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

Act current to 2017-10-13 and last amended on 2015-06-23. Previous Versions

Marginal note:Consultations with provinces
  •  (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.

  • 2000, c. 5, s. 23;
  • 2010, c. 23, s. 87.
Marginal note:Disclosure of information to foreign state
  •  (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.

  • 2010, c. 23, s. 87.
Marginal note:Promoting the purposes of the Part

 The Commissioner shall

  • (a) develop and conduct information programs to foster public understanding, and recognition of the purposes, of this Part;

  • (b) undertake and publish research that is related to the protection of personal information, including any such research that is requested by the Minister of Industry;

  • (c) encourage organizations to develop detailed policies and practices, including organizational codes of practice, to comply with sections 5 to 10; and

  • (d) promote, by any means that the Commissioner considers appropriate, the purposes of this Part.

Marginal note:Annual report
  •  (1) The Commissioner shall, within three months after the end of each financial year, submit to Parliament a report concerning the application of this Part, the extent to which the provinces have enacted legislation that is substantially similar to this Part and the application of any such legislation.

  • Marginal note:Consultation

    (2) Before preparing the report, the Commissioner shall consult with those persons in the provinces who, in the Commissioner’s opinion, are in a position to assist the Commissioner in making a report respecting personal information that is collected, used or disclosed interprovincially or internationally.

  • 2000, c. 5, s. 25;
  • 2015, c. 32, s. 20.
Marginal note:Regulations
  •  (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations

    • (a) specifying, by name or by class, what is a government institution or part of a government institution for the purposes of any provision of this Part;

    • (a.01) [Repealed, 2015, c. 32, s. 21]

    • (a.1) specifying information or classes of information for the purpose of paragraph 7(1)(d), (2)(c.1) or (3)(h.1);

    • (b) specifying information to be kept and maintained under subsection 10.3(1); and

    • (c) prescribing anything that by this Part is to be prescribed.

  • Marginal note:Orders

    (2) The Governor in Council may, by order,

    • (a) provide that this Part is binding on any agent of Her Majesty in right of Canada to which the Privacy Act does not apply;

    • (b) if satisfied that legislation of a province that is substantially similar to this Part applies to an organization, a class of organizations, an activity or a class of activities, exempt the organization, activity or class from the application of this Part in respect of the collection, use or disclosure of personal information that occurs within that province; and

    • (c) amend Schedule 4.

  • 2000, c. 5, s. 26;
  • 2015, c. 32, s. 21, c. 36, s. 165.
 
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