An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (S.C. 2010, c. 23)
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Assented to 2010-12-15
84. Subsection 13(2) of the Act is repealed.
85. Subsections 14(1) and (2) of the Act are replaced by the following:
Marginal note:Application
14. (1) A complainant may, after receiving the Commissioner’s report or being notified under subsection 12.2(3) that the investigation of the complaint has been discontinued, apply to the Court for a hearing in respect of any matter in respect of which the complaint was made, or that is referred to in the Commissioner’s report, and that is referred to in clause 4.1.3, 4.2, 4.3.3, 4.4, 4.6, 4.7 or 4.8 of Schedule 1, in clause 4.3, 4.5 or 4.9 of that Schedule as modified or clarified by Division 1, in subsection 5(3) or 8(6) or (7) or in section 10.
Marginal note:Time of application
(2) A complainant must make an application within 45 days after the report or notification is sent or within any further time that the Court may, either before or after the expiry of those 45 days, allow.
86. (1) Subsection 20(1) of the Act is replaced by the following:
Marginal note:Confidentiality
20. (1) Subject to subsections (2) to (6), 12(3), 12.2(3), 13(3), 19(1), 23(3) and 23.1(1) and section 25, the Commissioner or any person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge as a result of the performance or exercise of any of the Commissioner’s duties or powers under this Part.
(2) Section 20 of the Act is amended by adding the following after subsection (5):
Marginal note:Disclosure
(6) The Commissioner may disclose information, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information, in the course of proceedings in which the Commissioner has intervened under paragraph 50(c) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act or in accordance with subsection 58(3) or 60(1) of that Act.
87. Section 23 of the Act is replaced by the following:
Marginal note:Consultations with provinces
23. (1) If the Commissioner considers it appropriate to do so, or on the request of an interested person, the Commissioner may, in order to ensure that personal information is protected in as consistent a manner as possible, consult with any person who, under provincial legislation, has functions and duties similar to those of the Commissioner with respect to the protection of such information.
Marginal note:Agreements or arrangements with provinces
(2) The Commissioner may enter into agreements or arrangements with any person referred to in subsection (1) in order to
(a) coordinate the activities of their offices and the office of the Commissioner, including to provide for mechanisms for the handling of any complaint in which they are mutually interested;
(b) undertake and publish research or develop and publish guidelines or other instruments related to the protection of personal information;
(c) develop model contracts or other instruments for the protection of personal information that is collected, used or disclosed interprovincially or internationally; and
(d) develop procedures for sharing information referred to in subsection (3).
Marginal note:Sharing of information with provinces
(3) The Commissioner may, in accordance with any procedure established under paragraph (2)(d), share information with any person referred to in subsection (1), if the information
(a) could be relevant to an ongoing or potential investigation of a complaint or audit under this Part or provincial legislation that has objectives that are similar to this Part; or
(b) could assist the Commissioner or that person in the exercise of their functions and duties with respect to the protection of personal information.
Marginal note:Purpose and confidentiality
(4) The procedures referred to in paragraph (2)(d) shall
(a) restrict the use of the information to the purpose for which it was originally shared; and
(b) stipulate that the information be treated in a confidential manner and not be further disclosed without the express consent of the Commissioner.
Marginal note:Disclosure of information to foreign state
23.1 (1) Subject to subsection (3), the Commissioner may, in accordance with any procedure established under paragraph (4)(b), disclose information referred to in subsection (2) that has come to the Commissioner’s knowledge as a result of the performance or exercise of any of the Commissioner’s duties or powers under this Part to any person or body who, under the legislation of a foreign state, has
(a) functions and duties similar to those of the Commissioner with respect to the protection of personal information; or
(b) responsibilities that relate to conduct that is substantially similar to conduct that would be in contravention of this Part.
Marginal note:Information that can be shared
(2) The information that the Commissioner is authorized to disclose under subsection (1) is information that the Commissioner believes
(a) would be relevant to an ongoing or potential investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct that would be in contravention of this Part; or
(b) is necessary to disclose in order to obtain from the person or body information that may be useful to an ongoing or potential investigation or audit under this Part.
Marginal note:Written arrangements
(3) The Commissioner may only disclose information to the person or body referred to in subsection (1) if the Commissioner has entered into a written arrangement with that person or body that
(a) limits the information to be disclosed to that which is necessary for the purpose set out in paragraph (2)(a) or (b);
(b) restricts the use of the information to the purpose for which it was originally shared; and
(c) stipulates that the information be treated in a confidential manner and not be further disclosed without the express consent of the Commissioner.
Marginal note:Arrangements
(4) The Commissioner may enter into arrangements with one or more persons or bodies referred to in subsection (1) in order to
(a) provide for cooperation with respect to the enforcement of laws protecting personal information, including the sharing of information referred to in subsection (2) and the provision of mechanisms for the handling of any complaint in which they are mutually interested;
(b) establish procedures for sharing information referred to in subsection (2);
(c) develop recommendations, resolutions, rules, standards or other instruments with respect to the protection of personal information;
(d) undertake and publish research related to the protection of personal information;
(e) share knowledge and expertise by different means, including through staff exchanges; or
(f) identify issues of mutual interest and determine priorities pertaining to the protection of personal information.
1993, c. 38AMENDMENTS TO THE TELECOMMUNICATIONS ACT
88. (1) Subsection 39(2) of the Telecommunications Act is replaced by the following:
Marginal note:Information not to be disclosed
(2) Subject to subsections (4), (5), (5.1) and (6), where a person designates information as confidential and the designation is not withdrawn by that person, no person described in subsection (3) shall knowingly disclose the information, or knowingly allow it to be disclosed, to any other person in any manner that is calculated or likely to make it available for the use of any person who may benefit from the information or use the information to the detriment of any person to whose business or affairs the information relates.
(2) Section 39 of the Act is amended by adding the following after subsection (5):
Marginal note:Disclosure
(5.1) The Commission may disclose designated information obtained by it in the performance or exercise of its duties or powers related to section 41, in respect of conduct carried out by electronic means, in accordance with subsection 58(1) or 60(1) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.
89. (1) Section 41 of the Act is renumbered as subsection 41(1) and is amended by adding the following:
Marginal note:Exception
(2) Despite subsection (1), the Commission may not prohibit or regulate the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications, if the telecommunication is
(a) a commercial electronic message to which section 6 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act applies; or
(b) a commercial electronic message referred to in subsection 6(5) of that Act, except to the extent that it is one referred to in subsection 6(8) of that Act.
(2) Subsection 41(2) of the Act, as enacted by subsection (1), is replaced by the following:
Marginal note:Exception
(2) Despite subsection (1), the Commission may not prohibit — or, except to the extent provided by subsection (3), regulate — the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications, if the telecommunication is a commercial electronic message to which An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act applies or a commercial electronic message referred to in subsection 6(5) of that Act.
Marginal note:Regulation
(3) For the purposes of subsection (2), the Commission may regulate, with respect to the types of telecommunications described in subsection (4),
(a) the hours during which the telecommunications facilities of a Canadian carrier may be used by any person;
(b) the contact information to be provided by a person referred to in subsection (2) and the circumstances in which and persons to whom it must be provided;
(c) telecommunications made to medical or emergency services; and
(d) telecommunications where a live operator is not immediately available when the recipient of the telecommunication connects to it.
Marginal note:Types of telecommunications
(4) For the purposes of subsection (3), the types of telecommunications are those that are
(a) in whole or in part, interactive two-way voice communications between individuals;
(b) sent by means of a facsimile to a telephone account; or
(c) voice recordings sent to a telephone account.
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