Marginal note:Not competent witness
21. The Commissioner or person acting on behalf or under the direction of the Commissioner is not a competent witness in respect of any matter that comes to their knowledge as a result of the performance or exercise of any of the Commissioner’s duties or powers under this Part in any proceeding other than
(a) a prosecution for an offence under section 28;
(b) a prosecution for an offence under section 132 of the Criminal Code (perjury) in respect of a statement made under this Part;
(c) a hearing before the Court under this Part; or
(d) an appeal from a decision of the Court.
Marginal note:Protection of Commissioner
22. (1) No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith as a result of the performance or exercise or purported performance or exercise of any duty or power of the Commissioner under this Part.
(2) No action lies in defamation with respect to
(a) anything said, any information supplied or any record or thing produced in good faith in the course of an investigation or audit carried out by or on behalf of the Commissioner under this Part; and
(b) any report made in good faith by the Commissioner under this Part and any fair and accurate account of the report made in good faith for the purpose of news reporting.
- 2000, c. 5, s. 22;
- 2015, c. 32, s. 18.
Marginal note:Consultations with provinces
23. (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.
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