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  1. Personal Information Protection and Electronic Documents Act - S.C. 2000, c. 5 (Section 31)
    Marginal note:Definitions
    •  (1) The definitions in this subsection apply in this Part.

      responsible authority

      responsible authority , in respect of a provision of a federal law, means

      • (a) if the federal law is an Act of Parliament, the minister responsible for that provision;

      • [...]

      • (c) despite paragraph (a) or (b), the person or body designated by the Governor in Council under subsection (2). (autorité responsable)

    • Marginal note:Designation

      (2) The Governor in Council may, by order, for the purposes of this Part, designate any person, including any member of the Queen’s Privy Council for Canada, or body to be the responsible authority in respect of a provision of a federal law if the Governor in Council is of the opinion that it is appropriate to do so in the circumstances.


  2. Personal Information Protection and Electronic Documents Act - S.C. 2000, c. 5 (SCHEDULE 1 : Principles Set Out in the National Standard of Canada Entitled Model Code for the Protection of Personal Information, CAN/CSA-Q830-96)

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    An organization is responsible for personal information under its control and shall designate an individual or individuals who are accountable for the organization’s compliance with the following principles.

    4.1.1

    Accountability for the organization’s compliance with the principles rests with the designated individual(s), even though other individuals within the organization may be responsible for the day-to-day collection and processing of personal information. In addition, other individuals within the organization may be delegated to act on behalf of the designated individual(s).

    [...]

    4.1.3

    An organization is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. The organization shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.

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    Note: In certain circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, legal, medical, or security reasons may make it impossible or impractical to seek consent. When information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose of collecting the information. Seeking consent may be impossible or inappropriate when the individual is a minor, seriously ill, or mentally incapacitated. In addition, organizations that do not have a direct relationship with the individual may not always be able to seek consent. For example, seeking consent may be impractical for a charity or a direct-marketing firm that wishes to acquire a mailing list from another organization. In such cases, the organization providing the list would be expected to obtain consent before disclosing personal information.

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    Note: In certain situations, an organization may not be able to provide access to all the personal information it holds about an individual. Exceptions to the access requirement should be limited and specific. The reasons for denying access should be provided to the individual upon request. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security, or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.

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  3. Personal Information Protection and Electronic Documents Act - S.C. 2000, c. 5 (Section 35)
    Marginal note:Electronic version of statutory form
    •  (1) If a provision of an Act of Parliament establishes a form, the responsible authority in respect of that provision may make regulations respecting an electronic form that is substantially the same as the form established in the provision, and the electronic form may be used for the same purposes as the form established in the provision.

    • Marginal note:Statutory manner of filing documents

      (2) If a non-electronic manner of filing a document is set out in a provision of an Act of Parliament, the responsible authority in respect of that provision may make regulations respecting the filing of an electronic version of the document, and an electronic version of the document filed in accordance with those regulations is to be considered as a document filed in accordance with the provision.

    • Marginal note:Statutory manner of submitting information

      (3) If a non-electronic manner of submitting information is set out in a provision of an Act of Parliament, the responsible authority in respect of that provision may make regulations respecting the manner of submitting the information using electronic means, and information submitted in accordance with those regulations is to be considered as information submitted in accordance with the provision.


  4. Statutory Instruments Act - R.S.C., 1985, c. S-22 (Section 19.1)
    Marginal note:Resolution to revoke a regulation
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    • Marginal note:Notice

      (2) No report may be made unless the authority authorized to make the regulation has been notified, at least 30 days before the committee adopts the report, that the committee intends to consider the report. If the regulation is authorized to be made by the Governor in Council, the notice must be given to the Minister responsible for the provision under which the regulation may be made.

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  5. Statutory Instruments Act - R.S.C., 1985, c. S-22 (Section 4)
    Marginal note:Doubt as to nature of proposed statutory instrument

     Where any regulation-making authority or other authority responsible for the issue, making or establishment of a statutory instrument, or any person acting on behalf of such an authority, is uncertain as to whether a proposed statutory instrument would be a regulation if it were issued, made or established by that authority, it or he shall cause a copy of the proposed statutory instrument to be forwarded to the Deputy Minister of Justice who shall determine whether or not the instrument would be a regulation if it were so issued, made or established.

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