Marginal note:Certificate under Canada Evidence Act
70.1 (1) 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.
Marginal note:Certificate following filing of complaint
(2) 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,
(a) all proceedings under this Act in respect of that information, including an investigation, audit, appeal or judicial review, are discontinued;
(b) the Privacy Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and
(c) 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.
Marginal note:Information not to be disclosed
(3) 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.
Marginal note:Limited power of delegation
(4) 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.
- 2001, c. 41, s. 104.
Marginal note:Duties and functions of designated Minister
(a) 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;
(b) assign or cause to be assigned a registration number to each personal information bank;
(c) prescribe such forms as may be required for the operation of this Act and the regulations;
(d) cause to be prepared and distributed to government institutions directives and guidelines concerning the operation of this Act and the regulations; and
(e) prescribe the form of, and what information is to be included in, reports made to Parliament under section 72.
Marginal note:Exception for Bank of Canada
(2) 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.
Marginal note:Review of existing and proposed personal information banks
(3) 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.
Marginal note:Establishment and modification of personal information banks
(4) 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.
Marginal note:Application of subsections (3) and (4)
(5) 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.
Marginal note:Delegation to head of government institution
(6) 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).
- 1980-81-82-83, c. 111, Sch. II “71”.
Marginal note:Report to Parliament
Marginal note:Tabling of report
(2) 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.
Marginal note:Reference to Parliamentary committee
(3) 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).
- 1980-81-82-83, c. 111, Sch. II “72”.
- Date modified: