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An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts (S.C. 2019, c. 18)

Assented to 2019-06-21

R.S., c. P-21Privacy Act (continued)

56 Section 73 of the Act is replaced by the following:

Marginal note:Delegation by head of government institution

  • 73 (1) The head of a government institution may, by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of that institution.

  • Marginal note:Delegation to officers or employees of other government institution

    (2) The head of a government institution may, for the purposes of subsection 73.1(1), by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of another government institution.

Marginal note:Provision of services related to privacy

  • 73.1 (1) A government institution may provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution that is presided over by the same Minister or that is under the responsibility of the same Minister and may receive such services from any other such government institution.

  • Marginal note:Written agreement

    (2) A government institution may provide services under subsection (1) to another government institution only if it enters into an agreement in writing with the other government institution in respect of those services before it provides the services.

  • Marginal note:Notice

    (3) The head of a government institution that receives the services shall provide a copy of the agreement to the Privacy Commissioner and the designated Minister as soon as possible after the agreement is entered into. The head of the institution shall also notify the Commissioner and the designated Minister of any material change to that agreement.

  • Marginal note:Fees

    (4) The head of a government institution that provides the services may charge a fee for those services. The fee is not to exceed the cost of providing the service.

  • Marginal note:Spending authority

    (5) The head of the institution that charges the fee may spend the revenues that are received from the provision of the services for any purpose of that institution. If the head of the institution spends the revenues, he or she must do so in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year.

Marginal note:Personal information not under control of institution

73.2 The personal information that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 73.1(1) is not under the control of that other institution.

57 Subsection 77(2) of the Act is replaced by the following:

  • Marginal note:Amendments to schedule

    (2) The Governor in Council may, by order,

    • (a) add to the schedule the name of any department, ministry of state, body or office of the Government of Canada;

    • (b) replace in the schedule the former name of any department, ministry of state, body or office of the Government of Canada with its new name; and

    • (c) delete from the schedule the name of any department, ministry of state, body or office of the Government of Canada that has ceased to exist or has become part of another department, ministry of state, body or office of the Government of Canada.

Validation of Orders in Council

R.S., c. A-1Access to Information Act

58 The following amendments to Schedule I to the Access to Information Act are deemed to have been validly made:

  • (a) the deletion of “Federal Office of Regional Development – Quebec/Bureau fédéral de développement régional (Québec)” under the heading “Other Government Institutions” by Order in Council P.C. 1998-187 of February 13, 1998, registered as SOR/98-120;

  • (b) the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.C. 1998-955 of June 3, 1998, registered as SOR/98-320;

  • (c) the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.C. 2001-615 of April 11, 2001, registered as SOR/2001-143;

  • (d) the deletion of “Canada Information Office/Bureau d’information du Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2001-1576 of August 28, 2001, registered as SOR/2001-329;

  • (e) the deletion of “Millennium Bureau of Canada/Bureau du Canada pour le millénaire” under the heading “Other Government Institutions” by Order in Council P.C. 2002-187 of February 7, 2002, registered as SOR/2002-71;

  • (f) the replacement of “Office of Infrastructure and Crown Corporations of Canada/Bureau de l’infrastructure et des sociétés d’État du Canada” by “Office of Infrastructure of Canada/Bureau de l’infrastructure du Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2002-1325 of August 6, 2002, registered as SOR/2002-291;

  • (g) the deletion of “Communication Canada/Communication Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2004-107 of February 16, 2004, registered as SOR/2004-24;

  • (h) the deletion of “Department of Social Development/Ministère du Développement social” under the heading “Departments and Ministries of State” by Order in Council P.C. 2006-38 of February 6, 2006, registered as SOR/2006-24;

  • (i) the deletion of “Department of International Trade/Ministère du Commerce international” under the heading “Other Government Institutions” by Order in Council P.C. 2006-44 of February 6, 2006, registered as SOR/2006-28;

  • (j) the deletion of “Canada Firearms Centre/Centre canadien des armes à feu” under the heading “Other Government Institutions” by Order in Council P.C. 2006-392 of May 17, 2006, registered as SOR/2006-99;

  • (k) the deletion of “Indian Residential Schools Truth and Reconciliation Commission Secretariat/Secrétariat de la Commission de vérité et de réconciliation relative aux pensionnats indiens” under the heading “Other Government Institutions” by Order in Council P.C. 2008-800 of April 25, 2008, registered as SOR/2008-130;

  • (l) the deletion of “Office of Indian Residential Schools Resolution of Canada/Bureau du Canada sur le règlement des questions des pensionnats autochtones” under the heading “Other Government Institutions” by Order in Council P.C. 2008-809 of April 25, 2008, registered as SOR/2008-135.

R.S., c. P-21Privacy Act

59 The following amendments to the schedule to the Privacy Act are deemed to have been validly made:

  • (a) the deletion of “Federal Office of Regional Development – Quebec/Bureau fédéral de développement régional (Québec)” under the heading “Other Government Institutions” by Order in Council P.C. 1998-186 of February 13, 1998, registered as SOR/98-119;

  • (b) the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.C. 1998-956 of June 3, 1998, registered as SOR/98-321;

  • (c) the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.C. 2001-616 of April 11, 2001, registered as SOR/2001-144;

  • (d) the deletion of “Canada Information Office/Bureau d’information du Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2001-1577 of August 28, 2001, registered as SOR/2001-330;

  • (e) the deletion of “Millennium Bureau of Canada/Bureau du Canada pour le millénaire” under the heading “Other Government Institutions” by Order in Council P.C. 2002-188 of February 7, 2002, registered as SOR/2002-72;

  • (f) the deletion of “Office of Infrastructure and Crown Corporations of Canada/Bureau de l’infrastructure et des sociétés d’État du Canada” under the heading “Departments and Ministries of State” by Order in Council P.C. 2002-1326 of August 6, 2002, registered as SOR/2002-292;

  • (g) the deletion of “Communication Canada/Communication Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2004-105 of February 16, 2004, registered as SOR/2004-23;

  • (h) the deletion of “Department of Social Development/Ministère du Développement social” under the heading “Departments and Ministries of State” by Order in Council P.C. 2006-39 of February 6, 2002, registered as SOR/2006-25;

  • (i) the deletion of “Department of International Trade/Ministère du Commerce international” under the heading “Other Government Institutions” by Order in Council P.C. 2006-45 of February 6, 2006, registered as SOR/2006-29;

  • (j) the deletion of “Canadian Firearms Centre/Centre canadien des armes à feu” under the heading “Other Government Institutions” by Order in Council P.C. 2006-383 of May 17, 2006, registered as SOR/2006-100;

  • (k) the deletion of “Indian Residential Schools Truth and Reconciliation Commission Secretariat/Secrétariat de la Commission de vérité et de réconciliation relative aux pensionnats indiens” under the heading “Other Government Institutions” by Order in Council P.C. 2008-801 of April 25, 2008, registered as SOR/2008-131;

  • (l) the deletion of “Office of Indian Residential Schools Resolution of Canada/Bureau du Canada sur le règlement des questions des pensionnats autochtones” under the heading “Other Government Institutions” by Order in Council P.C. 2008-810 of April 25, 2008, registered as SOR/2008-136.

Consequential Amendments

R.S., c. C-5Canada Evidence Act

60 Item 15 of the schedule to the Canada Evidence Act is replaced by the following:

2000, c. 5Personal Information Protection and Electronic Documents Act

61 Paragraph 9(3)(a) of the Personal Information Protection and Electronic Documents Act is replaced by the following:

  • (a) the information is protected by solicitor-client privilege or the professional secrecy of advocates and notaries or by litigation privilege;

Coordinating Amendment

Marginal note:Bill C-44

62 If Bill C-44, introduced in the 1st session of the 42nd Parliament and entitled Budget Implementation Act, 2017, No. 1, receives royal assent, then, on the first day on which both section 128 of that Act and section 36 of this Act, are in force, section 71.08 of the Access to Information Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

  • (g) in respect of the office of the Parliamentary Budget Officer, the Speaker of the Senate and the Speaker of the House of Commons, jointly.

Coming into Force

Marginal note:First anniversary of royal assent

63 Sections 36 and 38 come into force on the first anniversary of the day on which this Act receives royal assent.

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