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

Act current to 2014-09-15 and last amended on 2014-07-01. Previous Versions

Marginal note:Prohibition
  •  (1) No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that

    • (a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the Commissioner that the employer or any other person has contravened or intends to contravene a provision of Division 1;

    • (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of Division 1;

    • (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of Division 1 not be contravened; or

    • (d) the employer believes that the employee will do anything referred to in paragraph (a), (b) or (c).

  • Marginal note:Saving

    (2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.

  • Marginal note:Definitions

    (3) In this section, “employee” includes an independent contractor and “employer” has a corresponding meaning.

Marginal note:Offence and punishment

 Every person who knowingly contravenes subsection 8(8) or 27.1(1) or who obstructs the Commissioner or the Commissioner’s delegate in the investigation of a complaint or in conducting an audit is guilty of

  • (a) an offence punishable on summary conviction and liable to a fine not exceeding $10,000; or

  • (b) an indictable offence and liable to a fine not exceeding $100,000.

Marginal note:Review of Part by parliamentary committee
  • Footnote * (1) The administration of this Part shall, every five years after this Part comes into force, be reviewed by the committee of the House of Commons, or of both Houses of Parliament, that may be designated or established by Parliament for that purpose.

  • Marginal note:Review and report

    (2) The committee shall undertake a review of the provisions and operation of this Part and shall, within a year after the review is undertaken or within any further period that the House of Commons may authorize, submit a report to Parliament that includes a statement of any changes to this Part or its administration that the committee recommends.

Division 5Transitional Provisions

Marginal note:Application
  •  (1) This Part does not apply to any organization in respect of personal information that it collects, uses or discloses within a province whose legislature has the power to regulate the collection, use or disclosure of the information, unless the organization does it in connection with the operation of a federal work, undertaking or business or the organization discloses the information outside the province for consideration.

  • Marginal note:Application

    (1.1) This Part does not apply to any organization in respect of personal health information that it collects, uses or discloses.

  • Marginal note:Expiry date

    Footnote *(2) Subsection (1) ceases to have effect three years after the day on which this section comes into force.

  • Marginal note:Expiry date

    Footnote *(2.1) Subsection (1.1) ceases to have effect one year after the day on which this section comes into force.