Privacy Act (R.S.C., 1985, c. P-21)

Marginal note:Staff of the Privacy Commissioner

• 58. (1) Such officers and employees as are necessary to enable the Privacy Commissioner to perform the duties and functions of the Commissioner under this Act or any other Act of Parliament shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Technical assistance

  (2) The Privacy Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner under this Act or any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of such persons.

Marginal note:Delegation by Privacy Commissioner

• 59. (1) Subject to subsection (2), the Privacy Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Act except

  • (a) in any case other than a delegation to an Assistant Privacy Commissioner, the power to delegate under this section; and

  • (b) in any case, the powers, duties or functions set out in sections 38 and 39.

• Marginal note:Delegations of investigations relating to international affairs and defence

  (2) The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate

  • (a) the investigation of any complaint resulting from a refusal by the head of a government institution to disclose personal information by reason of paragraph 19(1)(a) or (b) or section 21, or

  • (b) the investigation under section 36 of files contained in a personal information bank designated under section 18 as an exempt bank on the basis of personal information described in section 21

  except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting those investigations.

• Marginal note:Delegation by Assistant Privacy Commissioner

  (3) An Assistant Privacy Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Assistant Privacy Commissioner may specify, any of the powers, duties or functions of the Privacy Commissioner under this Act that the Assistant Privacy Commissioner is authorized by the Privacy Commissioner to exercise or perform.

Marginal note:Special studies

• 60. (1) The Privacy Commissioner shall carry out or cause to be carried out such studies as may be referred to the Commissioner by the Minister of Justice

  • (a) relating to the privacy of individuals,

  • (b) concerning the extension of the rights to which individuals are entitled under this Act in respect of personal information about themselves, and

  • (c) relating to the collection, retention, disposal, use or disclosure of personal information by persons or bodies, other than government institutions, that come within the legislative authority of Parliament,

  and the Privacy Commissioner shall report thereon to the Minister of Justice from time to time.

• Marginal note:Reports to be tabled

  (2) The Minister of Justice shall cause each report by the Privacy Commissioner under subsection (1) to be laid before Parliament on any of the first fifteen days after receipt thereof that either House of Parliament is sitting.