay obtained her law degree from the University of Victoria.

Prepared by: Policy, Research and Parliamentary Affairs Directorate

Table of Contents

Federal, Provincial and Territorial Partnerships

Cooperation with Alberta, British Columbia, and Quebec

Biographies of the Provincial and Territorial Commissioners

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