Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5)

Act current to 2014-06-12 and last amended on 2011-04-01. Previous Versions

Personal Information Protection and Electronic Documents Act

S.C. 2000, c. 5

Assented to 2000-04-13

An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Personal Information Protection and Electronic Documents Act.

PART 1PROTECTION OF PERSONAL INFORMATION IN THE PRIVATE SECTOR

Interpretation

Marginal note:Definitions
  •  (1) The definitions in this subsection apply in this Part.

    “alternative format”

    « support de substitution »

    “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.

    “commercial activity”

    « activité commerciale »

    “commercial activity” means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists.

    “Commissioner”

    « commissaire »

    “Commissioner” means the Privacy Commissioner appointed under section 53 of the Privacy Act.

    “Court”

    « Cour »

    “Court” means the Federal Court.

    “federal work, undertaking or business”

    « entreprises fédérales »

    “federal work, undertaking or business” means any work, undertaking or business that is within the legislative authority of Parliament. It includes

    • (a) a work, undertaking or business that is operated or carried on for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship anywhere in Canada;

    • (b) a railway, canal, telegraph or other work or undertaking that connects a province with another province, or that extends beyond the limits of a province;

    • (c) a line of ships that connects a province with another province, or that extends beyond the limits of a province;

    • (d) a ferry between a province and another province or between a province and a country other than Canada;

    • (e) aerodromes, aircraft or a line of air transportation;

    • (f) a radio broadcasting station;

    • (g) a bank;

    • (h) a work that, although wholly situated within a province, is before or after its execution declared by Parliament to be for the general advantage of Canada or for the advantage of two or more provinces;

    • (i) a work, undertaking or business outside the exclusive legislative authority of the legislatures of the provinces; and

    • (j) a work, undertaking or business to which federal laws, within the meaning of section 2 of the Oceans Act, apply under section 20 of that Act and any regulations made under paragraph 26(1)(k) of that Act.

    “organization”

    « organisation »

    “organization” includes an association, a partnership, a person and a trade union.

    “personal health information”

    « renseignement personnel sur la santé »

    “personal health information”, with respect to an individual, whether living or deceased, means

    • (a) information concerning the physical or mental health of the individual;

    • (b) information concerning any health service provided to the individual;

    • (c) information concerning the donation by the individual of any body part or any bodily substance of the individual or information derived from the testing or examination of a body part or bodily substance of the individual;

    • (d) information that is collected in the course of providing health services to the individual; or

    • (e) information that is collected incidentally to the provision of health services to the individual.

    “personal information”

    « renseignement personnel »

    “personal information” means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization.

    “record”

    « document »

    “record” includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine-readable record and any other documentary material, regardless of physical form or characteristics, and any copy of any of those things.

  • Marginal note:Notes in Schedule 1

    (2) In this Part, a reference to clause 4.3 or 4.9 of Schedule 1 does not include a reference to the note that accompanies that clause.

  • 2000, c. 5, s. 2;
  • 2002, c. 8, s. 183.