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

Act current to 2016-08-01 and last amended on 2015-06-23. Previous Versions

Marginal note:Agreement complied with
  •  (1) If the Commissioner is of the opinion that a compliance agreement has been complied with, the Commissioner shall provide written notice to that effect to the organization and withdraw any applications that were made under subsection 14(1) or paragraph 15(a) in respect of any matter covered under the agreement.

  • Marginal note:Agreement not complied with

    (2) If the Commissioner is of the opinion that an organization is not complying with the terms of a compliance agreement, the Commissioner shall notify the organization and may apply to the Court for

    • (a) an order requiring the organization to comply with the terms of the agreement, in addition to any other remedies it may give; or

    • (b) a hearing under subsection 14(1) or paragraph 15(a) or to reinstate proceedings that have been suspended as a result of an application made under paragraph 17.1(3)(b).

  • Marginal note:Time for application

    (3) Despite subsection 14(2), the application shall be made within one year after notification is sent or within any longer period that the Court may, either before or after the expiry of that year, allow.

  • 2015, c. 32, s. 15.

DIVISION 3Audits

Marginal note:To ensure compliance
  •  (1) The Commissioner may, on reasonable notice and at any reasonable time, audit the personal information management practices of an organization if the Commissioner has reasonable grounds to believe that the organization has contravened a provision of Division 1 or 1.1 or is not following a recommendation set out in Schedule 1, and for that purpose may

    • (a) summon and enforce the appearance of persons before the Commissioner and compel them to give oral or written evidence on oath and to produce any records and things that the Commissioner considers necessary for the audit, in the same manner and to the same extent as a superior court of record;

    • (b) administer oaths;

    • (c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Commissioner sees fit, whether or not it is or would be admissible in a court of law;

    • (d) at any reasonable time, enter any premises, other than a dwelling-house, occupied by the organization on satisfying any security requirements of the organization relating to the premises;

    • (e) converse in private with any person in any premises entered under paragraph (d) and otherwise carry out in those premises any inquiries that the Commissioner sees fit; and

    • (f) examine or obtain copies of or extracts from records found in any premises entered under paragraph (d) that contain any matter relevant to the audit.

  • Marginal note:Delegation

    (2) The Commissioner may delegate any of the powers set out in subsection (1).

  • Marginal note:Return of records

    (3) The Commissioner or the delegate shall return to a person or an organization any record or thing they produced under this section within ten days after they make a request to the Commissioner or the delegate, but nothing precludes the Commissioner or the delegate from again requiring that the record or thing be produced.

  • Marginal note:Certificate of delegation

    (4) Any person to whom powers set out in subsection (1) are delegated shall be given a certificate of the delegation and the delegate shall produce the certificate, on request, to the person in charge of any premises to be entered under paragraph (1)(d).

  • 2000, c. 5, s. 18;
  • 2015, c. 32, s. 16.
Marginal note:Report of findings and recommendations
  •  (1) After an audit, the Commissioner shall provide the audited organization with a report that contains the findings of the audit and any recommendations that the Commissioner considers appropriate.

  • Marginal note:Reports may be included in annual reports

    (2) The report may be included in a report made under section 25.

DIVISION 4General

Marginal note:Confidentiality
  •  (1) Subject to subsections (2) to (6), 12(3), 12.2(3), 13(3), 19(1), 23(3) and 23.1(1) and section 25, the Commissioner or any person acting on behalf or under the direction of the Commissioner shall not disclose any information 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.

  • Marginal note:Public interest

    (2) The Commissioner may, if the Commissioner considers that it is in the public interest to do so, make public any information that comes to his or her knowledge in the performance or exercise of any of his or her duties or powers under this Part.

  • Marginal note:Disclosure of necessary information

    (3) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information that in the Commissioner’s opinion is necessary to

    • (a) conduct an investigation or audit under this Part; or

    • (b) establish the grounds for findings and recommendations contained in any report under this Part.

  • Marginal note:Disclosure in the course of proceedings

    (4) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information in the course of

    • (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;

    • (d) an appeal from a decision of the Court; or

    • (e) a judicial review in relation to the performance or exercise of any of the Commissioner’s duties or powers under this Part.

  • Marginal note:Disclosure of offence authorized

    (5) The Commissioner may disclose to the Attorney General of Canada or of a province, as the case may be, information relating to the commission of an offence against any law of Canada or a province on the part of an officer or employee of an organization if, in the Commissioner’s opinion, there is evidence of an offence.

  • Marginal note:Disclosure

    (6) The Commissioner may disclose information, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information, in the course of proceedings in which the Commissioner has intervened under paragraph 50(c) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act or in accordance with subsection 58(3) or 60(1) of that Act.

  • 2000, c. 5, s. 20;
  • 2010, c. 23, s. 86;
  • 2015, c. 32, s. 17.
Marginal note:Not competent witness

 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
  •  (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.

  • Marginal note:Defamation

    (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.
 
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