Privacy Act (R.S.C., 1985, c. P-21)

Act current to 2014-10-27 and last amended on 2014-07-01. Previous Versions

Marginal note:Canadian Broadcasting Corporation

 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.

  • 2006, c. 9, s. 188.
Marginal note:Confidences of the Queen’s Privy Council for Canada
  •  (1) 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

    • (a) memoranda the purpose of which is to present proposals or recommendations to Council;

    • (b) 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;

    • (c) agenda of Council or records recording deliberations or decisions of Council;

    • (d) 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;

    • (e) 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

    • (f) draft legislation.

  • Definition of “Council”

    (2) 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.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to

    • (a) confidences of the Queen’s Privy Council for Canada that have been in existence for more than twenty years; or

    • (b) discussion papers described in paragraph (1)(b)

      • (i) if the decisions to which the discussion papers relate have been made public, or

      • (ii) where the decisions have not been made public, if four years have passed since the decisions were made.

  • R.S., 1985, c. P-21, s. 70;
  • 1992, c. 1, s. 144(F).
Marginal note:Certificate under Canada Evidence Act
  •  (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.