Digital Privacy Act (S.C. 2015, c. 32)
Full Document:
Assented to 2015-06-18
Marginal note:2010, c. 23, s. 85
13. Subsections 14(1) and (2) of the Act are replaced by the following:
Marginal note:Application
14. (1) A complainant may, after receiving the Commissioner’s report or being notified under subsection 12.2(3) that the investigation of the complaint has been discontinued, apply to the Court for a hearing in respect of any matter in respect of which the complaint was made, or that is referred to in the Commissioner’s report, and that is referred to in clause 4.1.3, 4.2, 4.3.3, 4.4, 4.6, 4.7 or 4.8 of Schedule 1, in clause 4.3, 4.5 or 4.9 of that Schedule as modified or clarified by Division 1 or 1.1, in subsection 5(3) or 8(6) or (7), in section 10 or in Division 1.1.
Marginal note:Time for application
(2) A complainant shall make an application within one year after the report or notification is sent or within any longer period that the Court may, either before or after the expiry of that year, allow.
14. Paragraph 16(a) of the Act is replaced by the following:
(a) order an organization to correct its practices in order to comply with Divisions 1 and 1.1;
15. The Act is amended by adding the following after section 17:
Compliance Agreements
Marginal note:Compliance agreement
17.1 (1) If the Commissioner believes on reasonable grounds that an organization has committed, is about to commit or is likely to commit an act or omission that could constitute a contravention of a provision of Division 1 or 1.1 or a failure to follow a recommendation set out in Schedule 1, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Part, with that organization.
Marginal note:Terms
(2) A compliance agreement may contain any terms that the Commissioner considers necessary to ensure compliance with this Part.
Marginal note:Effect of compliance agreement — no application
(3) When a compliance agreement is entered into, the Commissioner, in respect of any matter covered under the agreement,
(a) shall not apply to the Court for a hearing under subsection 14(1) or paragraph 15(a); and
(b) shall apply to the court for the suspension of any pending applications that were made by the Commissioner under those provisions.
Marginal note:For greater certainty
(4) For greater certainty, a compliance agreement does not preclude
(a) an individual from applying for a hearing under section 14; or
(b) the prosecution of an offence under the Act.
Marginal note:Agreement complied with
17.2 (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.
16. The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:To ensure compliance
18. (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
Marginal note:2010, c. 23, s. 86(1)
17. (1) Subsection 20(1) of the Act is replaced by the following:
Marginal note:Confidentiality
20. (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 other than those referred to in subsection 10.1(1) or 10.3(2).
Marginal note:Confidentiality — reports and records
(1.1) 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 contained in a report made under subsection 10.1(1) or in a record obtained under subsection 10.3(2).
(2) Subsection 20(2) of the Act is replaced by the following:
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.
(3) Subsection 20(4) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after that paragraph:
(e) a judicial review in relation to the performance or exercise of any of the Commissioner’s duties or powers under this Part.
(4) Section 20 of the Act is amended by adding the following after subsection (5):
Marginal note:Disclosure of breach of security safeguards
(6) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose to a government institution or a part of a government institution, any information contained in a report made under subsection 10.1(1) or in a record obtained under subsection 10.3(2) if the Commissioner has reasonable grounds to believe that the information could be useful in the investigation of a contravention of the laws of Canada or a province that has been, is being or is about to be committed.
18. (1) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Defamation
(2) No action lies in defamation with respect to
(2) Paragraphs 22(2)(a) and (b) of the English version of the Act are replaced by the following:
(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.
19. Paragraph 24(c) of the Act is replaced by the following:
(c) encourage organizations to develop detailed policies and practices, including organizational codes of practice, to comply with Divisions 1 and 1.1; and
20. (1) Subsection 25(1) of the Act is replaced by the following:
Marginal note:Annual report
25. (1) The Commissioner shall, within three months after the end of each financial year, submit to Parliament a report concerning the application of this Part, the extent to which the provinces have enacted legislation that is substantially similar to this Part and the application of any such legislation.
(2) Subsection 25(2) of the English version of the Act is replaced by the following:
Marginal note:Consultation
(2) Before preparing the report, the Commissioner shall consult with those persons in the provinces who, in the Commissioner’s opinion, are in a position to assist the Commissioner in making a report respecting personal information that is collected, used or disclosed interprovincially or internationally.
21. (1) The portion of subsection 26(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Regulations
26. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations
(2) Paragraph 26(1)(a.01) of the Act is repealed.
(3) Subsection 26(1) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by replacing paragraph (b) with the following:
(b) specifying information to be kept and maintained under subsection 10.3(1); and
(c) prescribing anything that by this Part is to be prescribed.
22. Subsection 27(1) of the Act is replaced by the following:
Marginal note:Whistleblowing
27. (1) Any person who has reasonable grounds to believe that a person has contravened or intends to contravene a provision of Division 1 or 1.1 may notify the Commissioner of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.
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