Privacy Act

Marginal note:Certificate under Canada Evidence Act

• 70.1 (1) If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Act in respect of a request for access to that information, the provisions of this Act respecting that individual’s right of access to their personal information do not apply to the information that is subject to the certificate.

• Marginal note:Certificate following filing of complaint

  (2) Despite any other provision of this Act, if a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued in respect of personal information after the filing of a complaint under this Act in relation to a request for access to that information,

  • (a) all proceedings under this Act in respect of that information, including an investigation, audit, appeal or judicial review, are discontinued;

  • (b) the Privacy Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and

  • (c) the Privacy Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.

• Marginal note:Information not to be disclosed

  (3) The Privacy Commissioner and every person acting on behalf or under the direction of the Privacy Commissioner, in carrying out their functions under this Act, shall not disclose information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act and shall take every reasonable precaution to avoid the disclosure of that information.

• Marginal note:Limited power of delegation

  (4) The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate the investigation of any complaint respecting information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation.