sensory disability means a disability that relates to sight or hearing. (déficience sensorielle)
Privacy Commissioner means the Commissioner appointed under section 53; (Commissaire à la protection de la vie privée)
personal information bank means a collection or grouping of personal information described in section 10; (fichier de renseignements personnels)
personal information means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing,
head, in respect of a government institution, means
government institution means
designated Minister means a person who is designated as the Minister under subsection 3.1(1); (ministre désigné)
Court means the Federal Court; (Cour)
alternative format, with respect to personal information, means a format that allows a person with a sensory disability to read or listen to the personal information; (support de substitution)
administrative purpose, in relation to the use of personal information about an individual, means the use of that information in a decision making process that directly affects that individual; (fins administratives)
any parent Crown corporation, and any wholly-owned subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act; (institution fédérale)
any department or ministry of state of the Government of Canada, or any body or office, listed in the schedule, and
in any other case, either the person designated under subsection 3.1(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title; (responsable d’institution fédérale)
in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or
but, for the purposes of sections 7, 8 and 26 and section 19 of the Access to Information Act, does not include
information about an individual who has been dead for more than twenty years; (renseignements personnels)
information relating to any discretionary benefit of a financial nature, including the granting of a licence or permit, conferred on an individual, including the name of the individual and the exact nature of the benefit, and
information about an individual who is or was performing services under contract for a government institution that relates to the services performed, including the terms of the contract, the name of the individual and the opinions or views of the individual given in the course of the performance of those services,
information about an individual who is or was an officer or employee of a government institution that relates to the position or functions of the individual including,
the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual,
the views or opinions of another individual about a proposal for a grant, an award or a prize to be made to the individual by an institution or a part of an institution referred to in paragraph (e), but excluding the name of the other individual where it appears with the views or opinions of the other individual, and
the views or opinions of another individual about the individual,
correspondence sent to a government institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence,
the personal opinions or views of the individual except where they are about another individual or about a proposal for a grant, an award or a prize to be made to another individual by a government institution or a part of a government institution specified in the regulations,
the address, fingerprints or blood type of the individual,
any identifying number, symbol or other particular assigned to the individual,
information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved,
information relating to the race, national or ethnic origin, colour, religion, age or marital status of the individual,
the personal opinions or views of the individual given in the course of employment,
the name of the individual on a document prepared by the individual in the course of employment, and
the classification, salary range and responsibilities of the position held by the individual,
the title, business address and telephone number of the individual,
the fact that the individual is or was an officer or employee of the government institution,
For greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act.
For greater certainty, any provision of this Act that applies to a government institution that is a parent Crown corporation applies to any of its wholly-owned subsidiaries within the meaning of section 83 of the Financial Administration Act.
The Governor in Council may, by order, designate a person to be the head of a government institution, other than a department or ministry of state, for the purposes of this Act.
The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.
Subsections (1) and (2) do not apply where compliance therewith might
A government institution shall inform any individual from whom the institution collects personal information about the individual of the purpose for which the information is being collected.
A government institution shall, wherever possible, collect personal information that is intended to be used for an administrative purpose directly from the individual to whom it relates except where the individual authorizes otherwise or where personal information may be disclosed to the institution under subsection 8(2).
defeat the purpose or prejudice the use for which information is collected.
result in the collection of inaccurate information; or
A government institution shall dispose of personal information under the control of the institution in accordance with the regulations and in accordance with any directives or guidelines issued by the designated minister in relation to the disposal of that information.
A government institution shall take all reasonable steps to ensure that personal information that is used for an administrative purpose by the institution is as accurate, up-to-date and complete as possible.
Personal information that has been used by a government institution for an administrative purpose shall be retained by the institution for such period of time after it is so used as may be prescribed by regulation in order to ensure that the individual to whom it relates has a reasonable opportunity to obtain access to the information.
for a purpose for which the information may be disclosed to the institution under subsection 8(2).
for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose; or
The expression council of the Westbank First Nation in paragraphs (2)(f) and (7)(b) means the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act.
The expression aboriginal government in paragraph (2)(k) means
In paragraph (2)(k), Indian band means
The head of a government institution shall notify the Privacy Commissioner in writing of any disclosure of personal information under paragraph (2)(m) prior to the disclosure where reasonably practicable or in any other case forthwith on the disclosure, and the Privacy Commissioner may, if the Commissioner deems it appropriate, notify the individual to whom the information relates of the disclosure.
The head of a government institution shall retain a copy of every request received by the government institution under paragraph (2)(e) for such period of time as may be prescribed by regulation, shall keep a record of any information disclosed pursuant to the request for such period of time as may be prescribed by regulation and shall, on the request of the Privacy Commissioner, make those copies and records available to the Privacy Commissioner.
Subject to any other Act of Parliament, personal information under the custody or control of the Library and Archives of Canada that has been transferred there by a government institution for historical or archival purposes may be disclosed in accordance with the regulations to any person or body for research or statistical purposes.
Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed
Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be disclosed by the institution except in accordance with this section.
for any purpose where, in the opinion of the head of the institution,
to any government institution for the purpose of locating an individual in order to collect a debt owing to Her Majesty in right of Canada by that individual or make a payment owing to that individual by Her Majesty in right of Canada; and
to any aboriginal government, association of aboriginal people, Indian band, government institution or part thereof, or to any person acting on behalf of such government, association, band, institution or part thereof, for the purpose of researching or validating the claims, disputes or grievances of any of the aboriginal peoples of Canada;
to any person or body for research or statistical purposes if the head of the government institution
to the Library and Archives of Canada for archival purposes;
to officers or employees of the institution for internal audit purposes, or to the office of the Comptroller General or any other person or body specified in the regulations for audit purposes;
to a member of Parliament for the purpose of assisting the individual to whom the information relates in resolving a problem;
under an agreement or arrangement between the Government of Canada or an institution thereof and the government of a province, the council of the Westbank First Nation, the council of a participating First Nation — as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act —, the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the purpose of administering or enforcing any law or carrying out a lawful investigation;
to an investigative body specified in the regulations, on the written request of the body, for the purpose of enforcing any law of Canada or a province or carrying out a lawful investigation, if the request specifies the purpose and describes the information to be disclosed;
to the Attorney General of Canada for use in legal proceedings involving the Crown in right of Canada or the Government of Canada;
for the purpose of complying with a subpoena or warrant issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information;
for any purpose in accordance with any Act of Parliament or any regulation made thereunder that authorizes its disclosure;
for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose;
obtains from the person or body a written undertaking that no subsequent disclosure of the information will be made in a form that could reasonably be expected to identify the individual to whom it relates;
is satisfied that the purpose for which the information is disclosed cannot reasonably be accomplished unless the information is provided in a form that would identify the individual to whom it relates, and
disclosure would clearly benefit the individual to whom the information relates.
the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure, or
a first nation named in Schedule II to the Yukon First Nations Self-Government Act.
the Band, as defined in the Sechelt Indian Band Self-Government Act, chapter 27 of the Statutes of Canada, 1986; or
a band, as defined in the Cree-Naskapi (of Quebec) Act, chapter 18 of the Statutes of Canada, 1984;
a band, as defined in the Indian Act;
a Maanulth Government, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act.
the Tsawwassen Government, as defined in subsection 2(2) of the Tsawwassen First Nation Final Agreement Act; or
the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act;
the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act;
the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act;
the council of the Westbank First Nation;
Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act;
Where personal information in a personal information bank under the control of a government institution is used or disclosed for a use consistent with the purpose for which the information was obtained or compiled by the institution but the use is not included in the statement of consistent uses set forth pursuant to subparagraph 11(1)(a)(iv) in the index referred to in section 11, the head of the government institution shall
For the purposes of this Act, a record retained under subsection (1) shall be deemed to form part of the personal information to which it is attached.
Subsection (1) does not apply in respect of information disclosed pursuant to paragraph 8(2)(e).
The head of a government institution shall retain a record of any use by the institution of personal information contained in a personal information bank or any use or purpose for which that information is disclosed by the institution where the use or purpose is not included in the statements of uses and purposes set forth pursuant to subparagraph 11(1)(a)(iv) and subsection 11(2) in the index referred to in section 11, and shall attach the record to the personal information.
ensure that the use is included in the next statement of consistent uses set forth in the index.
forthwith notify the Privacy Commissioner of the use for which the information was used or disclosed; and
is organized or intended to be retrieved by the name of an individual or by an identifying number, symbol or other particular assigned to an individual.
has been used, is being used or is available for use for an administrative purpose; or
Subsection (1) does not apply in respect of personal information under the custody or control of the Library and Archives of Canada that has been transferred there by a government institution for historical or archival purposes.
The head of a government institution shall cause to be included in personal information banks all personal information under the control of the government institution that
an indication, where applicable, that the bank was designated as an exempt bank by an order under section 18 and the provision of section 21 or 22 on the basis of which the order was made; and
a statement of the retention and disposal standards applied to personal information in the bank, and
a statement of the purposes for which personal information in the bank was obtained or compiled and a statement of the uses consistent with those purposes for which the information is used or disclosed,
the title and address of the appropriate officer to whom requests relating to personal information contained in the bank should be sent,
the name of the government institution that has control of the bank,
the identification and a description of the bank, the registration number assigned to it by the designated Minister pursuant to paragraph 71(1)(b) and a description of the class of individuals to whom personal information contained in the bank relates,
all classes of personal information under the control of a government institution that are not contained in personal information banks, setting forth in respect of each class
all personal information banks setting forth, in respect of each bank,
the title and address of the appropriate officer for each government institution to whom requests relating to personal information within the class should be sent.
a description of the class in sufficient detail to facilitate the right of access under this Act, and
The designated Minister shall cause the index referred to in subsection (1) to be made available throughout Canada in conformity with the principle that every person is entitled to reasonable access to the index.
The designated Minister may set forth in the index referred to in subsection (1) a statement of any of the uses and purposes, not included in the statements made pursuant to subparagraph (1)(a)(iv), for which personal information contained in any of the personal information banks referred to in the index is used or disclosed on a regular basis.
The designated Minister shall cause to be published on a periodic basis not less frequently than once each year, an index of
any other personal information about the individual under the control of a government institution with respect to which the individual is able to provide sufficiently specific information on the location of the information as to render it reasonably retrievable by the government institution.
any personal information about the individual contained in a personal information bank; and
The Governor in Council may, by order, extend the right to be given access to personal information under subsection (1) to include individuals not referred to in that subsection and may set such conditions as the Governor in Council deems appropriate.
Every individual who is given access under paragraph (1)(a) to personal information that has been used, is being used or is available for use for an administrative purpose is entitled to
Subject to this Act, every individual who is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act has a right to and shall, on request, be given access to
require that any person or body to whom that information has been disclosed for use for an administrative purpose within two years prior to the time a correction is requested or a notation is required under this subsection in respect of that information
require that a notation be attached to the information reflecting any correction requested but not made; and
request correction of the personal information where the individual believes there is an error or omission therein;
where the disclosure is to a government institution, the institution make the correction or notation on any copy of the information under its control.
be notified of the correction or notation, and
A request for access to personal information under paragraph 12(1)(b) shall be made in writing to the government institution that has control of the information and shall provide sufficiently specific information on the location of the information as to render it reasonably retrievable by the government institution.
A request for access to personal information under paragraph 12(1)(a) shall be made in writing to the government institution that has control of the personal information bank that contains the information and shall identify the bank.
if access is to be given, give the individual who made the request access to the information or the part thereof.
give written notice to the individual who made the request as to whether or not access to the information or a part thereof will be given; and
consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit, or
meeting the original time limit would unreasonably interfere with the operations of the government institution, or
such period of time as is reasonable, if additional time is necessary for translation purposes or for the purposes of converting the personal information into an alternative format,
a maximum of thirty days if
the specific provision of this Act on which the refusal was based or the provision on which a refusal could reasonably be expected to be based if the information existed,
that the personal information does not exist, or
Where the head of a government institution fails to give access to any personal information requested under subsection 12(1) within the time limits set out in this Act, the head of the institution shall, for the purposes of this Act, be deemed to have refused to give access.
The head of a government institution may but is not required to indicate under subsection (1) whether personal information exists.
Where the head of a government institution refuses to give access to any personal information requested under subsection 12(1), the head of the institution shall state in the notice given under paragraph 14(a)
provide the individual with a copy thereof.
permit the individual to examine the information in accordance with the regulations; or
Where access to personal information is to be given under this Act and the individual to whom access is to be given has a sensory disability and requests that access be given in an alternative format, access shall be given in an alternative format if
Where access to personal information is to be given under this Act and the individual to whom access is to be given requests that access be given in a particular one of the official languages of Canada,
Subject to any regulations made under paragraph 77(1)(o), where an individual is to be given access to personal information requested under subsection 12(1), the government institution shall
where the personal information does not exist in that language, the head of the government institution that has control of the personal information shall cause it to be translated or interpreted for the individual if the head of the institution considers a translation or interpretation to be necessary to enable the individual to understand the information.
access shall be given in that language, if the personal information already exists under the control of a government institution in that language; and
the head of the government institution that has control of the personal information considers the giving of access in an alternative format to be necessary to enable the individual to exercise the individual’s right of access under this Act and considers it reasonable to cause the personal information to be converted.
the personal information already exists under the control of a government institution in an alternative format that is acceptable to the individual; or
An order made under subsection (1) shall specify
The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that is contained in a personal information bank designated as an exempt bank under subsection (1).
The Governor in Council may, by order, designate as exempt banks certain personal information banks that contain files all of which consist predominantly of personal information described in section 21 or 22.
where a personal information bank is designated that contains files that consist predominantly of personal information described in subparagraph 22(1)(a)(ii), the law concerned.
the section on the basis of which the order is made; and
the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act.
the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act; or
a municipal or regional government established by or pursuant to an Act of the legislature of a province or an institution of such a government;
the government of a province or an institution thereof;
an international organization of states or an institution thereof;
the government of a foreign state or an institution thereof;
The head of a government institution may disclose any personal information requested under subsection 12(1) that was obtained from any government, organization or institution described in subsection (1) if the government, organization or institution from which the information was obtained
Subject to subsection (2), the head of a government institution shall refuse to disclose any personal information requested under subsection 12(1) that was obtained in confidence from
makes the information public.
consents to the disclosure; or
activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act,
the enforcement of any law of Canada or a province, or
the detection, prevention or suppression of crime,
the disclosure of which could reasonably be expected to be injurious to the security of penal institutions.
the disclosure of which could reasonably be expected to be injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigations, including, without restricting the generality of the foregoing, any such information
that was obtained or prepared by any government institution, or part of any government institution, that is an investigative body specified in the regulations in the course of lawful investigations pertaining to
that was obtained or prepared in the course of an investigation; or
that would reveal the identity of a confidential source of information, or
relating to the existence or nature of a particular investigation,
The head of a government institution shall refuse to disclose personal information requested under subsection 12(1) that was created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.
The Public Sector Integrity Commissioner shall refuse to disclose any personal information requested under subsection 12(1) that was obtained or created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the Public Servants Disclosure Protection Act or an investigation commenced under section 33 of that Act.
For the purposes of paragraph (1)(b), investigation means an investigation that
The head of a government institution shall refuse to disclose any personal information requested under subsection 12(1) that was obtained or prepared by the Royal Canadian Mounted Police while performing policing services for a province or municipality pursuant to an arrangement made under section 20 of the Royal Canadian Mounted Police Act, where the Government of Canada has, on the request of the province or municipality, agreed not to disclose such information.
The head of a government institution may refuse to disclose any personal information requested under subsection 12(1)
is within a class of investigations specified in the regulations.
is authorized by or pursuant to an Act of Parliament; or
pertains to the administration or enforcement of an Act of Parliament;
However, the Commissioner shall not refuse under subsection (1) to disclose any personal information that was created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner once the investigation and all related proceedings, if any, are finally concluded.
The Privacy Commissioner shall refuse to disclose any personal information requested under this Act that was obtained or created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner.
required by the government of a province or a foreign state or an institution thereof,
required by the Government of Canada or a government institution in respect of individuals employed by or performing services for the Government of Canada or a government institution, individuals employed by or performing services for a person or body performing services for the Government of Canada or a government institution, individuals seeking to be so employed or seeking to perform those services, or
reveal information about the individual originally obtained on a promise of confidentiality, express or implied.
lead to a serious disruption of the individual’s institutional, parole or statutory release program; or
in respect of any other matter relating to
in respect of the index referred to in subsection 11(1); or
from individuals who have been required to pay a fee that they consider inappropriate;
from individuals who have not been given access to personal information in an alternative format pursuant to a request made under subsection 17(3);
from individuals who have not been given access to personal information in the official language requested by the individuals under subsection 17(2);
from individuals who have requested access to personal information in respect of which a time limit has been extended pursuant to section 15 where they consider the extension unreasonable;
from individuals who allege that they are not being accorded the rights to which they are entitled under subsection 12(2) or that corrections of personal information requested under paragraph 12(2)(a) are being refused without justification;
from individuals who have been refused access to personal information requested under subsection 12(1);
from individuals who allege that personal information about themselves held by a government institution has been used or disclosed otherwise than in accordance with section 7 or 8;
requesting or obtaining access under subsection 12(1) to personal information.
the use or disclosure of personal information under the control of a government institution, or
the collection, retention or disposal of personal information by a government institution,
Where the Privacy Commissioner is satisfied that there are reasonable grounds to investigate a matter under this Act, the Commissioner may initiate a complaint in respect thereof.
Nothing in this Act precludes the Privacy Commissioner from receiving and investigating complaints of a nature described in subsection (1) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other section includes a reference to a person so authorized.
Subject to this Act, the Privacy Commissioner shall receive and investigate complaints
In the course of an investigation of a complaint under this Act by the Privacy Commissioner, the person who made the complaint and the head of the government institution concerned shall be given an opportunity to make representations to the Commissioner, but no one is entitled as of right to be present during, to have access to or to comment on representations made to the Commissioner by any other person.
Every investigation of a complaint under this Act by the Privacy Commissioner shall be conducted in private.
to examine or obtain copies of or extracts from books or other records found in any premises entered pursuant to paragraph (d) containing any matter relevant to the investigation.
to converse in private with any person in any premises entered pursuant to paragraph (d) and otherwise carry out therein such inquiries within the authority of the Privacy Commissioner under this Act as the Commissioner sees fit; and
to enter any premises occupied by any government institution on satisfying any security requirements of the institution relating to the premises;
to receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as the Privacy Commissioner sees fit, whether or not the evidence or information is or would be admissible in a court of law;
to administer oaths;
to summon and enforce the appearance of persons before the Privacy Commissioner and compel them to give oral or written evidence on oath and to produce such documents and things as the Commissioner deems requisite to the full investigation and consideration of the complaint, in the same manner and to the same extent as a superior court of record;
Any document or thing produced pursuant to this section by any person or government institution shall be returned by the Privacy Commissioner within ten days after a request is made to the Commissioner by that person or government institution, but nothing in this subsection precludes the Commissioner from again requiring its production in accordance with this section.
Any person summoned to appear before the Privacy Commissioner pursuant to this section is entitled in the discretion of the Commissioner to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.
Except in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, in a prosecution for an offence under this Act or in a review before the Court under this Act or an appeal therefrom, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings is inadmissible against that person in a court or in any other proceedings.
Notwithstanding any other Act of Parliament or any privilege under the law of evidence, the Privacy Commissioner may, during the investigation of any complaint under this Act, examine any information recorded in any form under the control of a government institution, other than a confidence of the Queen’s Privy Council for Canada to which subsection 70(1) applies, and no information that the Commissioner may examine under this subsection may be withheld from the Commissioner on any grounds.
The Privacy Commissioner has, in relation to the carrying out of the investigation of any complaint under this Act, power
where appropriate, a request that, within a time specified therein, notice be given to the Commissioner of any action taken or proposed to be taken to implement the recommendations contained in the report or reasons why no such action has been or is proposed to be taken.
the findings of the investigation and any recommendations that the Commissioner considers appropriate; and
Where, following the investigation of a complaint relating to a refusal to give access to personal information under this Act, access is not given to the complainant, the Privacy Commissioner shall inform the complainant that the complainant has the right to apply to the Court for a review of the matter investigated.
Where, pursuant to a request under paragraph (1)(b), the head of a government institution gives notice to the Privacy Commissioner that access to personal information will be given to a complainant, the head of the institution shall give the complainant access to the information forthwith on giving the notice.
Where a notice has been requested under paragraph (1)(b) but no such notice is received by the Commissioner within the time specified therefor or the action described in the notice is, in the opinion of the Commissioner, inadequate or inappropriate or will not be taken in a reasonable time, the Commissioner shall so advise the complainant in his report under subsection (2) and may include in the report such comments on the matter as he thinks fit.
The Privacy Commissioner shall, after investigating a complaint under this Act, report to the complainant the results of the investigation, but where a notice has been requested under paragraph (1)(b) no report shall be made under this subsection until the expiration of the time within which the notice is to be given to the Commissioner.
If, on investigating a complaint under this Act in respect of personal information, the Privacy Commissioner finds that the complaint is well-founded, the Commissioner shall provide the head of the government institution that has control of the personal information with a report containing
Where the Privacy Commissioner requests a notice under paragraph (3)(b) in respect of any file contained in a personal information bank designated under section 18 as an exempt bank and no notice is received within the time specified therefor or the action described in the notice is, in the opinion of the Commissioner, inadequate or inappropriate or will not be taken in a reasonable time, the Privacy Commissioner may make an application to the Court under section 43.
Any report made by the Privacy Commissioner under subsection (3), together with any notice given to the Commissioner in response thereto, may be included in a report made pursuant to section 38 or 39.
If, following an investigation under subsection (1), the Privacy Commissioner considers that any file contained in a personal information bank should not be contained therein within the terms of the order designating the bank as an exempt bank, the Commissioner shall provide the head of the government institution that has control of the bank with a report containing
Sections 31 to 34 apply, where appropriate and with such modifications as the circumstances require, in respect of investigations carried out under subsection (1).
The Privacy Commissioner may, from time to time at the discretion of the Commissioner, carry out investigations of the files contained in personal information banks designated as exempt banks under section 18.
where appropriate, a request that, within a time specified therein, notice be given to the Commissioner of any action taken or proposed to be taken to implement the recommendations or reasons why no such action has been or is proposed to be taken.
the findings of the Commissioner and any recommendations that the Commissioner considers appropriate; and
Any report made by the Privacy Commissioner under subsection (3) may be included in a report made pursuant to section 38 or 39.
If, following an investigation under subsection (1), the Privacy Commissioner considers that a government institution has not complied with sections 4 to 8, the Commissioner shall provide the head of the institution with a report containing the findings of the investigation and any recommendations that the Commissioner considers appropriate.
Sections 31 to 34 apply, where appropriate and with such modifications as the circumstances require, in respect of investigations carried out under subsection (1).
The Privacy Commissioner may, from time to time at the discretion of the Commissioner, carry out investigations in respect of personal information under the control of government institutions to ensure compliance with sections 4 to 8.
Any report made pursuant to subsection (1) that relates to an investigation under this Act shall be made only after the procedures set out in section 35, 36 or 37 have been followed in respect of the investigation.
The Privacy Commissioner may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers, duties and functions of the Commissioner where, in the opinion of the Commissioner, the matter is of such urgency or importance that a report thereon should not be deferred until the time provided for transmission of the next annual report of the Commissioner under section 38.
Every report referred to in subsection (1) shall, after it is transmitted for tabling pursuant to that subsection, be referred to the committee designated or established by Parliament for the purpose of subsection 75(1).
Every report to Parliament made by the Privacy Commissioner under section 38 or 39 shall be made by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses.
with leave of the Court, appear as a party to any review applied for under section 41.
appear before the Court on behalf of any individual who has applied for a review under section 41; or
apply to the Court, within the time limits prescribed by section 41, for a review of any refusal to disclose personal information requested under subsection 12(1) in respect of which an investigation has been carried out by the Privacy Commissioner, if the Commissioner has the consent of the individual who requested access to the information;
any information as to whether personal information exists where the head of a government institution, in refusing to disclose the personal information under this Act, does not indicate whether it exists.
any information or other material that the head of a government institution would be authorized to refuse to disclose if it were requested under subsection 12(1) or contained in a record requested under the Access to Information Act; or
The Court may disclose to the appropriate authority information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Court’s opinion, there is evidence of such an offence.
In any proceedings before the Court arising from an application under section 41, 42 or 43, the Court shall take every reasonable precaution, including, when appropriate, receiving representations ex parte and conducting hearings in camera, to avoid the disclosure by the Court or any person of
in the case of a file contained in the bank on the basis of personal information described in section 21 or paragraph 22(1)(b) or (c), that reasonable grounds do not exist on which to include the file in the bank,
in the case of a file contained in the bank on the basis of personal information described in paragraph 22(1)(a) or subsection 22(2), that the file should not be included therein, or
During the hearing of an application referred to in subsection (1) or an appeal brought in respect of such application, the head of the government institution concerned shall, on the request of the head of the institution, be given the opportunity to make representations ex parte.
An application referred to in subsection (1) or an appeal brought in respect of such application shall
Any application under section 41 or 42 relating to personal information that the head of a government institution has refused to disclose by reason of paragraph 19(1)(a) or (b) or section 21, and any application under section 43 in respect of a file contained in a personal information bank designated as an exempt bank under section 18 to contain files all of which consist predominantly of personal information described in section 21, shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of the Court that the Chief Justice may designate to hear the applications.
on the request of the head of the government institution concerned, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.
be heard in camera; and
Where the Court is of the opinion that an application for review under section 41 or 42 has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result.
Subject to subsection (2), the costs of and incidental to all proceedings in the Court under this Act shall be in the discretion of the Court and shall follow the event unless the Court orders otherwise.
In the event of the absence or incapacity of the Privacy Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.
The Privacy Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years.
Subject to this section, the Privacy Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.
The Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.
The Privacy Commissioner is deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Privacy Commissioner, except that a person appointed as Privacy Commissioner from outside the public service, as defined in the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Privacy Commissioner from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.
The Privacy Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice, and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this Act or any other Act of Parliament.
The Privacy Commissioner shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of Privacy Commissioner under this Act or any other Act of Parliament and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward.
In the event that the Information Commissioner is appointed in accordance with subsection (1) as Privacy Commissioner, the Privacy Commissioner shall, notwithstanding subsection 54(2), be paid the salary of the Information Commissioner but not the salary of the Privacy Commissioner.
The Governor in Council may appoint as Privacy Commissioner under section 53 the Information Commissioner appointed under the Access to Information Act.
An Assistant Privacy Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding five years.
Subject to this section, an Assistant Privacy Commissioner holds office during good behaviour for a term not exceeding five years.
The Governor in Council may, on the recommendation of the Privacy Commissioner, appoint one or more Assistant Privacy Commissioners.
An Assistant Privacy Commissioner is deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to an Assistant Privacy Commissioner.
An Assistant Privacy Commissioner is entitled to be paid a salary to be fixed by the Governor in Council and such travel and living expenses incurred in the performance of duties under this Act or any other Act of Parliament as the Privacy Commissioner considers reasonable.
An Assistant Privacy Commissioner shall engage exclusively in such duties or functions of the office of the Privacy Commissioner under this Act or any other Act of Parliament as are delegated by the Privacy Commissioner to that Assistant Privacy Commissioner and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward.
The Privacy Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner under this Act or any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of such persons.
Such officers and employees as are necessary to enable the Privacy Commissioner to perform the duties and functions of the Commissioner under this Act or any other Act of Parliament shall be appointed in accordance with the Public Service Employment Act.
in any case, the powers, duties or functions set out in sections 38 and 39.
in any case other than a delegation to an Assistant Privacy Commissioner, the power to delegate under this section; and
An Assistant Privacy Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Assistant Privacy Commissioner may specify, any of the powers, duties or functions of the Privacy Commissioner under this Act that the Assistant Privacy Commissioner is authorized by the Privacy Commissioner to exercise or perform.
The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate
Subject to subsection (2), the Privacy Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Act except
the investigation under section 36 of files contained in a personal information bank designated under section 18 as an exempt bank on the basis of personal information described in section 21
the investigation of any complaint resulting from a refusal by the head of a government institution to disclose personal information by reason of paragraph 19(1)(a) or (b) or section 21, or
relating to the collection, retention, disposal, use or disclosure of personal information by persons or bodies, other than government institutions, that come within the legislative authority of Parliament,
concerning the extension of the rights to which individuals are entitled under this Act in respect of personal information about themselves, and
relating to the privacy of individuals,
The Minister of Justice shall cause each report by the Privacy Commissioner under subsection (1) to be laid before Parliament on any of the first fifteen days after receipt thereof that either House of Parliament is sitting.
The Privacy Commissioner shall carry out or cause to be carried out such studies as may be referred to the Commissioner by the Minister of Justice
establish the grounds for findings and recommendations contained in any report under this Act; or
carry out an investigation under this Act, or
in the course of a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, a review before the Court under this Act or an appeal therefrom.
that, in the opinion of the Commissioner, is necessary to
The Privacy Commissioner may disclose to the Attorney General of Canada information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Commissioner’s opinion, there is evidence of such an offence.
The Privacy Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information
any information as to whether personal information exists where the head of a government institution, in refusing to disclose the personal information under this Act, does not indicate whether it exists.
any information that the head of a government institution would be authorized to refuse to disclose if it were requested under subsection 12(1) or contained in a record requested under the Access to Information Act; or
For the purposes of any law relating to libel or slander,
No criminal or civil proceedings lie against the Privacy Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commissioner under this Act.
any report made in good faith by the Privacy Commissioner under this Act and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged.
anything said, any information supplied or any document or thing produced in good faith in the course of an investigation carried out by or on behalf of the Privacy Commissioner under this Act is privileged; and
Every person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars.
No person shall obstruct the Privacy Commissioner or any person acting on behalf or under the direction of the Commissioner in the performance of the Commissioner’s duties and functions under this Act.
material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions.
library or museum material preserved solely for public reference or exhibition purposes; or
This Act does not apply to personal information that the Canadian Broadcasting Corporation collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose.
Sections 7 and 8 do not apply to personal information that is publicly available.
This Act does not apply to
draft legislation.
records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d); and
records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy;
agenda of Council or records recording deliberations or decisions of Council;
discussion papers the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions;
memoranda the purpose of which is to present proposals or recommendations to Council;
Subsection (1) does not apply to
For the purposes of subsection (1), Council means the Queen’s Privy Council for Canada, committees of the Queen’s Privy Council for Canada, Cabinet and committees of Cabinet.
This Act does not apply to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing, any information contained in
discussion papers described in paragraph (1)(b)
confidences of the Queen’s Privy Council for Canada that have been in existence for more than twenty years; or
where the decisions have not been made public, if four years have passed since the decisions were made.
if the decisions to which the discussion papers relate have been made public, or
The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate the investigation of any complaint respecting information subject to a certificate issued under section 38.13 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation.
The Privacy Commissioner and every person acting on behalf or under the direction of the Privacy Commissioner, in carrying out their functions under this Act, shall not disclose information subject to a certificate issued under section 38.13 of the Canada Evidence Act and shall take every reasonable precaution to avoid the disclosure of that information.
Notwithstanding any other provision of this Act, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued in respect of personal information after the filing of a complaint under this Act in relation to a request for access to that information,
Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Act in respect of a request for access to that information, the provisions of this Act respecting that individual’s right of access to his or her personal information do not apply to the information that is subject to the certificate.
the Privacy Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.
the Privacy Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and
all proceedings under this Act in respect of that information, including an investigation, audit, appeal or judicial review, are discontinued;
prescribe the form of, and what information is to be included in, reports made to Parliament under section 72.
cause to be prepared and distributed to government institutions directives and guidelines concerning the operation of this Act and the regulations; and
prescribe such forms as may be required for the operation of this Act and the regulations;
assign or cause to be assigned a registration number to each personal information bank;
cause to be kept under review the manner in which personal information banks are maintained and managed to ensure compliance with the provisions of this Act and the regulations relating to access by individuals to personal information contained therein;
The designated Minister may authorize the head of a government institution to exercise and perform, in such manner and subject to such terms and conditions as the designated Minister directs, any of the powers, functions and duties of the designated Minister under subsection (3) or (4).
Subsections (3) and (4) apply only in respect of personal information banks under the control of government institutions that are departments as defined in section 2 of the Financial Administration Act.
Subject to subsection (5), no new personal information bank shall be established and no existing personal information banks shall be substantially modified without approval of the designated Minister or otherwise than in accordance with any term or condition on which such approval is given.
Subject to subsection (5), the designated Minister shall cause to be kept under review the utilization of existing personal information banks and proposals for the creation of new banks, and shall make such recommendations as he considers appropriate to the heads of the appropriate government institutions with regard to personal information banks that, in the opinion of the designated Minister, are under-utilized or the existence of which can be terminated.
Anything that is required to be done by the designated Minister under paragraph (1)(a) or (d) shall be done in respect of the Bank of Canada by the Governor of the Bank of Canada.
Subject to subsection (2), the designated Minister shall
Every report prepared under subsection (1) shall, after it is laid before the Senate and the House of Commons, under subsection (2), be referred to the committee designated or established by Parliament for the purpose of subsection 75(1).
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 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.
The committee designated or established by Parliament for the purpose of subsection (1) shall, not later than July 1, 1986, undertake a comprehensive review of the provisions and operation of this Act, and shall, within a year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon including a statement of any changes the committee would recommend.
The administration of this Act shall be reviewed on a permanent basis by such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established by Parliament for that purpose.
prescribing special procedures for giving individuals access under subsection 12(1) to personal information relating to their physical or mental health and regulating the way in which that access is given.
authorizing the disclosure of information relating to the physical or mental health of individuals to duly qualified medical practitioners or psychologists in order to determine whether disclosure of the information would be contrary to the best interests of the individuals, and prescribing any procedures to be followed or restrictions deemed necessary with regard to the disclosure and examination of the information; and
prescribing the class of individuals who may act on behalf of minors, incompetents, deceased persons or any other individuals under this Act and regulating the manner in which any rights or actions of individuals under this Act may be exercised or performed on their behalf;
specifying classes of investigations for the purpose of paragraph 22(3)(c);
prescribing the procedures to be followed by the Privacy Commissioner and any person acting on behalf or under the direction of the Privacy Commissioner in examining or obtaining copies of records relevant to an investigation of a complaint in respect of a refusal to disclose personal information under paragraph 19(1)(a) or (b) or section 21;
prescribing any fees, or the manner of calculating any fees, to be paid for being given access to personal information requested under subsection 12(1) or for the making of copies of such personal information;
prescribing procedures to be followed by an individual or a government institution where the individual requests under subsection 12(2) a correction of personal information or a notation of a correction requested, including the period of time within which the correction or notation must be made;
prescribing procedures to be followed in making and responding to a request for access to personal information under paragraph 12(1)(a) or (b);
specifying persons or bodies for the purpose of paragraph 8(2)(h);
prescribing the period of time for which copies of requests received under paragraph 8(2)(e) and records of information disclosed pursuant to the requests are to be retained under subsection 8(4);
prescribing the circumstances in which and the conditions under which personal information may be disclosed under subsection 8(3);
specifying investigative bodies for the purposes of paragraph 8(2)(e) and sections 22 and 23;
prescribing the circumstances and the manner in which personal information under the control of a government institution is to be disposed of under subsection 6(3);
prescribing the period of time for which any class of personal information is to be retained under subsection 6(1);
specifying government institutions or parts of government institutions for the purpose of paragraph (e) of the definition personal information in section 3;
The Governor in Council may, by order, amend the schedule by adding thereto any department, ministry of state, body or office of the Government of Canada.
The Governor in Council may make regulations
Government Institutions
Provisions not in the current consolidation
119 provisions mirrored on this date are not in the current consolidation; they could not be placed in document order.
This Act may be cited as the Privacy Act.
The purpose of this Act is to extend the present 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.
In this Act,
No personal information shall be collected by a government institution unless it relates directly to an operating program or activity of the institution.
Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be used by the institution except
Where access to personal information is requested under subsection 12(1), the head of the government institution to which the request is made shall, subject to section 15, within thirty days after the request is received,
The head of a government institution may extend the time limit set out in section 14 in respect of a request for
The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) the disclosure of which could reasonably be expected to be injurious to the conduct by the Government of Canada of federal-provincial affairs.
The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) the disclosure of which could reasonably be expected to be injurious to the conduct of international affairs, the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act, or the efforts of Canada toward detecting, preventing or suppressing subversive or hostile activities, as defined in subsection 15(2) of the Access to Information Act, including, without restricting the generality of the foregoing, any such information listed in paragraphs 15(1)(a) to (i) of the Access to Information Act.
The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that was obtained or prepared by an investigative body specified in the regulations for the purpose of determining whether to grant security clearances
The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that was collected or obtained by the Correctional Service of Canada or the National Parole Board while the individual who made the request was under sentence for an offence against any Act of Parliament, if the disclosure could reasonably be expected to
The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) the disclosure of which could reasonably be expected to threaten the safety of individuals.
The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) about an individual other than the individual who made the request, and shall refuse to disclose such information where the disclosure is prohibited under section 8.
The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that is subject to solicitor-client privilege.
The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that relates to the physical or mental health of the individual who requested it where the examination of the information by the individual would be contrary to the best interests of the individual.
A complaint under this Act shall be made to the Privacy Commissioner in writing unless the Commissioner authorizes otherwise.
Before commencing an investigation of a complaint under this Act, the Privacy Commissioner shall notify the head of the government institution concerned of the intention to carry out the investigation and shall inform the head of the institution of the substance of the complaint.
Subject to this Act, the Privacy Commissioner may determine the procedure to be followed in the performance of any duty or function of the Commissioner under this Act.
The Privacy Commissioner shall, within three months after the termination of each financial year, submit an annual report to Parliament on the activities of the office during that financial year.
Any individual who has been refused access to personal information requested under subsection 12(1) may, if a complaint has been made to the Privacy Commissioner in respect of the refusal, apply to the Court for a review of the matter within forty-five days after the time the results of an investigation of the complaint by the Privacy Commissioner are reported to the complainant under subsection 35(2) or within such further time as the Court may, either before or after the expiration of those forty-five days, fix or allow.
The Privacy Commissioner may
In the circumstances described in subsection 36(5), the Privacy Commissioner may apply to the Court for a review of any file contained in a personal information bank designated as an exempt bank under section 18.
An application made under section 41, 42 or 43 shall be heard and determined in a summary way in accordance with any special rules made in respect of such applications pursuant to section 46 of the Federal Courts Act.
Notwithstanding any other Act of Parliament or any privilege under the law of evidence, the Court may, in the course of any proceedings before the Court arising from an application under section 41, 42 or 43, examine any information recorded in any form under the control of a government institution, other than a confidence of the Queen’s Privy Council for Canada to which subsection 70(1) applies, and no information that the Court may examine under this section may be withheld from the Court on any grounds.
In any proceedings before the Court arising from an application under section 41, 42 or 43, the burden of establishing that the head of a government institution is authorized to refuse to disclose personal information requested under subsection 12(1) or that a file should be included in a personal information bank designated as an exempt bank under section 18 shall be on the government institution concerned.
Where the head of a government institution refuses to disclose personal information requested under subsection 12(1) on the basis of a provision of this Act not referred to in section 49, the Court shall, if it determines that the head of the institution is not authorized under this Act to refuse to disclose the personal information, order the head of the institution to disclose the personal information, subject to such conditions as the Court deems appropriate, to the individual who requested access thereto, or shall make such other order as the Court deems appropriate.
Where the head of a government institution refuses to disclose personal information requested under subsection 12(1) on the basis of section 20 or 21 or paragraph 22(1)(b) or (c) or 24(a), the Court shall, if it determines that the head of the institution did not have reasonable grounds on which to refuse to disclose the personal information, order the head of the institution to disclose the personal information, subject to such conditions as the Court deems appropriate, to the individual who requested access thereto, or shall make such other order as the Court deems appropriate.
Where the Privacy Commissioner makes an application to the Court under section 43 for a review of a file contained in a personal information bank designated as an exempt bank under section 18, the Court shall, if it determines
The principal office of the Privacy Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act.
The Privacy Commissioner and every person acting on behalf or under the direction of the Commissioner who receives or obtains information relating to any investigation under this Act or any other Act of Parliament shall, with respect to access to and the use of that information, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of that information.
Subject to this Act, the Privacy Commissioner and every person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge in the performance of their duties and functions under this Act.
In carrying out an investigation under this Act, in notifying an individual of a disclosure under subsection 8(5) and in any report made to Parliament under section 38 or 39, the Privacy Commissioner and every person acting on behalf or under the direction of the Privacy Commissioner shall take every reasonable precaution to avoid the disclosure of, and shall not disclose,
The Privacy Commissioner or any person acting on behalf or under the direction of the Commissioner is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commissioner or that person as a result of performing any duties or functions under this Act during an investigation, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, a review before the Court under this Act or an appeal therefrom.
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.
Notwithstanding any other Act of Parliament, no civil or criminal proceedings lie against the head of any government institution, or against any person acting on behalf or under the direction of the head of a government institution, and no proceedings lie against the Crown or any government institution, for the disclosure in good faith of any personal information pursuant to this Act, for any consequences that flow from that disclosure, or for the failure to give any notice required under this Act if reasonable care is taken to give the required notice.
This Act is binding on Her Majesty in right of Canada.
Access
Access to Personal Information
Assistant Privacy Commissioner
Collection, Retention and Disposal of Personal Information
Complaints
Delegation
Designation
Exclusions
Exempt Banks
Exemptions
General
General
Interpretation
Investigations
Medical Records
Offences
Office of the Privacy Commissioner
Personal Information
Personal Information Banks
Personal Information Index
Privacy Commissioner
Protection of Personal Information
Purpose of Act
Reports to Parliament
Requests for Access
Responsibilities of Government
Review by the Federal Court
Review of Compliance with Sections 4 to 8
Review of Exempt Banks
Right of Access
Short Title
Solicitor-Client Privilege
Special Studies
Staff
Departments and Ministries of State Department of Agriculture and Agri-Food Ministère de l’Agriculture et de l’Agroalimentaire Department of Canadian Heritage Ministère du Patrimoine canadien Department of Citizenship and Immigration Ministère de la Citoyenneté et de l’Immigration Department of the Environment Ministère de l’Environnement Department of Finance Ministère des Finances Department of Fisheries and Oceans Ministère des Pêches et des Océans Department of Foreign Affairs and International Trade Ministère des Affaires étrangères et du Commerce international Department of Health Ministère de la Santé Department of Human Resources and Skills Development Ministère des Ressources humaines et du Développement des compétences Department of Indian Affairs and Northern Development Ministère des Affaires indiennes et du Nord canadien Department of Industry Ministère de l’Industrie Department of Justice Ministère de la Justice Department of National Defence (including the Canadian 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des traités de la Colombie-Britannique Canada Border Services Agency Agence des services frontaliers du Canada Canada Emission Reduction Incentives Agency Agence canadienne pour l’incitation à la réduction des émissions Canada Employment Insurance Commission Commission de l’assurance-emploi du Canada Canada Foundation for Innovation Fondation canadienne pour l’innovation Canada Foundation for Sustainable Development Technology Fondation du Canada pour l’appui technologique au développement durable Canada Industrial Relations Board Conseil canadien des relations industrielles Canada-Newfoundland Offshore Petroleum Board Office Canada — Terre-Neuve des hydrocarbures extracôtiers Canada-Nova Scotia Offshore Petroleum Board Office Canada — Nouvelle-Écosse des hydrocarbures extracôtiers Canada Revenue Agency Agence du revenu du Canada Canada School of Public Service École de la fonction publique du Canada Canadian Advisory Council on the Status of Women Conseil consultatif canadien de la situation de la femme Canadian Artists and Producers Professional Relations Tribunal Tribunal canadien des relations professionnelles artistes-producteurs Canadian Centre for Occupational Health and Safety Centre canadien d’hygiène et de sécurité au travail Canadian Cultural Property Export Review Board Commission canadienne d’examen des exportations de biens culturels Canadian Environmental Assessment Agency Agence canadienne d’évaluation environnementale Canadian Food Inspection Agency Agence canadienne d’inspection des aliments Canadian Forces Grievance Board Comité des griefs des Forces canadiennes Canadian Government Specifications Board Office des normes du gouvernement canadien Canadian Grain Commission Commission canadienne des grains Canadian Human Rights Commission Commission canadienne des droits de la personne Canadian Human Rights Tribunal Tribunal canadien des droits de la personne Canadian Institutes of Health Research Instituts de recherche en santé du Canada Canadian International Development Agency Agence canadienne de développement international Canadian International Trade Tribunal Tribunal canadien du commerce extérieur Canadian Museum for Human Rights Musée canadien des droits de la personne Canadian Museum of Immigration at Pier 21 Musée canadien de l’immigration du Quai 21 Canadian Northern Economic Development Agency Agence canadienne de développement économique du Nord Canadian Nuclear Safety Commission Commission canadienne de sûreté nucléaire Canadian Polar Commission Commission canadienne des affaires polaires Canadian Radio-television and Telecommunications Commission Conseil de la radiodiffusion et des télécommunications canadiennes Canadian Security Intelligence Service Service canadien du renseignement de sécurité Canadian Space Agency Agence spatiale canadienne Canadian Transportation Accident Investigation and Safety Board Bureau canadien d’enquête sur les accidents de transport et de la sécurité des transports Canadian Transportation Agency Office des transports du Canada Canadian Wheat Board Commission canadienne du blé Communications Security Establishment Centre de la sécurité des télécommunications Copyright Board Commission du droit d’auteur Corporation for the Mitigation of Mackenzie Gas Project Impacts Société d’atténuation des répercussions du projet gazier Mackenzie Correctional Service of Canada Service correctionnel du Canada Director of Soldier Settlement Directeur de l’établissement de soldats The Director, The Veterans’ Land Act Directeur des terres destinées aux anciens combattants Economic Development Agency of Canada for the Regions of Quebec Agence de développement économique du Canada pour les régions du Québec Energy Supplies Allocation Board Office de répartition des approvisionnements d’énergie Federal Economic Development Agency for Southern Ontario Agence fédérale de développement économique pour le Sud de l’Ontario Federal-Provincial Relations Office Secrétariat des relations fédérales-provinciales Federal Public Service Health Care Plan Administration Authority Administration du Régime de soins de santé de la fonction publiquefédérale Financial Consumer Agency of Canada Agence de la consommation en matière financière du Canada Financial Transactions and Reports Analysis Centre of Canada Centre d’analyse des opérations et déclarations financières du Canada First Nations Financial Management Board Conseil de gestion financière des premières nations First Nations Statistical Institute Institut de la statistique des premières nations First Nations Tax Commission Commission de la fiscalité des premières nations Fraser River Port Authority Administration portuaire du fleuve Fraser Grain Transportation Agency Administrator Administrateur de l’Office du transport du grain Gwich’in Land and Water Board Office gwich’in des terres et des eaux Gwich’in Land Use Planning Board Office gwich’in d’aménagement territorial Halifax Port Authority Administration portuaire de Halifax Hamilton Port Authority Administration portuaire de Hamilton Hazardous Materials Information Review Commission Conseil de contrôle des renseignements relatifs aux matières dangereuses Historic Sites and Monuments Board of Canada Commission des lieux et monuments historiques du Canada Immigration and Refugee Board Commission de l’immigration et du statut de réfugié Indian Residential Schools Truth and Reconciliation Commission Commission de vérité et de réconciliation relative aux pensionnats indiens Indian Residential Schools Truth and Reconciliation Commission Secretariat Secrétariat de la Commission de vérité et de réconciliation relative aux pensionnats indiens International Centre for Human Rights and Democratic Development Centre international des droits de la personne et du développement démocratique Law Commission of Canada Commission du droit du Canada Library and Archives of Canada Bibliothèque et Archives du Canada Mackenzie Valley Environmental Impact Review Board Office d’examen des répercussions environnementales de la vallée du Mackenzie Mackenzie Valley Land and Water Board Office des terres et des eaux de la vallée du Mackenzie Merchant Seamen Compensation Board Commission d’indemnisation des marins marchands Military Police Complaints Commission Commission d’examen des plaintes concernant la police militaire Montreal Port Authority Administration portuaire de Montréal Nanaimo Port Authority Administration portuaire de Nanaïmo The National Battlefields Commission Commission des champs de bataille nationaux National Energy Board Office national de l’énergie National Farm Products Council Conseil national des produits agricoles National Film Board Office national du film National Parole Board Commission nationale des libérations conditionnelles National Research Council of Canada Conseil national de recherches du Canada National Round Table on the Environment and the Economy Table ronde nationale sur l’environnement et l’économie Natural Sciences and Engineering Research Council Conseil de recherches en sciences naturelles et en génie Northern Pipeline Agency Administration du pipe-line du Nord North Fraser Port Authority Administration portuaire du North-Fraser Northwest Territories Water Board Office des eaux des Territoires du Nord-Ouest Nunavut Surface Rights Tribunal Tribunal des droits de surface du Nunavut Nunavut Water Board Office des eaux du Nunavut Office of Infrastructure of Canada Bureau de l’infrastructure du Canada Office of Privatization and Regulatory Affairs Bureau de privatisation et des affaires réglementaires Office of the Administrator of the Ship-source Oil Pollution Fund Bureau de l’administrateur de la Caisse d’indemnisation des dommages dus à la pollution par les hydrocarbures causée par les navires Office of the Auditor General of Canada Bureau du vérificateur général du Canada Office of the Chief Electoral Officer Bureau du directeur général des élections Office of the Commissioner of Lobbying Commissariat au lobbying Office of the Commissioner of Official Languages Commissariat aux langues officielles Office of the Comptroller General Bureau du contrôleur général Office of the Co-ordinator, Status of Women Bureau de la coordonnatrice de la situation de la femme Office of the Correctional Investigator of Canada Bureau de l’enquêteur correctionnel du Canada Office of the Director of Public Prosecutions Bureau du directeur des poursuites pénales Office of the Information Commissioner Commissariat à l’information Office of the Inspector General of the Canadian Security Intelligence Service Bureau de l’Inspecteur général du service canadien du renseignement de sécurité Office of the Privacy Commissioner Commissariat à la protection de la vie privée Office of the Public Sector Integrity Commissioner Commissariat à l’intégrité du secteur public Office of the Superintendent of Financial Institutions Bureau du surintendant des institutions financières Parks Canada Agency Agence Parcs Canada Patented Medicine Prices Review Board Conseil d’examen du prix des médicaments brevetés Pension Appeals Board Commission d’appel des pensions Petroleum Compensation Board Office des indemnisations pétrolières The Pierre Elliott Trudeau Foundation La Fondation Pierre-Elliott-Trudeau Port Alberni Port Authority Administration portuaire de Port-Alberni Prairie Farm Rehabilitation Administration Administration du rétablissement agricole des Prairies Prince Rupert Port Authority Administration portuaire de Prince-Rupert Privy Council Office Bureau du Conseil privé Public Appointments Commission Secretariat Secrétariat de la Commission des nominations publiques Public Health Agency of Canada Agence de la santé publique du Canada Public Service Commission Commission de la fonction publique Public Service Labour Relations Board Commission des relations de travail dans la fonction publique Public Service Staffing Tribunal Tribunal de la dotation de la fonction publique Quebec Port Authority Administration portuaire de Québec Regional Development Incentives Board Conseil des subventions au développement régional Registry of the Public Servants Disclosure Protection Tribunal Greffe du Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensibles Royal Canadian Mounted Police Gendarmerie royale du Canada Royal Canadian Mounted Police External Review Committee Comité externe d’examen de la Gendarmerie royale du Canada Royal Canadian Mounted Police Public Complaints Commission Commission des plaintes du public contre la Gendarmerie royale du Canada Saguenay Port Authority Administration portuaire du Saguenay Sahtu Land and Water Board Office des terres et des eaux du Sahtu Sahtu Land Use Planning Board Office d’aménagement territorial du Sahtu Saint John Port Authority Administration portuaire de Saint-Jean Security Intelligence Review Committee Comité de surveillance des activités de renseignement de sécurité Sept-Îles Port Authority Administration portuaire de Sept-Îles Shared Services Canada Services partagés Canada Social Sciences and Humanities Research Council Conseil de recherches en sciences humaines Specific Claims Tribunal Tribunal des revendications particulières Statistics Canada Statistique Canada Statute Revision Commission Commission de révision des lois St. John’s Port Authority Administration portuaire de St. John’s Thunder Bay Port Authority Administration portuaire de Thunder Bay Toronto Port Authority Administration portuaire de Toronto Treasury Board Secretariat Secrétariat du Conseil du Trésor Trois-Rivières Port Authority Administration portuaire de Trois-Rivières Vancouver Port Authority Administration portuaire de Vancouver Veterans Review and Appeal Board Tribunal des anciens combattants (révision et appel) Windsor Port Authority Administration portuaire de Windsor Yukon Environmental and Socio-economic Assessment Board Office d’évaluation environnementale et socioéconomique du Yukon Yukon Surface Rights Board Office des droits de surface du Yukon
by giving notice of the extension and the length of the extension to the individual who made the request within thirty days after the request is received, which notice shall contain a statement that the individual has a right to make a complaint to the Privacy Commissioner about the extension.
and shall state in the notice that the individual who made the request has a right to make a complaint to the Privacy Commissioner about the refusal.
if the information came into existence less than twenty years prior to the request;
if disclosure of the information could reasonably be expected to reveal the identity of the individual who furnished the investigative body with the information.
order the head of the government institution that has control of the bank to remove the file from the bank or make such other order as the Court deems appropriate.
except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting those investigations.
and the Privacy Commissioner shall report thereon to the Minister of Justice from time to time.